The eMail Guide Website Terms and Conditions
Website Terms and Conditions Contents
3. Trade Marks
9. Specific Use
Email Technology That Powers Our eMail Marketing
Whilst every effort is made to update the information contained on this website, neither The eMail Guide nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The eMail Guide reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of The eMail Guide. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of The eMail Guide.
Except as otherwise provided herein, this Agreement shall become effective as of the date that Customer signs the Order Form and shall remain in force until the earlier of the following events: the Services have been materially completed or this Agreement is terminated earlier pursuant to Sections 12 or 17.
In consideration for the Services provided by The eMail Guide hereunder, Customer shall pay The eMail Guide the amounts set forth in the Order Form plus all applicable taxes.
Customer represents and warrants that the Customer information, including the source address and advertisements of Customer, shall not contain any of the following:(a) Any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, federal or international law; (b) Any misleading or deceptive information, or any misrepresentation with respect to products or services offered by Customer; (c) Any chain letters, illegal pyramid, or “Ponzi” type schemes; (d) Any information, audio, video, graphics, software, or other works in violation of any person’s copyright, trade-mark or any other intellectual property rights; (e) Any deceptive information which would imply endorsement, affiliation, or sponsorship with any entity or person other than Customer without the written consent of such entity or person. Customer further represents and warrants that all personal information contained in Customer’s database and all personal information obtained from recipients of the Customer Deployment shall be used, collected, maintained and disclosed in accordance with all applicable privacy laws, rules and regulations and in a manner which gives due consideration to matters concerning privacy and confidentiality. If Customer delays in providing any Customer content or Customer deliverables, The eMail Guide may, in its sole discretion, adjust the timeline for the provision of Services.
External links may be provided for your convenience, but they are beyond the control of The eMail Guide and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
The eMail Guide is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by The eMail Guide. The eMail Guide reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of The eMail Guide’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Canadian or international laws or intellectual property rights of The eMail Guide or any other third party;
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify The eMail Guide against any loss, liability, damage or expense of whatever nature which The eMail Guide or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The eMail Guide makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
The eMail Guide shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither The eMail Guide nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
The eMail Guide does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to The eMail Guide that you are legally entitled to do so and to make use of information made available via the website.
13.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and The eMail Guide in relation to your use of the website. Neither you nor The eMail Guide shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and The eMail Guide in respect of your use of the website.
The eMail Guide may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or The eMail Guide may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The eMail Guide shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
13.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Supreme Court of Canada in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
13.8 Comments or Questions.
We collect information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience. Your information helps us to better respond to your individual needs
• To improve our website. We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To administer a contest, promotion, survey or other site feature
• To send periodic emails. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
We implement a variety of security measures to maintain the safety of your personal information when you place an order
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via 128 Bit Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, financials, etc.) will be kept on file for more than 120 days in order to manually renew..
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all registered users of our site may make any changes to their information at anytime by logging into their control panel and going to the ‘Edit Profile’ page.
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older or corporations.
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.theemailguide.com/privacy
The eMail Guide
15 Kainona avenue
Toronto, Ontario M3H 3H4
416 225 7711
Email Technology That Powers Our eMail Marketing
By choosing Epsilon as our email delivery partner we feel it is important to share their privacy policies regarding data collection and email technology. Any additional information you require can be found at Epsilon’s web site .
Epsilon provides email marketing services and email delivery services to email publishers or advertisers to which you have given your email address and consented to receive ad-supported newsletters or promotional emails. Epsilon also delivers marketing emails when you have opted-in to receive promotional messages from third-party marketers. In their efforts to provide you better and more relevant advertising and services, an email company or advertiser may use Epsilon’s email services to compile information about email response and web site usage. This information helps these email companies or advertisers to better understand their customers’ site usage patterns and also what types of content and advertising may help to encourage those visits. This information also helps them understand the types of marketing messages their customers are interested in receiving.
To provide this information to email clients Epsilon assigns your email address a unique email identifier. This email user number is not linked to your general Web surfing or other behavior outside of your relationship with the particular email client that sent you the email. Epsilon compiles the following types of information using the email user number.
The first is to recognize if you have opened an email message. Email companies use this information to gauge whether the messages sent to you are relevant. The recognition that you have opened a message is performed through the use of clear gifs or pixel tags (also known as “Web beacons”) in the messages. Some email publishers or advertisers use this information on an aggregate basis to determine what percentage of recipients has opened a particular email message. Other email publishers or advertisers may associate this “message open” information with your email address to more specifically tailor future messages to you.
The second is to determine if you have an HTML capable email program. This is done to ensure that you receive the most attractive and useful form of the content that can be supported by your email program. Epsilon can also send the content in the format of your preference. The email publisher or advertiser sending you the message may have asked you when you subscribed whether you prefered HTML or text email messages. If not, or to change your email format preference, you may want to contact the email publisher or advertiser sending you the message. The capability to recognize if you have an HTML capable email program is performed through the use of clear gifs or pixel tags in the messages. Sensed HTML capabilities are associated with your email address so that subsequent messages can be sent to you in HTML format.
The third is to recognize if you have clicked on a URL contained in the message. This is done to allow an advertiser to judge the effectiveness of a campaign. When you click on a link in a message, you are directed first to a Epsilon server which records the click. Then, the server directs you to the Web page managed by our client. Some email publishers or advertisers may use this information on an aggregate basis to decide whether an email message was effective. Other email publishers or advertisers may associate your clicks on URLs with your email address so that future messages can be tailored to your interests.
The fourth is to associate your clicking on a link contained in a message with activity on web sites associated with our client. Once you click on a link in an email and go to the email publisher or advertiser’s Internet web site, Epsilon’s servers may assign your browser a unique email cookie for that email publisher or advertiser. You may receive an email cookie for each separate email publisher or advertiser from which you receive email through Epsilon DREAMmail services. This way, the information you provide or activities you perform with a particular email publisher or advertiser are only available to that email publisher or advertiser, and not to other email publishers or advertisers. Through the use of clear GIFs on the email publisher or advertiser’s Web pages, and the assignment of a email cookie specific to the email publisher or advertiser by Epsilon, the email publisher or advertiser may also note whether you visit certain pages within their web site, and some of the activities you perform at that web site, such as purchases. The information collected through the use of these cookies may be linked to your email address in order for the email publisher or advertiser to decide which advertisements or email messages to send to you in the future. Email publishers or advertisers do this so that they can determine whether you are interested in receiving certain types of messages, or whether certain emails result in visits to their web sites or particular activities (such as purchases) at their web sites. Web site activities are associated with your email address so that subsequent messages can be sent to you in HTML format.
Any questions you might have regarding this technology or the practices of The eMail Guide can be directed to: email@example.com