This web page represents a legal document that serves as the Terms of Service for our software-as-a-service website, {URL} and any associated mobile application (collectively, “Service”). Our Service offered on a contractual basis through your company’s contract with Stratgey9, Inc. (“Strategy9”). Our Service is private in nature as a result. The last update to our Terms of Service was posted on April 18, 2018.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service along with our Privacy Policy {URL}, and your company’s contract with us (“MSLA”), govern your access to our Service. Our MSLA, Terms of Service, and Privacy Policy are collectively referred to as our “Legal Terms” and constitute the entire and only agreement between you and Strategy9, and supersede all other agreements, representations, warranties and understandings with respect to our Service. We may amend our Terms of Service at any time without specific notice to you. The latest copies of our Terms of Service and Privacy Policy will be posted on our Service, and you should review them prior to using our Service. It is important for you to periodically review them to make sure you still agree to them.

By using our Service, you agree to fully comply with and be bound by our Legal Terms. If you do not accept our Legal Terms, you should not access our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service.

Definitions
The terms “us” or “we” or “our” refers to Strategy9, the owner of the Service.
A “Member” or “User” is any individual that has been registered by their company with Strategy9 to use our Service.
All text, information, graphics, audio, video, and data offered through our Service, whether free to all or part of our paid features of our Service, are collectively known as our “Content”. When we refer to our Service, our Content is included by reference.

Our Service
Strategy9 offers a service through which our Members can send customized emails to their customers by uploading an email list to our Service. You warrant that you have explicit permission to email any person whose email you have included in any email list you upload to our Service. You further warrant that your emails will comply with the United States CAN-SPAM Act. If you are sending emails outside the United States, you also warrant that your emails comply with the anti-spam laws of the countries your recipients live in.

Limited License
Strategy9 grants you a non-exclusive, non-transferable, revocable license to access and use our Service strictly in accordance with our Legal Terms. Your use of our Service is solely for the purposes as provided herein. Our Service is intended only for use by Members located within North America. You understand that we cannot offer our Service outside North America.

Our Relationship to You
Strategy9 is strictly an independent contractor to you. Your use of our Service or Service in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Strategy9, other Users, or our consultants and affiliates.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service, which as a reminder includes our Service. Strategy9 reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Member Conduct
As a Member, you agree not to use our Service to do any of the following:

1. Violate any local, state, federal, or international laws.
2. Infringe on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
3. Harm, threaten, or defame other people, including but not limited to, promoting violence, hateful, racially objectionable or illegal activities, as well as the harassment, libel, slander, or invasion of privacy of others.
4. Broadcast any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
5. Develop a competing Service or help anyone else to do the same.
6. Upload viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Service or hardware or telecommunications equipment, or to extract information from our Service.
7. Re-distribute our Service in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
8. Deliver any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
9. Use our Service in a manner, which in the sole judgment of Strategy9, is objectionable or which restricts or inhibits any other person from using or enjoying our Service, or which may expose Strategy9, our consultants and affiliates, or our Users to any harm or liability of any type.

Intellectual Property Rights
Strategy9 claims all intellectual property rights in our Service, including copyrights, trademarks, and patents. Our Service may also contain intellectual property belonging to our affiliates and other companies, in the form of words, graphics, and logos. Your use of our Service does not grant any right or license for you to use any such intellectual property rights, other than through our Service, without the prior written permission of the corresponding owner. The copying, redistribution, use or publication by you of any portion of our Service is strictly prohibited.

Linking to Our Service
Strategy9 prohibits any linking to our Service due to its private nature.

Warranty Disclaimer
Strategy9 reserves the right to change all Content and features of our Service, at any time without notice. Our Service may be temporarily unavailable from time to time for maintenance or other reasons. Strategy9 is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, computer or mobile phone equipment, failure of email because of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware, related to or resulting from using, uploading, or downloading materials in connection with our Service.

OUR SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). Strategy9, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. Strategy9 CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE.

Use of Information
Strategy9 reserves the right, and you authorize us, to the use and assignment of all usage information regarding our Service and Service in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) are considered our property. To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant Strategy9 a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as we see fit, in any form whether on our Service or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear on our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Termination of Access
You acknowledge that if you violate the terms of our Legal Terms, Strategy9 reserves the right to terminate your access without notice. Your company will also be notified.