PLEASE READ THESE TERMS AND CONDITIONS OF USE (TCU) IN ITS ENTIRETY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO ITS PRODUCTS AND SERVICES. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEB SITE OR GRANZA PRODUCTS AND SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THE AGREEMENT AND THESE TERMS AND CONDITIONS OF USE.
Last modified: March 22, 2017
Granza, Inc. ("Granza") provides software, various products and services for the purpose of email marketing, advertising, communication, storage, surveys and events.
No portion of Granza may be used for the sending of unsolicited email (sometimes called "spam") or for the hosting of illegal or prohibited content. See our Anti-Spam Policy, which is incorporated into this TCU by reference.
The following are the TCU for access to all Granza products and services. By clicking the 'Sign Up' button on the Join Now page, you accept these TCU.
This web site, and the information which it contains, is the property of Granza, its affiliates and licensors, and is protected from unauthorized copying and usage of any kind by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Granza" and the Granza logo are registered trademarks of Granza under the applicable laws of the United States and/or other countries. Other Granza product or service names or logos appearing in this web site are either trademarks or registered trademarks of Granza and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Granza's trademark or other intellectual property rights concerning that name or logo.
Granza is available only to persons or entities that can form legally binding contracts under applicable law. Without limiting the foregoing, Granza is not available to individuals under the age of 18. If you do not qualify, you are not permitted to use Granza. If you are using Granza in your capacity as an employee, you must have the ability to bind your employer by your use of Granza. You must complete the registration form on the Granza sign up page in order to use Granza. You shall provide and maintain true, accurate, current, and complete information about yourself as requested in the registration form. You may elect, from time to time provide Granza's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of Granza. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption, damage caused by Granza or its personnel.
If you are accessing or using Granza through a third party service or web site, you agree and acknowledge that Granza is not responsible or liable for any actions of such third party or for any aspect or result of such service. Your use of third party services is at your own risk. You further agree and acknowledge that Granza may terminate such third party services ability to interact with Granza at any time, with or without notice, and in Granza's sole discretion, with no liability to you or third parties.
Acknowledgements and Representations
Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:
Every email message sent in connection with Granza must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing. The link must remain operational for a period of thirty (30) days after the date on which you send the message, and may not be altered. You acknowledge and agree that you will not remove, disable or attempt to remove or disable any required links. Although Granza provides automated opt out links and management, you shall monitor, maintain and are solely responsible for processing all unsubscribe requests received by you directly within ten (10) days of submission, and update the email addresses to which messages are sent through your Granza account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
You agree to import, access or otherwise use only Permission Based Lists in connection with your use of Granza and hereby warrant such. If you have used the Granza feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize Granza to send any commercial electronic mail message (as defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to newsgroups, distribution lists, publicly available press or media addresses or spam or unsolicited email addresses. You cannot copy any Granza template or any other features or functionality from Granza products and services and use them for any purpose other than sending email messages directly from Granza. Emails that you send through Granza may generate spam complaints from recipients. As a matter of privacy, Granza cannot share with you the email addresses of those who complain about your emails. You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. Granza, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Granza will terminate your use if Granza determines that your level of spam complaints is higher than industry norms (as determined solely by Granza).
For every email message sent in connection with Granza, you acknowledge and agree that Granza may add an identifying hyperlinked footer stating "Powered by Granza", "Email Marketing by Granza", similar message or some other content at its sole discretion. This hyperlink is embedded with the promo code of the user. It is designed specifically to increase the user's subscriber base and downline users.
Documents, text and images ("Assets") or any other content provided by, hosted or stored by Granza may only be used in conjunction with Granza and for no other purpose whatsoever. You may link to your assets that are uploaded/stored in conjunction with the services Granza provides and only direct links via communications sent through/created by the Granza system is allowed. No third party services may link to any Granza Assets. You agree to be fully responsible for any excess storage or bandwidth fees incurred as a result of your use of any third parties. To the extent you use Assets provided by Granza, Granza hereby grants to you a limited, non-exclusive, non-transferable right to use them in an unaltered state, unless otherwise noted in your personal web based Dashboard.
Granza may not be used by any person or entity that:
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam or as determined by Granza at its sole discretion.
- Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; dating services; adult "swinger" promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; get rich quick programs; instructions on how to assemble or otherwise make destructive devices or any other weapons.
- Displays or markets material that exploits children, or otherwise exploits children less than 18 years of age.
- Posts or discloses any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor).
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received and where the user is not properly licensed and authorized.
- Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
- Introduces viruses, worms, or any harmful code on the internet.
- Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
- Markets to third party voter registration lists.
- Provides content, images of artists, authors, photographers or others without the express written consent of the content owner.
- At Granza's sole discretion, certain multi-level marketing and franchise opportunities.
Granza offers both premium and free advertising options for users, which are created and viewed from within their Dashboard. A user’s promo code “name” is used in conjunction with their advertisement(s). Promo codes are created by the user and are included in Granza’s policy regarding prohibited content. Promo codes may be retained by an active user. An active user is defined as one who maintains a database of at least 25 contacts, is sending emails to them at least once every 60 days, and is compliant with all other aspects of this Agreement. Inactive users may, at Granza’s sole discretion, have their user account deleted and have their promo code(s) deleted and made available to other users without any obligation to the user. A user may not retain, obtain, or reserve a promo code for "squatting", resale or any similar purpose. If Granza determines that a user has obtained or sold a promo code in any unauthorized manner, Granza, at its sole discretion, may have the user account(s) deleted, their promo code(s) deleted and made available to other users without any obligation to anyone.
All Granza users will see 4 small, non-competing advertisements within various places in their dashboard and on occasion emails from Granza administration. Contacts never see anyone else advertisement, only their user. If a contact chooses to join Granza as new user, they will see their user’s advertisement and 4 small, non-competing advertisements, one of which is their original user.
Granza approves all advertising so as to provide its users with the best possible experience. At its sole discretion, Granza maintains the right to modify, disapprove or remove any user advertisement for any reason whatsoever, including but not limited to:
- Users who advertise at an unrealistic distance from their location(s), such as a local company unable to reasonably provide their products, services or support via the internet. (E.g. a one store pizza restaurant advertising 200 miles away.)
- Users that are primarily business to business, “B2B”. (E.g. a supplier of dental equipment advertising to all Granza users as opposed to targeting dentists.)
Restrictions and Responsibilities
You are not granted a license to any portion of Granza. You will not directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the software source code, object code, algorithms, structure or ideas found in any form, including documentation or data related to Granza, remove any proprietary notices or labels, modify, translate, or create derivative works based on Granza, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to Granza.
Unless you are an authorized representative of Granza, you may not display, copy, reproduce, or distribute any component of Granza. Violation of these restrictions may result in the termination of this Agreement and legal action.
In using Granza, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Granza. Granza may use this information and any technical information about your use of Granza to tailor its presentations to you, facilitate your movement through Granza, or communicate separately with you. Except as described, Granza will not provide your information, including your contact and account information to third parties who you have not authorized to receive such information, except as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or if your Granza account was terminated due to unsolicited commercial email being sent from your Granza account. Granza will not provide any information, sell or rent your contact lists to anyone without your permission. Granza acknowledges your ownership right regarding your contact lists. If you ever decide to close your Granza account, all information you provided shall be deleted from Granza.
Legal Compliance and Monitoring
You shall use Granza only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although Granza has no obligation to monitor the content provided by you or your use of Granza, without notice to you, Granza may do so and may block any email messages, remove any such content, including surveys or event registrations, or prohibit any use of Granza that Granza believes may be (or is alleged to be) in violation of the foregoing.
You will not submit, upload or transmit any contact lists, content, links, or communications of any type to Granza web pages or in connection with Granza that infringe, misappropriate or violate any rights of any party. You expressly relieve Granza from any liability arising from your use of such and assume all responsibility.
You may terminate this Agreement at any time by contacting Granza User Support. There are no refunds for any fees you have paid. You are responsible for terminating your account and this Agreement and Granza is not responsible for your failure to properly do so. Any credit card charges and fees you incur as a result are still due to Granza and shall be paid immediately by you.
Granza may terminate this Agreement, disable your account or put your account into inactive status, in each case at any time with or without cause, and with or without notice. Granza shall have no liability to you or any third party because of such termination or action.
Granza may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at Granza's sole discretion) as inactive for over 90 days, Granza has the right to permanently delete your user account and associated data. Granza will use good faith efforts to contact you via email prior to taking any permanent removal actions.
You hereby agree to defend, indemnify and hold harmless Granza and its business partners, third party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from any alleged breach of this Agreement, from the content or effects of any messages you distribute or events you host using Granza or arises from your activities or postings, or otherwise arises from or relates to your use of Granza. In addition, you acknowledge and agree that Granza has the right to seek damages from you for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, incidental, cover, reliance, consequential and/or special damages. In addition, in the event that Granza is required to respond to a third party or law enforcement subpoena, Granza may in its sole discretion require you to reimburse Granza for its reasonable expenses associated with complying with such subpoena.
Warranty Disclaimer and Remedies
Any use of Granza, reliance by you, actions taken by you of such reliance is at your sole risk. Granza does not warrant that it will be uninterrupted or error free, nor does it make a warranty as to the results that may be obtained from use of Granza. Granza is provided on an "as is" basis and Granza disclaims any warranties, express or implied, including but limited to implied warranties of merchantability, fitness for an particular purpose and non-infringement.
Your sole and exclusive remedy for any failure or nonperformance of Granza shall be for Granza to its reasonable efforts, adjust or repair make repairs.
Restricted Persons, Export of Products or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using Granza is (1) a national of or an entity with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Granza within twenty-four (24) hours, and Granza shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but not including any and all outstanding obligations to Granza.
You agree that you shall not utilize Granza to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of Granza, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Third Party Web Sites and Services
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract or otherwise, shall Granza or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employee, distributors or agents be liable to you or any other person or entity for any monetary damages, whether direct, indirect, incidental, special, cover, reliance or consequential damages, even if Granza shall have been informed of the possibility of such damages, or for any claims by any other party. In the event that, notwithstanding the foregoing, Granza is found liable to you for damages from any cause whatsoever, and regardless of the form of the action, whether in contract, tort (including negligence), product liability or otherwise, the maximum aggregate liability of Granza to you arising in connection with this Agreement shall be limited to the actual amount you paid to Granza in the 12 months prior to the actual accrual of the applicable claim, less any damages previously paid by Granza to you in that 12 month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Granza of that third party or of any product or service provided by a third party.
You understand, agree and acknowledge that Granza may in its discretion, but is not obligated to, monitor or record any of your telephone conversations with Granza for purposes of quality control, training of its employees and for its own protection. You acknowledge and understand that not all communications are recorded by Granza, and Granza does not guarantee that recordings of any particular type will be retained or capable of being retrieved.
Infringement Notice and Take Down Procedures
If you believe any materials accessible on or from Granza infringe your copyright or other intellectual property, you may request removal or access of those materials by contacting Granza and providing the following information:
Your name, address, telephone number and email address. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and include a copy or the location (URL) of the authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law. A signature or the electronic equivalent from the copyright holder or authorized representative. For these matters, email Granza at [email protected]
In an effort to protect the rights of copyright owners, Granza maintains a policy for the termination, in appropriate circumstances, of users and others of this web site.
Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Granza will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Granza in its discretion, by email or by phone, or through a third party service, if any, through which you access Granza. Granza has no knowledge of your personal relationships, organizational structure, or if you are a person or entity. Granza shall not be responsible for the actions of anyone or any entity that misuses or misappropriates your contact lists or other assets using your username and password or other appropriate account identifying information.
Forward Looking Statements
You acknowledge that this web site contains "forward looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 regarding Granza. These forward looking statements regarding Granza are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of Granza management. Words such as "believe", "expect", "anticipate", "should", "hope", "target", "project", "goals", "estimate", "potential", "predict", "will", "might", "may", "could", "intend", variations of these terms or the negative of these terms and similar expressions are intended to identify these forward looking statements. Forward looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond Granza's control, and therefore not liable for such.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
You agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Granza in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees, except as otherwise noted in this Agreement.
The Agreement shall be governed by the laws of the State Of California, USA without regard to its choice or law or conflict of law provisions. All legal actions in connection with the Agreement shall be brought in state or federal courts located in Ventura County, California.