PuTTinOuT Terms of Service
By using this website, you are deemed to have read and agreed to these terms and conditions.
For these Terms and Conditions, the puttinout.com Privacy Statement, and any other agreements required by PuTTin’ OuT, LLC (also “PO” and puttinout.com) to use or access software, products, or services, the following terms apply: “Client,” “User,” “You,” and any other second-person reference refers to the addressed person reading the terms and identified either voluntarily or via website, product, or service use; “The Company,” “This Company,” “We,” “Us,” or any other first-person reference refers to PuTTin’ OuT, LLC, except where it refers collectively (as with “Party” or “Parties”) to both PuTTin’ OuT, LLC and the Client(s). These terms refer to any offer, consideration, acceptance, and/or payment required to allow Us to service or assist the Client in a manner agreed to and deemed appropriate by PO for the express purpose of meeting the Client’s needs and expectations in respect to PO’s stated products and services as outlined in the terms agreed to, subject to the laws of the United States.
PO considers the above terms to be interchangeable in terms of modifications to number, capitalization, gender specification (e.g. he/she, him/her), and therefor refer to the same.
While we cannot explicitly guarantee the ongoing security of user information and privacy, we do commit to making every effort we deem necessary and beneficial for maintaining user and client security. We only authorize employees (in-house, freelance, or otherwise) within the company to access user information on a need-to-know basis. Any perceived breach of this security will be investigated and any parties identified as abusing or breaching security will be subject to prosecution and/or civil proceedings to recover damages against affected users.
For accounts requiring fees, we require users have a valid credit card. Billing will automatically be applied monthly starting the 30th day after account creation and agreement to these Terms. Cancellation prior to this date will negate any charge. Updates to services requiring a change in fee amount will terminate the free trial period and result in immediate billing for the first month of use; any change in fees during a paid month will be applied to the user’s next billing cycle. Payment for agreed-to services is non-refundable, even in the event of partial month of usage or non-use of a paid account. All fees listed exclude tax, levies, or duties that may be imposed by authorities of taxation; any payment of such costs is the user’s responsibility. Exceptions may be made for Canadian citizens, who are responsible for filling out their province and country correctly for proper taxation.
Cancellation and Termination
It is the user’s responsibility to cancel his/her account by logging in to the PuTTin’ OuT dashboard and confirming your cancellation. PuTTin’ OuT, LLC accepts no liability for any loss of data or content caused by account cancellation. If cancelled during a month that has already been fully paid for, the account will accrue no more fees from that point on unless the user renews an account later. PuTTin’ OuT, LLC reserves the right to suspend or terminate any user’s account and refuse service to any user for any PuTTin’ OuT service at any time and for any reason, resulting in account deactivation, content deletion, and indefinite suspension of account access. PuTTinOuT LLC. also reserves the right to refuse service to anyone for any reason at any time.
Anti-Spam and Abuse Related Rules
By assenting to these terms, you agree to the following:
(a) Never to use PuTTin’ OuT software to send Spam: We adopt the definition of “Spam” as posted on the Spamhaus website (as of February 26, 2014) at http://www.spamhaus.org/definition.html:
The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).
We make every effort to ensure that none of our users utilize PuTTin’ OuT software to send unsolicited email to any amount of people with whom our users have no relation, and forbid such activity as outlined in these Terms.
(b) To only use PuTTin’ OuT software for contacting people whom you have permission to contact: You may use PuTTin’ OuT only to send emails to individuals and entities who have given or currently give you written (including electronic) permission to contact them without subsequently withdrawing such permission. Such an agreement includes any form of voluntary consent on the recipient’s part.
You must be able to prove that each recipient on all of your email lists (if you have them) has voluntarily opted in to your list or consented to receiving communication from you. In the event that we receive Spam complaints regarding your account, we reserve the right to take any actions necessary to investigate the claims and terminate your account without warning, fee refund, or remorse. Please don’t Spam people.
(c) To never use in conjunction with PuTTin’ OuT software any purchased, rented, or otherwise instantly procured ready-made contact lists. This includes lists from third parties, employees, or any entity who represents (whether by assent or procurement) any person’s contact information who is not his/her own. In other words: no importing lists you got from someone else. If you are not so fortunate as to have a consented contact list of your own, then please consider using PuTTin’ OuT software to gain a list, or see our blog post about gaining opt-in subscribers on your website (www.puttinout.com/how-to/formal-lead-generation). Trust us – it works. That’s how we do it.
Exclusions and Limitations
The information provided on and throughout this website is provided as is. to the fullest extent permitted by law, PuTTin’ OuT, LLC: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or any content provided by the Company and excludes all liability for damages arising out of or in connection with your use of puttinout.com and any web-based service provided by PuTTin’ OuT, LLC. This includes without limitation direct losses; loss of business or reduction in profit (regardless of whether or not any such losses were foreseeable, arose incidentally or coincidentally, or whether you at any time advised any member of this company of the possibility of such potential losses); damages in any manner caused to any computer you used to access or use the Company’s website(s), computer software, systems and programs and the data thereon; or any other direct, indirect, consequential and/or incidental damages. However, PuTTin’ OuT does not exclude liability for death or personal injury caused by the Company’s own negligence. None of your statutory rights as a consumer are affected by the above limitations.
Content Availability and Redistribution
You are solely responsible for evaluating the state of any downloads, programs, ideas, tips, advice, and text made available by this site. Redistribution or republication of any part of this site or its content in any manner is prohibited without the express written consent of the Company and/or proper attribution in the form of crediting PuTTin’ OuT and providing a link to the original page the content was found on. The Company makes no guarantee that services on this site will be uninterrupted, timely, or without error in judgment or factuality, though it is always provided to the best of the Company’s ability. By using this service you thereby indemnify PuTTin’ OuT, LLC, its employees, its agents, and its affiliates against any loss or damage of any manner, however it was or is caused.
Automatic User Logging
We use IP addresses to analyze user and visitor behavior, administer the website and improve its functionality, track use and usability, and accumulate broad demographic information for use in the aggregate, not to include personally identifiable information from any user. For assistance with administration and troubleshooting, certain aspects of standard information may be tracked, including but not limited to browser details, access use, requested URLs, and URL referrals. None of this information is shared in any manner not outlined in these Terms without explicit permission from relevant users.
Links Leading out of This Website
Copyright and other relevant intellectual property rights are in effect on all text relating to the Company’s services and all content on this website. This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand name and various specific services featured on this website by this Company are trademarked.
Usage of Logo
Associates and clients of PuTTin’ OuT, LLC may use the company’s logo and name for relevant marketing materials, including but not limited to webpages, case studies, partner lists, presentations, and proposals, provided that such use implies no damages to PuTTin’ OuT, LLC either in revenue, reputation, or otherwise. If such use is forecasted to or begins at any point to receive 3,000 impressions per month or more, written consent should be sought from PuTTin’ OuT, LLC and the Company reserves the right to revoke permission of such use. In short, referring to PuTTin’ OuT with our branding materials should be beneficial to both of Us.
Communication with the Company
Any communication with the Company can be made through the addresses listed on the puttinout.com Contact Us page (http://puttinout.com/contact-us/) and at the end of these Terms.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or manmade eventuality outside of our control which causes the termination of an agreement or contract entered into, provided it could not have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the Terms and Conditions of any Agreement contained herein.
Both Parties are expected to uphold this Agreement; failure of either to do so as stipulated within this Agreement shall constitute no waiver and shall not diminish the obligations outlined herein. Any waiver of the provisions in this Agreement will only be made effective with the voluntary written consent of both Parties.
The laws of the United States govern these Terms and Conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to, the exclusions and limitations described above), then the invalid or unenforceable provision will be removed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement or failure to exercise any option to terminate them shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented unless permission is voluntarily granted in writing by representatives of the Company.
Notification of Changes
You may contact PuTTin’ OuT at the below address, or email support@PuTTinOuT.com.
200 West Sahara Avenue
Las Vegas, NV 89102
United States of America