Terms and Conditions

1. Acceptance of Terms

Welcome to the SnailResponder. ("SnailResponder," "Company," "we," "us," and "our") website (the "Website"). These General Terms and Conditions are governed by our Terms of Service. Our Terms of Service take precedence over any conflicting General Terms and Conditions provision. BY USING SnailResponder'S SERVICES AND WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THESE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES.

2. Accuracy and Completeness of Information

While SnailResponder strives to ensure that the information contained on the Website is accurate and reliable, SnailResponder makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of the Website. SnailResponder reserves the right to revise the information contained on the Website at any time, in its sole discretion, without any obligation to notify past, current or prospective visitors.

3. Your Use of the Website

You may download certain content that appears on the Website for your personal use, provided you do not remove or modify any copyright, trademark or other proprietary notices. You expressly agree that no right, title or interest in any downloaded materials is transferred to you as a result of such downloading or copying. There are inherent dangers in downloading materials and information from the Internet, and SnailResponder cautions you to make sure that you completely understand the potential risks before downloading any such content. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from the Website, and SnailResponder will not be liable for any damages that you may suffer as a result of such download.

4. Changes to the General Terms and Conditions

We reserve the right to change these General Terms and Conditions from time to time without notice by posting the changes to the Website. When we do, we will also revise the "last update" date of these General Terms and Conditions.

5. Privacy Policy

SnailResponder's use of any personally identifiable information you submit to the Website is governed by the Website's Privacy Policy.

6. Disclaimers

THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No advice or information, whether oral or written, obtained by a user from SnailResponder, shall create any warranty not expressly made herein. If you download or copy any material from the Website, you do so at your sole discretion and risk. Consequently, you will be responsible for any damage to your computer system or loss of data that results from the download or copying of any material or software. Some of SnailResponder's Services require the use of third party services, products or networks. SnailResponder will make commercially reasonable efforts to communicate any policies, requirements or guidelines of those third parties to you. You agree to follow those policies, requirements or guidelines. ANY ACTUAL OR ALLEDGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. SnailResponder MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS ALLEDGED BY A THIRD PARTY.

7. Products and Services

All products (including software) and services of SnailResponder may only be accessed and used pursuant to a separate product or service agreement. If you have accessed such products or services prior to entering into a separate product or service agreement, such access is in violation of SnailResponder's General Terms and Conditions, and you shall immediately cease using such services or delete any such products from your computer or server until such time as you become an authorized user of such products or services.

8. Limitation of Liability

IN NO EVENT WILL SNAILRESPONDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (i) USE OF THE INFORMATION CONTAINED ON THE WEBSITE; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO FROM THE WEBSITE; OR (iii) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE WEBSITE, EVEN IF SnailResponder HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY ACTION IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST SnailResponder, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

9. Indemnification

You agree to defend, indemnify and hold SnailResponder harmless from and against any and all third party claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of the Website.

10. Links to Third Party Websites

Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by SnailResponder. SnailResponder has no control over these linked sites, is not responsible for the content of these sites, makes no representations or warranties with respect to these linked sites, and shall not be liable for any damages or injury arising from the contents of these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.

11. Intellectual Property Notice

Unless otherwise noted, the graphic images, buttons and text contained in the Website are the exclusive property of SnailResponder. All rights reserved. Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted or reproduced in any form without the express written permission of SnailResponder.

12. Submissions, Suggestions & Community Participation

In the event you elect to communicate to us suggestions for improvements to the Website or any of SnailResponder's services or properties (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to SnailResponder via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of SnailResponder. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect and maintain our rights to the Feedback and Communications.

13. Trademark Notice

SnailResponder and the SnailResponder logo are trademarks of SnailResponder.com. Other company, product, and service names mentioned in these documents may be trademarks and/or service marks of others.

SnailResponder Acceptable Use Policy

1. Our Policy

This Acceptable Use Policy describes actions that SnailResponder.com. ("SnailResponder") prohibits when you use its website and/or services (the "Services"). The terms "you," "your," and "yours" refer to the customer. The Acceptable Use Policy is governed by our Terms of Service. Our Terms of Service take precedence over any conflicting Acceptable Use Policy provision. BY USING THE SERVICES OR THE SnailResponder WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO THIS ACCEPTABLE USE POLICY PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES. SnailResponder may in its sole discretion determine whether you are in violation of this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or otherwise inappropriate manner that interferes with or diminishes others' use and enjoyment of the Services is prohibited. The following list gives examples of illegal, abusive, interfering, unacceptable or otherwise inappropriate behavior while using the Services. This list is provided by way of example and shall not be considered exhaustive.

  • Adversely impacting the availability, reliability or stability of SnailResponder's Services.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of SnailResponder's Services.
  • Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to SnailResponder, to any user of our Services, to any of our respective customers or to their customers.
  • Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities.
  • Using the Services in any manner that may subject SnailResponder or any third party to liability, damages or danger.
  • Using the Services in any manner that violates any applicable third party policies or requirements that SnailResponder has communicated to the customer.
  • Engaging in fraud with respect to your account.
  • Using your account to engage in fraudulent activity with respect to third parties.
  • Using any of the SnailResponder Properties or SnailResponder Marks other than as expressly permitted in the Terms of Service.
  • Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing or misappropriating the rights of any third party.
  • Promoting or engaging in illegal activities.
  • Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Harvesting or otherwise collecting information about others from SnailResponder's website without their express consent.
  • Interfering with or disrupting networks connected to the Services or violating the regulations, policies or procedures of such networks.
  • Using the Services, or a component of the Services, in a manner not authorized by SnailResponder.

2. Remedies

Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your account, civil and/or criminal liability, and SnailResponder may, in addition to any remedy that it may have at law or in equity, terminate permission for you to use the Services. In such event, you are still liable for any and all outstanding charges accumulated through your use of the Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, SnailResponder may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to SnailResponder stating that they have been harmed by your failure to abide by this Acceptable Use Policy. SnailResponder's failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of SnailResponder's rights hereunder.

3. Changes To The Acceptable Use Policy

We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to SnailResponder's website. When we do, we will also revise the "last update" date of the Acceptable Use Policy.

SnailResponder Privacy Policy

1. Our Policy

Your privacy is important, so SnailResponder.com, (“SnailResponder”) has created the following Privacy Policy to let you know what information we collect when you visit our website, why we collect it and how it is used. The terms “Company,” “we,” “us,” and “our” refer to SnailResponder. This Privacy Policy is governed by our Terms of Service. By using this website, you consent to the data practices described in this statement. We may periodically make changes to this Privacy Policy that we will include on this page. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.

2. What Information Is Collected?

“Personally identifiable information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number or other contact information, whether at work or at home. When you use our website or services SnailResponder may collect from you the following personally identifiable information: First and last name, city, state, zip code, email address, birthday and phone number. SnailResponder also automatically receives and records information on our server logs from your browser, including your IP address, cookie information and the page you request. You can choose not to provide us with certain information, but then you might not be able to take advantage of many of our features. SnailResponder may keep a cached copy of the content you serve us as a part of your use of the service for an indeterminate amount of time, including media files and XML files. To assist in development, we may keep copies of HTTP requests and responses in your notification log, available only to you. If your web server does not specify that we can cache your content, we will not keep a cached copy of any text or audio data transmitted through our service during calls, but we may still maintain copies in your notification log. If data privacy is a concern, make sure your server does not allow us to cache such content, and contact us so that we may turn off other application logging around requests to and responses from your application. We may keep notification log, billing/ payment and other log data for at least six months from the date of entry.

3. How Is Such Information Used?

SnailResponder uses the personally identifiable and other collected information in a manner that is consistent with this Privacy Policy. If you provide personally identifiable information for a certain reason, we may use the personally identifiable information in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the personally identifiable information you provide to answer your question or resolve your problem. Also, if you provide personally identifiable information in order to obtain access to the SnailResponder website or services, we will use such information to provide you with access to such services and to monitor your use of such services. Your personally identifiable information may be used to provide you with new product information and support services offered on the website, to notify you of technical updates or changes in policy, to improve the content and functionality of the SnailResponder website and services, to help us better understand our users and to deliver other services.

4. Is The Information Shared or Disclosed?

SnailResponder is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your personally identifiable information with certain third parties without further notice to you, as set forth below: Third Party Applications and Services: If you elect to use one or more third party applications that interoperate with SnailResponder’s services, those applications may upon your election be given access to data (which may include personally identifiable information) on SnailResponder’s systems generated in connection with your use of SnailResponder’s services. Please remember that SnailResponder is not responsible for the policies and practices of third party application providers, and SnailResponder shall have no liability arising from any action of any such provider as it concerns your data or information or otherwise. In connection with your use of any such third party applications, please review carefully the applicable privacy policies each such third party application provider to become familiar with their policies and practices as it concerns your data and information. Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personally identifiable information may be part of the transferred assets. You acknowledge that such transfers may occur, and that any acquirer or successor of SnailResponder may continue to use your information as set forth in this policy. Related Companies: We may also share your personally identifiable information with any entity that is affiliated with us for purposes consistent with this Privacy Policy. Agents, Consultants and Related Third Parties: SnailResponder, like many businesses, sometimes uses other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function. Legal Requirements and Other Circumstances: SnailResponder may disclose your personally identifiable information if required to do so by law or in the good faith belief that such action is necessary to: (i) Comply with a legal obligation; (ii) protect and defend the rights or property of SnailResponder; (iii) act in urgent circumstances to protect the personal safety of users of the SnailResponder website or services or the public; or (iv) protect against legal liability.

5. Access

In the event that you have volunteered personally identifiable information, you may correct or amend that information by editing your account profile or emailing us at support@SnailResponder.com

6. The Security of Your Information

We will take reasonable precautions to protect personally identifiable information in our possession from loss, misuse, unauthorized access, disclosure, alteration and destruction. We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or method of electronic storage is, however, 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.

7. Children

SnailResponder does not knowingly collect personally identifiable information from children under the age of 13. SnailResponder is not intended for or directed to persons under the age of 13. Any person who provides their information to SnailResponder represents to us that they are 13 years of age or older. If you have reason to believe that a child under the age of 13 has provided personally identifiable information to SnailResponder through this website, please contact us, and we will endeavor to delete that information from our databases.

8. Cookies

Cookies are small text files stored by your browser in your computer when you visit our website. Cookies permit us to recognize users and avoid repetitive requests for the same information. Most browsers will accept cookies until you change your browser settings to refuse them. This privacy statement covers the use of cookies by SnailResponder and does not cover the use of cookies by any other third party.

9. Forums and Comments

If you post comments on this website, you should be aware that any personally identifiable information you submit can be read, collected and used by other users of this website, and could be used to send you unsolicited messages. SnailResponder is not responsible for any personally identifiable information you choose to submit in that context or anything arising from such submissions.

10. Links to Other Sites

This website may contain links to other sites that are not owned or controlled by us. Please be aware that SnailResponder is not responsible for the privacy policies of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies only to information collected by this website.

11. Your Consent To This Privacy Policy

By using SnailResponder, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version. Our Terms of Service take precedence over any conflicting Privacy Policy provision. We may change this Privacy Policy by posting a new version of this Privacy Policy on this website which it is your responsibility to review. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personally identifiable information we collect. Your continued use of this website or SnailResponder’s services constitutes your agreement to this Privacy Policy and any updates.

12. Contacting SnailResponder

If you believe that SnailResponder has not adhered to this Privacy Policy, please contact us by email at support@snailresponder.com and we will use commercially reasonable efforts to remedy the problem.

14. Last Updated

December 23th, 2016