Any Presentations LLC Terms and Conditions

Important-Please read carefully. This is a legal agreement between you as a user of our site ("User") and Any Presentations, an Oregon Limited Liability Company. By registering as a user of Any Presentations LLC, you agree to follow and be bound by the terms and conditions. If you check the "I agree" box you indicate your agreement and intention to be bound to the terms and condition set forth below. The use of the web site (the "Web Site") is subject to the terms and conditions stated herein. This site may not be used for sending unsolicited e-mail (sometimes called “spam”). See our Anti-Spam Policy. The e-Newsletter, and any related offerings are referred to in these Terms and Conditions as the "Services"). By logging in to your Any Presentations account or by accessing the Any Presentations services via any API interface, you accept these Terms and Conditions. These guidelines will help ensure that Any Presentations maintains its reputation and white-listing status with a number of major ISPs and white listing programs. If at any time your campaign is flagged as SPAM, Any Presentations reserves the right to cancel your account without notice.

1. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services. In addition, when using particular Any Presentations LLC services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time.

1. Ownership of Copyrights/Usage Restrictions
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Any Presentations LLC or its licensors. United States' and worldwide copyright laws and treaty provisions protect the entire contents of this Web Site. In accordance with these terms, except as stated above, you and other Web Site users may not:

         a) Copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way material from the Web Site without Any Presentations' or its licensors express written permission;
         b) Copy, modify or display trademarks, names or logos appearing on this Web Site in any way without Any Presentations' or its licensors express written permission; or
         c) Redeliver any of the pages, text, images or other content of this Web Site using "framing" technology without Any Presentations' and its licensors express written permission.

2. Software
If a user downloads software from this Web Site, the software, including all files, images contained in or generated by the software, and accompanying data (together, the "Software") is deemed to be licensed to the user by Any Presentations LLC. Neither title nor intellectual property rights are transferred to users, but remain with Any Presentations LLC, who owns full and complete title. Users may not, nor allow any third party to, lend, transfer, modify, resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

3. Warranty Disclaimer
The factual information contained in this Web Site is obtained from sources believed to be reliable and accurate. Any Presentations LLC makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or Any Presentations LLC. All factual and other information, including any opinions, accessible through the Web Site are provided on an "AS IS, AS AVAILABLE" basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. Any Presentations LLC is not responsible in any way for any loss that results from the use of the factual information, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory or incidental damage. No advice or information, whether oral or written, obtained by you from Any Presentations LLC or through or from this Web Site shall create any warranty.

4. Limitation of Liability
Users expressly understand and agree that Any Presentations LLC will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Any Presentations LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data; (iii) loss of data or information; or (iv) any other matter relating to the Web Site. You further recognize that Any Presentations is a limited liability company.

5. Linkage/Advertising
Users may, through hypertext or other computer links, gain access to third parties sites on the World Wide Web, which are not related to or maintained by Any Presentations LLC. Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and Any Presentations LLC takes no responsibility for the content therein, regardless of whether the link is provided by Any Presentations LLC or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any web site to which the Web Site may link, including information on such other web site regarding Any Presentations LLC. By providing access to other web sites, Any Presentations LLC is not endorsing the products and services provided by any web site's sponsoring organization. Other web sites may include one or more links to this Web Site. Linking to other content within the Web Site is allowed. This limited license expressly prohibits the framing of Any Presentations LLC in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Your correspondence or business dealings with, or participation in promotions of, any advertisers found through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

6. Confidentiality Policy
To the extent a password is provided to you for access to a portion of the Web Site, you agree to keep your password confidential and to notify Any Presentations LLC promptly if such password is lost or stolen or if you become aware of unauthorized use of such password. You acknowledge that you are fully responsible for all activities that occur under your password.

7. Representations and Acknowledgments
All Any Presentations LLC customers must follow the rules of the federal CAN-SPAM act and Any Presentations LLC Anti-Spam policy when sending e-mail through the service. Accordingly, we require the following of e-mail messages sent through the Any Presentations LLC system subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:

• The Services may not be used for the sending of unsolicited email (sometimes called "spam").
• The Services may only be used for lawful purposes.
• The Email Marketing Services will be subject to monthly subscription fees. The Email Marketing Services may also be subject to per message and overage charges.
• You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Services. Mere agreement of a person or entity to participate in a survey is not consent to receive correspondence from you. For respondents to your surveys, consent to receive other correspondence is evidenced by the respondent opting into the "Join My Mailing List" link in the course of responding to your survey. You hereby covenant that you shall not use any other lists in connection with your use of the Services.
• You acknowledge and agree that not all email messages sent through use of the Services will be received by their intended recipients.
• Every email message sent by you in connection with the Services must contain the Any Presentations LLC "unsubscribe" link that allows the recipient to remove themselves from your mailing list.
• You will comply with the restrictions on content of email messages and activities using the Services as set forth or referenced in this Agreement.
• You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Services.
• You agree that the "from" line of any email message sent by you using the Services will accurately and in a non-deceptive manner identify your organization, your Services or your service.
• You agree that the "subject" line of any email message sent by you using the Services will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
• You agree to include in any email message sent by you using the Services your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
• You agree that in any email message sent by you using the Services you will not include any incentives (e.g., coupons, discounts, awards) that encourage a recipient to forward the email message to another recipient.
• You will adopt and maintain the Privacy Policy, which may be modified by Any Presentations LLC from time to time.
• If you are accessing or using the Services through a third party service or web site ("Third Party Service"), you will abide by these Terms and Conditions regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions.

8. Submissions
While we value your feedback on our Web Site and services, we request that you be specific in your comments on those services and, not submit any ideas, suggestions, materials, concepts or other information (collectively referred to herein as "Non-Solicited Information"). If, despite our request, you send us any such Non-Solicited Information, all such Non-Solicited Information shall be deemed, and shall remain, the property of Any Presentations LLC and none of the Non-Solicited Information shall be subject to any obligation of confidence on our part and we shall not be liable for disclosure of any Information and shall have unrestricted use of such Information for any purpose whatsoever, commercial or otherwise, without compensation or liability to you or other provider of the Information.

9. Operation of the Web Site
Any Presentations LLC will use reasonable commercial efforts to keep this Web Site available for access on a 24 hours a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Any Presentations LLC does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components. You agree that Any Presentations LLC is not liable for any loss or distortion of information or data that may occur as a result of computer, server, or website malfunction.

10. Payment Terms
By checking the "I agree to the terms and conditions" you are indicating your agreement to pay Any Presentations LLC the monthly fees incurred by your account. You are required to enter your credit card number or other payment method into the system and Any Presentations LLC will debit your payment method with the monthly charges incurred. If you do not pay within sixty (60) days of your bill, you acknowledge that Any Presentations LLC will bill you, and you will pay, a $25 late fee. Further, you acknowledge that Any Presentations LLC will subcontract with a collections agency to ensure payment of your bill. You acknowledge that any further refusal to pay will be reflected on your credit report and result in a lowered credit score. Finally, you agree that a $200 fee will be levied on your account if your credit card proves invalid or your credit card company otherwise fails to cover the charges on your account.

This is a month-to-month agreement. Any Presentations LLC may terminate your account at the end of each month by giving you written notice in the form of an email. In order to cancel your account, you agree to provide written notification in the form of an email to Any Presentations LLC with specific instructions to cancel your account at least ten (10) days before the end of the billing cycle. You agree that failure to provide timely notification to Any Presentations LLC will result in the continuation of your account for an additional month.

You agree that, as long as the account remains active, Any Presentations LLC will bill your account for service rendered, your email cancellation will render your account inactive and no further charges will be assessed to your account.

11. Email, Permission Practices, Image Hosting & Prohibited Content
11.1 Subscriber Opt Out.
Every email message sent in connection with the Services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Any Presentations LLC. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your Any Presentations LLC 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.

11.2 Permission Practices.
You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Services. You hereby covenant that you shall not use any other lists in connection with your use of the Services. If you have used the Any Presentations LLC 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 the Services to send any commercial electronic mail message (as that term is 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 distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a Any Presentations LLC template or any other features or functionality from the Services and use them for any purpose other than sending email messages from the Services. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. Any Presentations LLC, 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. Any Presentations LLC will terminate your use of its Services if Any Presentations LLC determines that your level of spam complaints is higher than industry norms.

11.3 Footers.
For every email message sent in connection with the Services, you acknowledge and agree that Any Presentations LLC may add an identifying footer stating "Email Marketing by Any Presentations LLC," "Powered by Any Presentations LLC" or a similar message.

11.4 Images.
Images hosted by Any Presentations LLC on Any Presentations LLC controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by Any Presentations LLC, Any Presentations LLC hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.

11.5 Prohibited Content.
Any Presentations LLC prohibits the use of the Services or web site by any person or entity that:

• Provides, sells or offers to sell any of the following Services or content (or services related to the same): pornography or illicitly pornographic sexual Services, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
• Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
• Provides, sells or offers Services, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being Services, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
• 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.
• 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 Services or services that are unlawful in the location at which the content is posted or received.
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
• Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
• Engages in any libelous, defamatory, scandalous, threatening, 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.
• Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

12. Termination
The licenses granted to you under this Agreement shall terminate automatically without notice immediately upon the breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf, including the failure to make any required payments on a timely basis. In the event that you breach any of the terms of this Agreement Any Presentations LLC, may suspend your access to the Web Site, or (b) terminate this Agreement, or (c) both (a) and (b). Further, Any Presentations LLC reserves the right to terminate any and all services provided to Users in order to maintain or improve the services, prevent fraud, or for any reason determined by Any Presentations LLC at its sole discretion. Any Presentations LLC may restrict, suspend, terminate or modify User's service with or without notice.

13. Indemnification
Users shall indemnify and hold harmless AnyPresentation LLC, its directors, officers, employees, and agents from and against all liabilities, losses, costs, expenses, (including attorneys' fees) and damages resulting from any negligent acts, omissions, or willful misconduct by User, User's use of Any Presentations' Services, and/or any breach of the terms and conditions of this Agreement by User.

14. Web Site Security
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Any Presentations LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

15. Enforcement of Terms and Conditions
Any Presentations LLC makes no representation that content provided is applicable or appropriate for use in all locations. These terms and conditions are governed and interpreted pursuant to the laws of the State of Oregon, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in the State and District of Oregon. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. By clicking the Accept button, you consent to personal jurisdiction in the State of Oregon, for any action that Any Presentation brings based on events arising out of this contract.

16. Amendments and Modifications
Any Presentations LLC reserves the right to amend the information, services, and/or content of this Web Site, including that related to career opportunities and benefits, at any time without prior notice. The information and materials contained in this Web Site, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. These terms can be accessed from the link at the bottom of our Web Site pages. If you use this Web Site after we post changes to the terms, you accept the changed terms. Any Presentations LLC expressly reserves the right to monitor any and all use of this Web Site.

17. Promotional Usage
All customers agree that Any Presentations LLC may use any part of any of its work product which has been generated in tandem with the customer, including but not limited to pictures, logos, business labels, formatting methods, text, and sections of newsletters, whether or not submitted by the customer, in its promotional materials. All customers acknowledge that they will not receive notification when Any Presentations LLC decides to use a portion of its product, generated in tandem with the customers, in these promotional materials. All customers further acknowledge that these promotional materials may take the form of both physical print and electronic advertising and may happen at any time. Finally, Any Presentations LLC agrees to use its best efforts in filtering out any possible confidential or private information before incorporating this work product into its promotional materials.