Terms and Conditions

Sprout Marketing, LLC. Terms and Conditions

Terms and Conditions (“Terms”)

Last updated: 3/8/17

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.SproutYour.com website (the “Service”) operated by Sprout Marketing, LLC. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If you cancel your services before the end of your contract term, you are still responsible for all fees associated with the remaining duration of the contract term. At the end of the contract term, your contract will automatically renew for additional contract term(s) of the same length until explicitly cancelled by you by providing at least 45 days notice prior to the end of the contract term.

Further information of our termination policies can be found at https://www.sproutyour.com/billing-information/.

Privacy

Information about our privacy policy can be found on our website at https://www.sproutyour.com/shop/privacy-policy/.

Your Conduct

You agree to and represent to us all of the following:

  • You are responsible for all activity occurring under your account.
  • You will not share your password or let anyone else access your account except for your designated staff, or do anything that might jeopardize the security of your account.
  • You are the practitioner identified in the account or are expressly authorized to act on behalf of the practitioner identified in the account.
  • You are using your actual identity and you have only provided true, accurate, complete information about yourself and will update any information as needed in a timely manner.
  • You verify that your country of residence is the same as your billing address.
  • You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity.
  • You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any user to access the Services.
  • You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device via manual control at all times.
  • You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
  • You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by the Company.
  • You will not attempt to or actually override any security component included in or underlying the Materials or Services.
  • You will not attempt to or actually engage in any action that directly or indirectly interferes with the proper working of the Company’s infrastructure, including placing an unreasonable load on the infrastructure.

You represent and warrant that any Content submitted by you or your practice or transmitted by or on behalf of you will not contain any of the following:

  • Material that is false, factually inaccurate or misleading;
  • Material that is defamatory, libelous, deceptive or fraudulent;
  • Material that discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age or disability;
  • Material that violates any U.S. or foreign law or regulation, including without limitation any law or regulation governing advertising or testimonial;
  • Material that would cause us, to the extent that we use the Content as permitted under this Agreement, to violate any U.S. or foreign law or regulation;
  • Material that violates any person’s privacy right, including any such rights a person might have under HIPAA (as defined below);
  • Material that violates any rights under CAN-SPAM, CASL or any other spam law;
  • Material that infringes or violates any person’s copyright, trademark or other intellectual property right;
  • Material that is obscene or derogatory or contains any adult-oriented content, like sexual material;
  • Material that promotes violence, firearms, ammunition or weapons designed to inflict serious bodily harm;
  • Material that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  • Material that may create a risk of any other loss or damage to any person or property;
  • Material that may constitute or contribute to a crime or tort;

We may determine, in our sole discretion, whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If we determine that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.

Electronic Communication

Use of the Internet and electronic communication tools are solely at your own risk and are subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create secure and reliable Services, please be advised that the confidentiality of any communication or material transmitted to us over the Internet, including email, cannot be assured. You acknowledge that no method of transmission over the Internet, or method of electronic storage, including email, is 100% secure.

Errors and Access to Site

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING ANY ELECTRONIC PERSONAL HEALTH INFORMATION. WE WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES OR YOUR BREACH OF PERSONAL HEALTH INFORMATION. YOU FURTHER UNDERSTAND THAT WE MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.

Information Access

Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts, you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords. In addition, for certain Services, you grant us permission to create and submit content on your behalf to press release news outlets, directories, search engines, social media outlasts, and other destinations.

Links To Other Web Sites

Our Service may contain links to third­-party web sites or services that are not owned or controlled by Sprout Marketing, LLC.

Sprout Marketing, LLC. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Sprout Marketing, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-­party web sites or services that you visit.

Fees

The fees for each Service are specified in each invoice when you order a Service. You will be charged for the Services on a monthly basis, unless otherwise indicated on the contract in writing. All fees and charges are nonrefundable. If you choose to cancel your Services, you are still responsible for all fees associated with the remaining duration of your order unless otherwise agreed upon in writing on the contract.

Depending on the Services purchased, you agree to pay for the Services either via credit or debit card, ACH or within thirty (30) days of receipt of invoice. If you are paying by credit or debit card, you expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees. If your card expires or we cannot collect the fees for any reason, you have 30 days to provide a new valid credit or debit card for us to charge. If you do not provide new card information within 30 days, we will suspend the Services and will only reinstate them once you pay us what you owe plus interest which will accrue at a rate of 1.5% per month.

We may change fees at any time by providing you 30 days’ notice by email or through your Service portal. Your continued use of the Services after the fee change is your consent to the change.

You are allowed space and a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the amount until you upgrade to a higher level package, terminate the account or charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over the next month.

Governing Law

These Terms shall be governed and construed in accordance with the laws of The United States of America, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us. 772-919-2191.