Thanks for using www.senderindex.com (“Sender Index” or “Site”)! Sender Index is provided by Return Path, Inc. (“Return Path” or “we”), located at 3 Park Avenue 41st Floor, New York, NY 10016, United States. By using this Site, you are agreeing to these Sender Index Terms of Service (“Terms”). Please read them carefully.
- User. You may use the Site only in compliance with these Terms and all applicable laws. By using this Site you are entering a binding agreement with Return Path, Inc. to use the Site in accordance with these Terms. Anyone under the age of 13 is prohibited from using the Site. If you use the Site on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms, on the entity’s behalf. Any information you provide us in connection with your use of the Site must be accurate and complete.
- Content. The Site might display, contain, link to or make available content from a variety of sources including links, images, posts, campaigns, or creations that are not under our control (“Content”) and such Content may be incomplete or inaccurate, or offensive or objectionable to you. We are not responsible or liable for, and we don’t endorse, any Content.
- Third Party Links If you access any third party website, service, or content from the Site, you do so at your own risk and Return Path will have no liability arising from your use of or access to any third-party website, service, or content.
- Intellectual Property. Return Path respects the intellectual property rights of others. All Content is the property of its copyright owner(s) or other rightsholder(s). Except as expressly provided in these Terms, use of the Site does not grant, waive, or limit any ownership rights of such owner(s) or rightsholder(s). You agree that you will not use the Site or any Content to violate any law or infringe the intellectual property rights of any party. No right, title or interest in any of the materials or data contained on this Site, including the Content, is transferred to you as a result of your use of the Site or any content contained on the Site. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site, create derivative works from, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Return Path.
Any claims of infringement may be reported to the following email address: email@example.com. If you believe that your intellectual property, including copyright or trademark, has been used, copied or displayed in a way that constitutes an infringement of rights, please contact us with “Rights Infringement” in the subject line and provide us with the following information:
- A physical or electronic signature of the intellectual property right owner or a person authorized to act on their behalf;
- Identification of the intellectual property right (e.g. copyright or trademark) claimed to have been infringed;
- Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your name, address, telephone number, and an email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the intellectual property right owner.
We reserve the right to remove any content or disable or terminate the Site or any functionality therein. We also reserve the right to block any user who repeatedly infringes or are repeatedly charged with infringing copyrights or other intellectual property rights.
- Acceptable Use Policy. You agree to use the Site only for personal marketing use, and you will not resell, repurpose, or otherwise integrate data or content from the Site into another computer program, software, marketing material, or other medium for commercial purposes. You must comply with all applicable laws, rules and regulations in relation to your access to and use of the Site, including local laws regarding online conduct, privacy, and the exportation of Content from the jurisdiction where you reside.
You further agree not to use the Site or any services provided by Return Path, or permit or encourage others, to do any of the following things:
- create a site that functions substantially like the Site and offer it for use by third parties;
- perform an action with the intent of introducing to the Site or any Return Path products or services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature;
- defame, abuse, harass, stalk or threaten others;
- interfere with or disrupt the Site or the servers or networks providing the Site;
- reverse engineer or attempt to extract the source code from the Site, except to the extent that this restriction is expressly prohibited by applicable law;
- use the Site in a way that creates a risk of harm, injury, emotional distress, death, disability, or physical or mental illness to any person or entity;
- use the Site in a way that infringes on the trademarks, copyright, or intellectual property rights of Return Path, or any other person or entity;
- send any unsolicited or unauthorized spam, spam comments on posts, advertising messages, promotional materials, email, junk mail, or other form of solicitation;
- use the Site for any commercial purpose or the benefit of any third party, except as explicitly permitted by these Terms; or
- violate the law in any way, or violate the privacy rights of others.
- Monitoring. Return Path may monitor your use of the Site and collect information related to such use solely in order to: (i) ensure quality and performance of Return Path and Sender Index services and/or make improvements thereto; and (ii) verify your compliance with the Terms.
- Feedback. If you provide feedback or suggestions to us about the Site or anything else, we may use such information without any restriction or obligation to you.
- Cooperation. Upon request, you agree to provide all information and/or cooperation reasonably requested by Return Path in order for Return Path to determine in its sole discretion that your use of the Site is in accordance with these Terms.
- Termination. Return Path may terminate or suspend the license to use the Site, or any function within the Site, at any time, with or without cause or notice. In the event of termination, Sections 5 (Intellectual Property), 11 (indemnification) , 12 (Disclaimer), 13 (Limitation of Liability), 14 (Governing Law and Jurisdiction) and 15 (Statute of Limitations) will continue to apply to you.
- Indemnification. You agree to indemnify, defend and hold harmless Return Path, its officers, directors, employees, owners, shareholders, legal representatives, agents, successors and assigns, from and against any claims, proceedings, lawsuits, demands, damages, liabilities, fines, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on your access to or use of the Site or breach of these Terms.
- Disclaimer. The Site and all Content are provided on an “as is” basis without warranty of any kind, whether express or implied. RETURN PATH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RETURN PATH SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; OR (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. IN NO EVENT SHALL RETURN PATH’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
- Governing Law and Jurisdiction. These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in New York or a United States District Court located in New York, New York.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of your use of the Site or these Terms must be filed within one (1) year after such claim arose.
- Notification of Changes. Return Path reserves the right to change these Terms from time to time in its sole discretion. Your continued use of the Site indicates your consent to any changes that are made to these Terms and the Terms as posted.