Terms of Service
You agree to use your account in a manner that is consistent with all applicable laws and regulations and in accordance with the Terms of Service (TOS) discussed herein. This Agreement is between 1400degrees Inc (“the service provider”, “us”, “we”, or “our”) and all its’ subscribers & users (“the client”“you”, “your”, “user” or “subscriber”).
This Agreement becomes effective on the ‘Effective Date” – the date the order is submitted.
Conditions of Use
We reserve the right to update and change the Terms of Service (TOS) at any time and without notice. Continued use of the FBP constitutes your consent to such changes. All new products, services and features are subject to this TOS agreement. Your account will be terminated if you are found to be in any violation of any of the terms.
1 – You must be a human of at least 13 years of age, and provide any legal information that we ask for when creating your account. Accounts cannot be created without doing this. You must give accurate information. Accounts registered by any ‘non human’ entity, a bot or any other automated methods are not permitted
2 – Sharing a login is not permitted – one user license is required for each user of the platform.
3 – You are responsible for maintaining the security of your account. We will not be held liable for any loss or damage that occur as a result of your failure of keeping your data secure. You are responsible for all activities and content that occurs from anyone using your account.
5 – ANY use the Service for any illegal, unethical or unauthorized purpose (including but not limited to copyright laws, trade secret law, or other laws protecting intellectual property, transmission of any worms or viruses or any code of a destructive nature) is expressly forbidden and we reserve the right on a case by case basis to inform proper law enforcement agencies. Use our platform only in a manner that is ethical and in conformity with community standards
6 – We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, threatening, libelous, defamatory, pornographic, obscene/offensive or otherwise objectionable or violates any party’s intellectual property. You may not post sexual graphic content on our platform. We cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials.
7 – Accounts are private and will be respected. No attempt shall ever be made to deliberately enter or alter anyone else’s account.
8 – This agreement is ‘at-will’, meaning that you can cancel your account at any time and so can we (which we exercise typically only in the case of violations of our GDPR/Spam rules, but which we reserve for any reason whatsoever). There will be no refund of the additional unused months recurring payment.
9 – We make no warranties to our users of any kind, expressed or implied with respect to the service we, our subcontractors, partners and affiliates provide you. We disclaim any implied warranty of merchantability or fitness of our platform for a particular purpose. And when we speak of future functionality prior to its availablity, it is understood that every effort will be made to bring that functionality into the product in a timely manner. Should the company strategy change or due to other forces and we no longer feel the functionality will be available in a timely manner, we will remove the information from our marketing.
10 – We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information. We will take all reasonable precautions to ensure your database is secure and protected. Further, you understand that we are under no obligation to export, extract, retrieve or “massage” the client’s database.
Fee Agreement
This Agreement shall begin on the date the service is ordered and renews automatically under the same terms of service. The service fee is automatically debited from the client’s credit card (a valid card is required for all accounts) at the beginning of each service period, and until you cancel your account, the monthly service payments will not require any additional authorization. Services are non-refundable unless the pricing terms for the applicable service expressly states otherwise. We reserve the right to suspend or terminate use of the your account if you fail to comply with fee agreement.
1 – All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding United States (federal or state) taxes.
2 – All fees will we collected in United States dollars regardless of your country of origin’s currency exchange rate.
3 – For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle.
4 – Downgrading your service may cause the loss of the content, features or capacity of your account. We do not accept any liability for such loss.
5 – We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Should this occur, no changes, refunds or credits will be made to your service plan.
6 – Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
7 – Any billing problems or discrepancies must be brought to our attention within thirty (30) days from the date the client is billed. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.
Terminations
You are solely responsible for properly cancelling your account. We do not take cancellation requests via email, over the phone or chat. All accounts must be cancelled by the primary account holder through their account.
1 – All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
2 – If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
3- We reserve the right to refuse service to anyone for any reason at any time.
Anti-Spam Policy
We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists are required to be 100% opt-in lists . Any client account that is connected to a report of or caught violating these policies, will be immediately terminated.
1 – You will abide with the U.S. CAN-SPAM act of 2003 and standards set by the email industry, which state: If it’s unsolicited, it’s spam.
2 – You are only permitted to send email to contacts that have specifically requested to receive content from you.
3 – You may not send campaign emails to addresses that you rented, purchased, or “scraped”. You may add them as ‘Not Opted In’ and send an email from your personal account (integrated into FBP) and ask them to opt in. You can place a link to a landing page that will allow them to opt in. Our platform will not send emails from campaigns to anyone that is not opted in to that campaign type. Subscribers have the ability to opt in and out to specific types of campaigns.
4 – No refunds or pending commissions will be provided to anyone who’s account is terminated for violating this policy.
Please report a complaint or violation of this policy to our Abuse Desk.
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Location
4660 NE Belknap Court
Suite 101
Hillsboro OR 97124
(503) 506-5046