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Terms & Conditions

These Terms and Conditions apply to all services offered by Channeled Inc. and its related companies; the Channeled Inc. network of websites, including the website located at www.Channeled.net (including any versions optimized for viewing on a wireless or tablet device); all e-mail newsletters published or distributed by; and all other interactive features and communications provided by Channeled Inc., however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Channeled Inc. (collectively “Channeled” or “we”, “us”, or “our”) (“Site” or “site”). If you visit and log in to our website, you accept these Terms and Conditions, so please read them carefully. In addition, when you use any current or future Channeled Inc. services, or visit or purchase from any business affiliated with us, or linked through www.Channeled.com, you will also be subject to these Terms and Conditions

BY USING OUR WEBSITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITION, PLEASE DO NOT USE THE SITE/S AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES OR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS AND CONDITIONS WILL APPLY RETROACTIVELY.

For certain of our Services, you may also be required to execute a subscription agreement.

This is a legal agreement between you ("you" or "user") and Channeled Inc. that states the material Terms and Conditions that govern your use of the Sites and our Services. This agreement, together with all updates, supplements, additional terms, and all of Channeled Inc.’s rules and policies collectively constitute this "Agreement" between you and Channeled Inc.

BY ACCESSING THE SITES AND/OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE AND CONDITIONS STATED HEREIN, PLEASE DO NOT USE THESE SITES OR SERVICES.

Privacy Policy

Channeled Inc. uses commercially reasonable efforts to keep all customer information, such as name, email, address, phone number, account details, etc., confidential.

Channeled Inc. will not purposefully divulge the names, addresses, phone numbers, or email addresses of our clients, subscribers, or any individual who emails Channeled Inc. or accesses this site without their express permission to do so, except as required by federal, state, or municipal law, or in the event of a change in control of Channeled Inc.. However, you acknowledge that Channeled Inc. does not warrant or guarantee that personal information will not be intercepted by third parties. Channeled Inc. disclaims any liability for interception of any data or electronic communications.

Electronic Communication

By accessing the site or sending an email to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Channeled Inc. website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Channeled Inc., or our content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Channeled Inc. and protected by United States and international copyright laws. All software used on this site is the property of Channeled Inc. or its software suppliers and protected by United States and international copyright laws. Except for the license granted below, any use of the materials on this site, including any commercial use, reproduction, modification, distribution, republication, display or performance, without the prior written permission of Channeled Inc. is strictly prohibited.

Trademarks

Channeled Inc., and other marks indicated on our site are trademarks of Channeled Inc. and may not be used, copied or imitated, in whole or in part, without express written consent from Channeled Inc.. Other Channeled Inc. graphics, logos, page headers, button icons, scripts, and service names are also trademarks or trade dress of Channeled Inc. and may not be used, copied or imitated, in whole or in part, without express written consent from Channeled Inc.. All other trademarks not owned by Channeled Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Channeled Inc. or its affiliates.

License and Site Access

Channeled Inc. grants you a limited, nonexclusive, nontransferable license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Channeled Inc.. This license does not include or allow any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Channeled Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Channeled Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Channeled Inc.’s domain name or trademarks without the express written consent of Channeled Inc.. Any unauthorized use terminates the permission or license granted by Channeled Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Channeled Inc. homepage so long as the link does not portray Channeled Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

You may not use any robot, spider, other automatic device or process to access or monitor the Site or Services.

We may suspend your access to all or part of the Site or Services, without notice, if you violate these Terms and Conditions (including without limitation any of the foregoing restrictions), or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Channeled Inc., any other Channeled Inc. user, or any third party.

Your Data

You are the owner of all data that you provide through the Channeled Inc. website. You agree to be solely responsible for correcting data input errors.

Upon termination of these Terms of Use, all your data retained by Channeled Inc. shall be made available to you for a period of sixty (60) days after termination. Thereafter, all your data will be retained by Channeled Inc. and shall be made available to you in the event that you subscribe for additional services through Channeled Inc.

Notwithstanding the foregoing, you acknowledge and agree that Channeled Inc. may make backup copies of your data, and may store and maintain your data for such periods of time as it deems necessary. Subject to these Terms of Use, you grant Channeled Inc. a limited, non-exclusive, non-transferable license to copy, store, record, transmit, display, view, print and otherwise use your data to the extent necessary to perform its obligations as provided herein. This license shall survive termination of these Terms of Use.

Software Updates

Channeled Inc. reserves the right to, but shall not be obligated to correct, enhance, upgrade and modify the site without your consent.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Channeled Inc. website only with involvement of a parent or guardian. Channeled Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Information Monitoring

To the maximum extent permitted by law, Channeled Inc. reserves the right to monitor your use of the site and to disclose any information Channeled Inc. in good faith believes is necessary for ensuring your compliance with these Terms of Use and protecting the rights, property and interests of Channeled Inc..

Onboarding

Channeled Inc. will provide you with a Consultant who will design an Onboarding plan and provide Onboarding services specific to your needs. The Consultant will provide you with the Onboarding services described in the Onboarding plan beginning upon registration. In addition to the recurring service charges described below, each new or returning client will be charged an Onboarding fee upon registration for the services and prior to creation of the Onboarding plan. The Onboarding fee will not be refunded for any reason.

Pricing

Specific pricing terms (amount, type of currency, mode of billing, frequency of billing, etc) for each customer of Channeled Inc.’s services shall be detailed in a Customer Term Sheet  provided to the customer. The Customer Term Sheet taken together with these Terms and Conditions will govern the relationship between Channeled Inc. and the customer (“you” or the “user”).

Monthly Pricing/Billing

Monthly service charges shall be billed monthly and are subject to change at any time. All monthly service charges shall be determined by Channeled Inc. in its sole discretion. You acknowledge that you will be automatically billed on each monthly anniversary of your initial purchase. You may elect to terminate the monthly billing cycle at the end of any month by providing Channeled Inc. with no less than 30 days prior written notice of your intent to terminate by emailing Customer Support at support@Channeled.net.

Refund Policy

All fees paid by customer are non-refundable.

Other Businesses

Parties other than Channeled Inc. and its subsidiaries may provide services on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Channeled Inc. does not assume any responsibility or liability for the actions, product, and/or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Channeled Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. Channeled Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Channeled Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Channeled Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THE Channeled Inc. WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Channeled Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED HEREIN, Channeled Inc.’s CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID TO Channeled Inc. WITHIN THE PREVIOUS TWELVE (12) MONTHS IN THE AGGREGATE FOR ALL OCCURRENCES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.

Release of Liability

In no event shall Channeled Inc., its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) errors, mistakes, or inaccuracies caused by your, or any third party’s hardware, software, programs, servers, or any other equipment, (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iv) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (v) any interruption or cessation of transmission to or from our services (vi) any bugs, viruses, Trojan Horses, or the like, which may be transmitted to or through our services by any third party, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction.

Indemnification

You shall defend, indemnify and hold harmless Channeled Inc. and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or taxes or the collection, payment or failure to collect or pay taxes. For purposes of this Agreement, a "claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "seller taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Channeled Inc. website, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

Applicable Law

By visiting the Channeled Inc. website or using any of our Services, you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Channeled Inc. or its affiliates.

Disputes

Attorney's Fees
The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees, attorneys' fees, and arbitration fees incurred by the prevailing party in resolving such dispute.

Any dispute relating in any way to your visit to Channeled Inc. or to products you purchase through Channeled Inc.’s website shall be submitted to confidential arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate Channeled Inc.'s intellectual property rights, Channeled Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association of Boston. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to Channeled Inc. and are hereby incorporated into this Agreement.

Termination

Notwithstanding any of these Terms of Use, Channeled Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent future access to any use of this website.

You may terminate this service at any time by giving prior written notice to us. The termination shall be effective as of the last day of the month in which written notice was given. Upon termination, you must pay us whatever fees were incurred prior to the effective date of the termination.

Notices

All notices will be sent by email or will be posted on the Channeled Inc. website. We may also send notices to you at the email address maintained in Channeled Inc.'s records. You agree to monitor your email messages frequently to ensure awareness of any notices sent by Channeled Inc.. You may send notices to us at the following address: matt@channeled.net. Email notices are deemed written notices for all purposes for which written notices may be required. Email notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.

Binding Effect

The provisions of this Agreement shall be binding and inure to the benefit of the heirs, personal representatives, successors and, to the extent permitted by this Agreement, assigns of the parties.

Entire Agreement

This Agreement (including the documents and instruments referred to in this Agreement) attached hereto and by this reference made a part hereof, constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

Headings

The headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement.

Severability

If any provision of this Agreement is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected hereby; and such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.

Waiver

No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 

 

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