Terms and Conditions of Use
WHEREAS, Ready To Go Copy has developed or has rights to, or will develop or have rights to certain Proprietary Information (defined below in Section 2) that has use and application in the field of business development and growth including and especially the pre-written marketing campaigns and all contents therein; and
WHEREAS, You desire to utilize Proprietary Information including the pre-written marketing campaigns and all contents therein; and
WHEREAS, You acknowledge intention to utilize Proprietary Information and access the pre-written marketing campaigns with the sole purpose to develop and grow your business subject to the restrictions contained in this Agreement.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Agreement by Signature or Use. Whether by signature (electronic or otherwise) or purchase of any pre-written marketing campaign, you accept this Agreement in full. If you disagree with any part of the Agreement, you must not sign your Agreement, make a purchase, or use the pre-written marketing campaigns.
2. Proprietary Information
a) “Proprietary Information” means any and all intellectual property maintained by Ready To Go Copy including, but not limited to, all content, images, logos, icons, names, trademarks, copyrights, patents, user interfaces, algorithms, and data related to and including Ready To Go Copy’s service or products which includes the pre-written marketing campaigns and all contents therein. You acknowledge and agree that Ready To Go Copy has developed and obtained through great efforts all of its Proprietary Information and regards all such information as trade secrets. This Agreement shall be evidence that Proprietary Information is the “subject of efforts that are reasonable under the circumstances to maintain its secrecy” under A.R.S. § 44-401. As well, the protection afforded Ready To Go Copy through means of statutory or common law trademark, patent, or copyright protection shall have efficacy to the fullest extent of law.
b) Only You are authorized to access Ready To Go Copy’s Proprietary Information. You agree not to: (1) reverse engineer the Proprietary Information; (2) make derivative works based on the Proprietary Information to be used in competition with Ready To Go Copy; or (3) sell, license, or otherwise transfer the Proprietary Information to a third party. Ready To Go Copy retains all ownership and rights to Proprietary Information.
3. Term. This Agreement shall remain in effect indefinitely and begin from the Effective Date or Date of Purchase. If Proprietary Information was previously disclosed, this Agreement shall take retroactive effect from the date of first disclosure.
4. Your Rights. Ready To Go Copy claims no ownership or control over any User data submitted in relation to use of Ready To Go’s Proprietary Information.
5. LIMITATIONS OF LIABILITY. You expressly understand and agree that Ready To Go Copy shall not be liable to you for any direct or indirect damages including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of Ready To Go Copy’s knowledge of the possibility of such damages, resulting from: (1) the use or the inability to use Ready To Go Copy’s products or services; (2) the cost of procurement of substitute goods and services resulting from use of Ready To Go Copy’s products or services; (3) unauthorized access to or alteration of User data; (4) statements or conduct of any third party regarding Ready To Go Copy’s products or services; or (5) any other matter relating to Ready To Go Copy’s products or services. Notwithstanding anything to the contrary contained herein, Ready To Go Copy’s liability to you for any cause whatsoever and regardless of the form of the action, shall at all times be limited to the amount paid, if any, by you to Success Engine.
6. Severability. The failure of Ready to Go Copy to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall remain fully enforceable.
7. Choice of Law. User hereby consents to the exclusive jurisdiction of the state and federal courts sitting in Arizona in any action on a claim arising out of, under, or in connection with this Agreement.
8. Complete Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between the parties, with respect to the subject matter hereof. This Agreement can only be modified by a written amendment signed by both parties.