Terms and Policies.
SUBSCRIBER'S OBLIGATIONS TO COMPLY WITH NON-US LAW
Pursuant to the Agreement to Terms and Conditions of Use ("Terms of Use") between You and Flipside Prodigy, Inc. d/b/a Agency Access ("Agency Access"), Your relationship with Agency Access is governed by the laws of the State of New York and the United States of America and the sole and exclusive forum for any dispute arising from, in connection with or relating to the Website or Services provided in connection therewith is in the federal or state courts located in New York. See Terms of Use.
However, Your communications and relationships with other parties, including fax broadcasts, email transmissions and direct marketing, ("Marketing Communications") may be governed by the laws, regulations and rules of other states or other countries. Which laws, regulations and rules will apply may be based on the location or domicile of You, the recipient or both, as well as the substance of the communication. A person who violates such laws, rules or regulations may be subject to civil damages as well as criminal fines and penalties. By way of example, only, You may have certain obligations under The Privacy and Electronic Communications Directive when sending Marketing Communications to recipients in the United Kingdom or the European Union, or under the Regulations On Internet Email Services when You send emails to Chinese residents. You are the only one who knows and controls to which states or countries You direct your Marketing Communications. Agency Access cannot provide legal advice to You. If you have any questions or concerns regarding what laws apply to Your Marketing Communications, You may wish to consult with Your attorney to discuss Your specific circumstances.
RECENT CHANGE TO CANADIAN LAW
As of July 1, 2014, the sending of commercial electronic messages to and from Canada will be subject to Canada's Anti-Spam Law ("CASL"). Agency Access does not control messages that are sent by users who upload their own contacts. As a courtesy to its Subscribers, Agency Access has made modifications to certain of its Marketing Services that may assist Subscribers in complying with CASL. However, Agency Access cannot determine whether Your Marketing Communications are governed by or comply with CASL and accepts no responsibility for Your compliance with CASL.
By accessing the Website and/or using Services provided in connection therewith, you agree that (i) you lawfully engage in Marketing Communications that are in full compliance with all applicable laws, including CASL and (ii) you have all requisite consent to send the messages that you attempt to send using the Agency Access system and services.
INDEMNIFICATION OF AGENCY ACCESS
As a condition of accessing the Website and/or using the Contact Database or Marketing Services, You agree to make Yourself aware of and to fully comply with all laws that may apply to Your Marketing Communications and/or other third party communications. You agree that You are in the superior position to determine where Your marketing and other communications are being sent and whether they comply with the applicable laws, regulations and rules of that location. You understand that Agency Access is relying on Your promise that You will become and remain aware and fully comply with all laws that may be applicable. You agree to fully indemnify and hold Agency Access completely harmless against any and all claims, suits, demands, penalties, fines and costs of any description that arise from, are caused by or are in any way related to your breach of Your obligations and representations, as more fully set forth in the Terms or Use.
Version 1
Eff. Date January 29, 2015
