Privacy and Policies
Information on how we best treat you and your data.
Why did you receive a mailing from AMANDA?
Our email marketing is permission based. If you received a mailing from AMANDA, our records indicate that (a) you have expressly shared this address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered or otherwise have an existing relationship with one of our subscribers. We disseminate best practices to our subscribers to respect your time and attention by suggesting the frequency of AMANDA mailings.
If you believe you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to firstname.lastname@example.org for review.
How can you stop receiving email from AMANDA?
Each email sent contains an easy, automated way for you to cease receiving email from AMANDA, or to change your expressed interests. If you wish to do this, simply follow the Unsubscribe link at the end of any email.
Sharing and Usage
We will never share, sell, or rent individual personal information with anyone for their promotional use unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of facilitating contacting you by our subscribers, or sending you emails based on your request for information.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE.
BY ENROLLING FOR A TRIAL SUBSCRIPTION, ACTIVATING A PAID SUBSCRIPTION, LOGGING IN TO YOUR AMANDA ACCOUNT, AND/OR ACCESSING THIS WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS OF USE
The use of the term “AMANDA Portal” “AMANDA” or “selling technologies” or any permutations of these names and titles are interchangeable and refer to selling technologies and its intellectual property entitled AMANDA®.
1. Copyright and Trademark Information
Copyright © 2009-2011 selling technologies, inc. All Rights Reserved.
This web site, and the information which it contains, is the property of selling technologies and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "selling technologies" and the selling technologies/AMANDA logo are registered trademarks of selling technologies under the applicable laws of the United States and/or other countries. Other selling technologies products or service names or logos appearing in this web site are either trademarks or registered trademarks of selling technologies and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of selling technologies trademark or other intellectual property rights concerning that name or logo.
2. Representations and Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:
- The AMANDA Portal will be subject to monthly subscription fees once you have completed your free trial period.
- AMANDA may only be used for lawful purposes.
- You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with AMANDA.
- You agree to import, access or otherwise use only contacts that you have developed or acquired through the daily performance of your business.
- Selling technologies reserves the right to cancel or suspend any account at any time for any reason. Reasons may include, but are not limited to, non-payment, declined or late payment, importing harvested lists, importing lists from organizations to which you are not a member, importing purchased 3rd party lists, or any other violation of this End User License Agreement.
- You acknowledge and agree that not all email messages sent through use of AMANDA Portal will be received by their intended recipients.
- You will comply with the restrictions on content of email messages and activities using AMANDA as set forth or referenced in this Agreement.
- You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using AMANDA.
- You agree that the "from" line of any email message sent by you using the Products will accurately and in a non-deceptive manner identify your name.
- You agree that the "subject" line of any email message sent by you using the Products will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
- You agree to include in any email message sent by you using AMANDA your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
- In your use of AMANDA, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
- You agree to not interfere with or disrupt this web site or any related selling technologies web sites or servers or networks connected to this web site or any related selling technologies web sites.
3. License and Restrictions
3.1 License. Subject to the terms of this Agreement, AMANDA hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable license to use the AMANDA Portal on a computer or tablet, for the sole purpose of personally using the application provided by AMANDA and any other applications that may be explicitly provided by AMANDA.
3.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the AMANDA Portal, its video content or any part thereof.
3.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the AMANDA Portal or any part thereof.
3.4 Third Parties. You acknowledge and agree that the AMANDA Portal may incorporate software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the AMANDA Portal falls under the scope of this Agreement. You acknowledge and agree that You will not enter into a contractual relationship with AMANDA or its Affiliates regarding such third party software or technology and You will look solely to the applicable third party and not to AMANDA or its Affiliates to enforce any of Your rights.
3.5 New Versions of the AMANDA Portal. AMANDA, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the AMANDA Portal. Furthermore, You acknowledge and agree that AMANDA, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the AMANDA Portal, or terminate any license hereunder, at any time, with immediate effect and without recourse to the courts. AMANDA also may suspend or terminate any license hereunder and disable any AMANDA Portal You may already have accessed or without prior notice at any time with immediate effect and without recourse to the courts. AMANDA will not accept, and hereby disclaims, any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the AMANDA Portal and (2) by the suspension or termination of this Agreement by AMANDA and/or by You.
3.6 No Distribution/Incorporation of AMANDA Software. You are not allowed to distribute the AMANDA Portal or licensed software distributed by AMANDA under this Agreement. You shall not incorporate the AMANDA Portal or licensed software distributed by AMANDA in any product designed, developed, marketed, shared, sold or licensed by You or any third party, whether or not for any consideration.
4. IP RIGHTS
4.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the AMANDA Portal are and shall remain the exclusive property of selling technologies and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, which may include without limitation copyright laws and trademark laws.
4.2 Feedback. Feedback consists of any of Your suggestions, comments or other feedback whether it is required or provided on a voluntary basis, relating to the AMANDA Portal(”Feedback”). If you provide AMANDA with any Feedback, as required or on a voluntary basis, as part of the Beta Test for the AMANDA Software, You agree that: (a) AMANDA may freely use, disclose, reproduce, license, distribute and other commercialize the Feedback in any AMANDA product, specifications, or other documentation; (b) You also grant third parties, without charge, only those patent rights necessary to enable their products to use or interface with any specific parts of a AMANDA product that incorporate the Feedback; and (c) You will not give AMANDA any Feedback (1) that You have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (2) that is subject to license terms that seek to require any AMANDA product incorporating or derived from any Feedback, or other AMANDA intellectual property, to be licensed to or otherwise shared with any third party.
4.3 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or AMANDA’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.
4.4 No unauthorized file sharing. You agree that You will not engage in activities that infringe intellectual property rights owned or controlled by AMANDA or its licensors. For example, the unauthorized P2P file-sharing of AMANDA’s licensors’ Intellectual Property, such as the unauthorized posting, streaming, making available, uploading, downloading or other distribution of such Intellectual Property.
4.5 No facilitation of piracy. You agree that You will not engage in the facilitation of such activities through other hosted websites and services.
5. Email, Permission Practices, Image Hosting and Prohibited Content
5.2 Permission Practices. You agree to import only prospects or clients that you have developed over the course of your business activities. You hereby covenant that you shall not use any third party lists in connection with your use of the AMANDA Portal. If you have used the AMANDA Portal feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, publicly available press or media addresses or spam or unsolicited email addresses. You cannot copy an AMANDA Portal template or any other features or functionality from the Products and use them for any purpose other than sending email messages from AMANDA. This restriction also applies to customized templates prepared by AMANDA Portal's professional services group. Emails that you send through AMANDA may generate spam complaints from recipients. As a matter of privacy, AMANDA Portal cannot share with you the email addresses of those who complain about your emails. You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. AMANDA Portal, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. AMANDA Portal will terminate your use if AMANDA Portal determines that your level of spam complaints is higher than industry norms (as determined by AMANDA Portal).
5.3 Documents and Images. Video and images hosted by AMANDA Portal on AMANDA Portal controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use video and images provided by AMANDA Portal, AMANDA Portal hereby grants to you a limited, non-exclusive, non-transferable right to use the video and images in an unaltered state solely in connection with your use of the Products.
5.4 Right to Disable Access or Remove Content. AMANDA Portal, at its own discretion, may immediately disable your access to AMANDA or remove all or a portion of your content, without refund, if AMANDA Portal believes in its sole discretion that you have violated any of the policies listed above or this Agreement.
6. TERMINATION AND (CONSEQUENCES OF) TERMINATION
You may terminate this Agreement at any time by sending an email to email@example.com . There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND AMANDA Portal IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
AMANDA Portal may terminate this Agreement, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. AMANDA Portal shall have no liability to you or any third party because of such termination or action.
AMANDA Portal may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. AMANDA Portal will provide upon request the list of unsubscribe requests from your account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at AMANDA Portal’s sole discretion) as inactive for over 60 days, AMANDA Portal has the right to permanently delete your subscriber data.
7. YOUR REPRESENTATION AND WARRANTIES; INDEMNIFICATION OF AMANDA
7.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times comply with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the AMANDA Portal.
7.2 Indemnification. You agree to indemnify, defend and hold AMANDA, its licensors, and the AMANDA Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the AMANDA Software.
8. DISCLAIMER OF WARRANTIES
8.1 No Warranties (except as defined in Section 8.3). THE AMANDA PORTALIS PROVIDED “AS IS”, WITH NO WARRANTIES (except as defined in Section 8.3) AND AMANDA DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE AMANDA PORTAL EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. AMANDA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE AMANDA PORTALWILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR/BUG-FREE.
8.2 USE OF THE AMANDA PORTAL AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. AMANDA DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND SELLING TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for Selling Technologies to use commercially reasonable efforts to adjust or repair the Products.
9. LIMITATION OF LIABILITY
9.1 No Liability. YOU ACKNOWLEDGE AND AGREE THAT AMANDA, ITS AFFILIATES AND THE AMANDA STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE AMANDA SOFTWARE. IN NO EVENT SHALL AMANDA, ITS AFFILIATES OR THE AMANDA STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE AMANDA SOFTWARE, WHETHER OR NOT FORESEEABLE, EVEN IF AMANDA, ITS AFFILIATES OR THE AMANDA STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE AMANDA PORTAL IS TO UNINSTALL AND CEASE USE OF AMANDA.
Cancellation or suspension of your amandaportal.com account can be made by contacting our customer service department via email at firstname.lastname@example.org . The account can only be cancelled or suspended by the account holder and/or the person responsible for paying for the account with their personal credit card. Cancellations and suspensions are only accepted via email and the account holder is responsible for retaining a copy of the cancellation or suspension number from the customer service representative that cancels or suspends the account. The account holder is required to keep their cancellation or suspension number as proof of cancellation or suspension and provide it in case of any billing discrepancies. Once a cancellation or suspension is received we will immediately remove the account holder’s billing information from your next billing cycle. Your billing cycle begins on the day of the month when you initiated your subscription. No refunds will be issued for a partial or unused portion of any month, even in cases when a cancellation or suspension is received after the billing has occurred for the current month. Upon request, we will gladly keep your account active for the balance of the paid month.
Activation fees and monthly subscription fees are non-refundable.
Selling Technologies also reserves the right to cancel or suspend any account at any time for any reason. This may be due to non-payment, declined or late payment, importing third party lists or any other violation of the End User License Agreement.
Spam negatively impacts deliverability rates, and we want to make sure your emails reach their recipients. We require that your emails comply with the U.S. CAN-SPAM Act. As a responsible email marketer, we know you don't want to get accidentally noted as a spammer. So it will help to read and understand the CAN-SPAM rules.
Here’s a rundown of CAN-SPAM’s main requirements:
Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.