By using the agencybloc.com website ("Website") and/or any products or services described on the Website or accessed through the Website (the “Services”) you are agreeing to be bound by the following terms and conditions.  These Terms of Use supplement all subscription agreements entered into between You and AgencyBloc relating to the Services (“Subscription Agreements”).  In the event of any inconsistency or conflict between these Terms of Use and your Subscription Agreement, the terms set forth in your Subscription Agreement shall control.  

AgencyBloc reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the  Services, including the release of new tools and functionality, shall be subject to these Terms of Use. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of these Terms of Use at any time at: 
https://www.agencybloc.com/about-us/terms-of-use/

A. Account Terms

  1. You must be 13 years or older to use the Services.
  2. To subscribe for the Services you must provide your full legal name, a valid email address, and any information requested in order to complete the signup process.
  3. Your login may only be used by one person - the system does not support concurrent sessions for one login. You may create additional logins for as many users as you'd like.
  4. You are responsible for maintaining the security of your account and password.
  5. AgencyBloc is not liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content posted and activity that occurs under your account (“Content”), even when Content is posted by others under your account).
  7. One person or legal entity may not maintain more than one trial account.
  8. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

B. Payment, Refunds, Upgrading & Downgrading Terms

  1. A valid credit card is required for paying accounts.
  2. The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  3. Accounts are considered active upon submission of credit card information and electronic acceptance of our Terms of Use within the Subscription page. Effective 10/1/2016, activation is binding for 12 months and will auto-renew on an annual basis thereafter unless canceled as described in “C. Cancellation and Termination” set forth below.
  4. All fees are displayed in your account under the Subscription page unless otherwise noted in a written and signed agreement. 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.
  5. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your Service may cause the loss of features and Content of your Account. AgencyBloc does not accept any liability for such loss.

C. Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Month-to-month accounts can cancel any time by notifying "help@agencybloc.com". An AgencyBloc team member will receive the email and fulfill the request.
  2. All of your Content will be deleted from the Service following cancellation. Prior to cancellation, we strongly encourage the download of your data. This information cannot be recovered once your account is cancelled.
  3. Canceling your services (Effective 11/16/2020):
    • Clients with month-to-month accounts: If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately. Any outstanding one-time fees will be charged, and you will not be charged for any future months.
    • Clients with annual contracts opting to cancel services mid year: Upon receipt of the cancellation request, AgencyBloc will charge 100% of your remaining annual subscription balance and any outstanding one-time fees to your authorized payment method. Then deactivate your subscription.
    • Clients with annual contracts opting not to renew the contract for an additional year: You must notify us (by canceling your account via your subscription details page or emailing help@agencybloc.com) of your desire to terminate at least 30 days prior to your auto-renewal date. If your notification is timely, then upon receipt of your cancellation request, AgencyBloc will disable the auto-renewal feature of your annual subscription, charge any outstanding one-time fees, then deactivate your account effective on the renewal date.
  4. In the event you violate these Terms of Use or your Subscription Agreement, AgencyBloc, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.

D. Modifications to the Service and Prices

  1. AgencyBloc reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice; provided however that AgencyBloc agrees not to materially reduce the functionality of the Service without providing you notice and an opportunity to terminate the Service.
  2. Price Changes. Prices for all Services are subject to change by Agencybloc as set forth below. Such notice may be provided at any time by posting the change to the Website or by email notification to you (the “Price Change Notice”).
    • Clients with month-to-month accounts: The price change will be effective 30 days after the date of the Price Change Notice, unless a longer time period is set forth in the Price Change Notice. Upon such a price change you may either continue as a month-to-month subscriber and pay the new price, or you may cancel your subscription as set forth in section C.3.a. above.
    • Clients with annual contracts: The price change shall not apply to the contract year in which the Price Change Notice is published, but rather shall become effective only at the next auto-renewal date for your contract. Upon such a price change you may either continue with your annual contract and pay the new price, or you may cancel your subscription as set forth in section C.3.b. and C.3.c. above.

E. Copyright and Content Ownership

  1. All Content posted on the Service must comply with U.S. copyright law.
  2. We claim no intellectual property rights over your Content. Your Content and files uploaded remain your sole property.
  3. Users agree and acknowledge that Content stored within the AgencyBloc website and related storage areas are accessible by AgencyBloc staff. Such information may be used only for customer service requests and application usage reporting. This usage shall be handled in accordance with all applicable laws, including HIPAA, and shall not be used for the purpose of obtaining information about the other party’s clients or customers. All such information will be properly de-identified.
  4. The design of the Website and Services are Copyright © 2013 AgencyBloc, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design without express written permission from AgencyBloc.
  5. AgencyBloc (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to Website and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website and the Services. The AgencyBloc name, logo, and the product names associated with the Services are trademarks of AgencyBloc or third parties, and no right or license is granted to use them.

F. Email & Anti-Spam Policy

AgencyBloc, through the AgencyBloc SaaS platform (“https://app.agencybloc.com”) offers a set of tools for creating and sending email to individual recipients. By accessing the Services you agree to the following anti-spam policy.

  1. You won’t send SPAM. The definition of SPAM is any email you send to someone who hasn’t given you their direct and explicit permission to contact them on the topic of the email you are sending.
  2. You will not send email to email addresses obtained through purchased, rented, or third-party lists.
  3. You are responsible for understanding and complying with the U.S. CAN-SPAM Act as well as any other applicable laws of the countries your recipients live in.
  4. Every email must have an unsubscribe link (our system automatically includes this for you).
  5. Every email must contain your name and contact information including a physical mailing address (our system automatically includes this for you).
  6. Every email must use a reasonable amount of contrast between text and background (contrast ratio).

It is your responsibility to monitor and maintain unsubscribe requests for your lists and recipients that are outside of the functionalities of the Services. Emails that receive abuse complaints will be reflected on your account. It is your responsibility to maintain abuse results lower than the industry standard. AgencyBloc reserves the right to terminate your account and the Services in the event your abuse results exceed industry standards.

G. General Conditions

  1. The Website and the Service are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. AgencyBloc shall not be responsible for any consequences arising out of your use of the Website or the Services.
  3. Technical support is only provided to paying account holders.
  4. You understand that AgencyBloc uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  5. You acknowledge the Services and all pages, screens, and components thereof are the intellectual property of AgencyBloc and are protected by U.S. copyright law, patent law, and international treaties.
  6. You agree not to reproduce, duplicate, copy, distribute, sell, resell, or exploit any portion of the Website or the Services, or allow anyone else to access the Service under your account without express written permission by AgencyBloc.
  7. You must not transmit any worms or viruses or any code of a destructive nature. You agree not to make any attempt to "hack" or mis-use the Service in any way.
  8. AgencyBloc does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website or the Services will meet your expectations.
  9. You expressly understand and agree that AgencyBloc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AgencyBloc has been advised of the possibility of such damages), resulting from: (i) your use of or your inability to use the Website or the Service; (ii) unauthorized access to or alteration of your Content or data; (iii) statements or conduct of any third party on the Website or Service; or (v) any other matter relating to the Website or the Service.
  10. The failure of AgencyBloc to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, plus any Subscription Agreement executed between you and AgencyBloc govern your use of the Website and the Services and supercede any prior verbal discussions or proposals between you and AgencyBloc (including, but not limited to, any prior versions of the Terms of Use).
  11. AgencyBloc shall not be held liable and assumes no responsibility for any improper or incorrect use of the information contained within your AgencyBloc account due to Account Owners’ access privileges given to its users. This disclaimer of liability applies to any damages, based on alleged breach of contract, tortious behavior, negligence or any other cause of action, including but not limited to damages caused unauthorized access to, alteration of, or use of any record.