Date of last revision 9/4/2019
NarrowScale’s products and services are provided by narrowScale. These terms and conditions of use ("Terms") govern your use of narrowScale’s websites, mobile applications, products, and services (collectively, the "Services”), so please read them carefully.
You may use our Services only if you can form a binding contract with narrowScale. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 13. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
Additionally, you may not use the Services:
In addition, narrowScale is not obligated to enforce these Terms or any other policies or guidelines against other community members, newsletter writers, publishers users, or other third-parties on your behalf. If you believe anyone has violated these Terms or any other guidelines or policies of narrowScale, then please contact narrowScale via email: support@narrowScale.com. NarrowScale reserves the right to investigate the matter and take whatever action narrowScale deems appropriate in its sole discretion.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Do not use our Services on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.
Our Services display both NarrowScale-created content and content that is not created or developed by narrowScale (the "Newsletter Information"). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. This includes the Newsletter Information that newsleter writers post on narrowScale, and we cannot guarantee the accuracy, adequacy or quality of any such Newsletter Information, or the qualifications of those posting it.
By using the Services, you consent to receive emails from narrowScale, which may include commercial emails. You may change such preferences by changing your account settings on your profile page of the Services or via the unsubscribe link in all commercial emails. Please note that as long as you maintain a Service Account, you may not "opt out" of receiving service or account-related emails from narrowScale and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
NarrowScale is a platform where newsletter writers unaffiliated with narrowScale can offer information and interact with consumers. We provide a number of methods by which you can sign up for newsletters. Although some of these methods involve narrowScale processing a transaction on your behalf, in all instances, narrowScale is simply the intermediary in such transactions. You are liable for paying the newsletter writer/publisher for the services provided. NarrowScale has no liability, either primarily or secondarily, for paying the newsletter writer/publisher. Any newsletter-subscriber relationship formed as a result of subscriptions is between you and the newsletter you subscribe to—not between you and narrowScale. Furthermore, you understand that narrowScale cannot be held responsible for the quality or accuracy of any information provided by newsletters you connect with via narrowScale.
NarrowScale offers optional subscription services for newsletter writers, including, but not limited to: Advertising, Upgraded listings plans (collectively, the “Premium Services”). By selecting a Premium Service you agree to pay narrowScale the subscription or usage fees (the “Subscription Fees”) indicated for that service. You further agree to provide narrowScale with a valid payment method from which narrowScale will automatically charge Subscription Fees as they become due. Subscription Fees will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your payment method on a recurring basis until you cancel your Premium Service. The amount of the monthly recurring charge will be the then-current Subscription Fee applicable to the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable Subscription Fee increases.
Premium Services must be cancelled prior to your monthly renewal in order to avoid billing of the next month's Subscription Fee. All cancellations or reductions of advertising services must be received in writing by email (email@example.com) . Subscription Fees for Premium Services are not prorated or refundable. In no event will a cancellation or reduction in service relieve you of your obligation to pay the Subscription Fees that are due for the period prior to the effective date of cancellation or reduction in service.
If your payment method fails or your account is past due, narrowScale reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to narrowScale within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Premium Services may include the publication of advertising or website content you provide to us (the “Premium Services Content”). You retain all rights in, and are solely responsible for, the Premium Services Content posted on narrowScale or websites supported by narrowScale. You give narrowScale, our affiliates, providers of third party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Premium Services Content (in whole or in part) in providing the Services.
It is solely the responsibility of newsletter writers and publishers to ensure that any information or advertisements they post or place on the narrowScale website (including without limitation any newsletter information), and any communications they may have with subscribers through the Services, fully complies with all applicable laws and rules of professional conduct, including those regulating the form, manner or content of communications with subscribers, advertising, or other matters.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Services infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with narrowScale:
Email: firstname.lastname@example.org with subject line “Copyright Infringement”
While narrowScale strives to provide—and to allow newsletter writers to provide—useful information regarding newsletters, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that newsletter and other information may be incomplete, may contain inaccuracies, or may be based on opinion. NARROWSCALE DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NARROWSCALE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." NARROWSCALE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NARROWSCALE OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF NEWSLETTER SUBSCRIPTION; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF NEWSLETTER INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NARROWSCALE, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
NarrowScale includes interactive areas in which you may post content and information, including peer endorsements and user reviews, information about newsletters and newsletter writers, questions and answers, comments, photos, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to narrowScale. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the narrowScale Community Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
When you post User Content to narrowScale, you give narrowScale and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the narrowScale platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Narrow Scale will not pay you for your User Content. You also understand and agree that narrowScale may, in its sole discretion, refuse, or remove part or all of your Submission from the Services at any time if narrowScale considers the Submission to be illegal, offensive, harassing, infringing, inappropriate or otherwise violates these Terms or the narrowScale Community Guidelines or other policies. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your Submission. Further, you represent and warrant that your Submission does not violate any law.
NarrowScale reserves the right to review and monitor User Content but is under no obligation to do so. In addition, narrowScale is not responsible for screening, monitoring or editing User Content. However, we may monitor your User Content and may disclose information about you, including the contents of such User Content, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other narrowScale guidelines or policies; or (3) protect the rights, property, or interests of narrowScale, its employees, its users, or the public.
You agree to defend, indemnify and hold harmless narrowScale, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
NarrowScale may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to email@example.com with the subject line “ATTN Legal” . However, if narrowScale is not able to informally resolve your complaint, any dispute, claim or controversy arising out of or relating to these Terms, narrowScale or the Services or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in King County, Washington before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
The laws of the State of Washington, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services.
Notwithstanding any of these Terms, narrowScale reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Avvo reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
These Terms constitute the entire agreement between you and narrowScale with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
NarrowScale’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. NarrowScale may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
If you have any questions regarding the use of the Services, please refer first to the FAQ. All other questions or comments about the Services or its contents should be directed to firstname.lastname@example.org.