These Terms and Conditions apply to any use by you of the Services on this Web site, including without limitation all Services available at http://www.phobrio.com and parent company Lee3 Software, LLC.

Terms of Service and Use:

1. Acknowledgments

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

• phoBrio may not be used for the sending of unsolicited email (sometimes called “spam”).
• phoBrio may only be used for lawful purposes.
• The Services will be subject to monthly subscription fees (“Paid Services”) once you have completed your free trial period if offered one and will be due on or after your subscription date for each month. No refunds will be given after a payment has went through. All cancellations of service must be done before the next payment.
• phoBrio and LEE3 Software, LLC. will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.
• You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
• Every email message sent in connection with the Services must contain the “unsubscribe” link that allows subscribers to remove themselves from your mailing lists if setup.
• You agree to process unsubscribe requests within a 10 day time frame.
• You will not duplicate, copy or recreate any features within phoBrio for personal or commercial use

2. Services and Support

The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.

You must complete the registration form on the Subscribe page in order to use the Services. You will provide true, accurate, current and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, files, billing information and active subscription.

3. Free Trials, Fees and Payments

Fees will be billed monthly or your pre-paid account will be debited monthly for Services. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by phoBrio.  The Fee Schedule, including subscriber levels and prices, is subject to change at any time at phoBrio’s discretion. We will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.

You will be automatically charged eached month, 6 months or year on or after your date of subscription. After being billed, you will not receive a refund for that month, 6 month or yearly payment. You can cancel at any time but you are responsible for doing so prior to your next payment or you will not get your payment back. If you so wish to cancel your service, you must do so within the software, not by contacting us.

If for any reason your payment should fail your account will be locked giving you the opportunity to update your billing information. If your card carrier for any reason blocks our processing, you will be required to provide new card information. Once payment is processed your account will be unlocked.

4. Restrictions and Responsibilities

phoBrio will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.

This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

Unless you are an authorized phoBrio Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by phoBrio in connection with the Services. Violation of these restrictions WILL result in the termination of this Agreement and Legal Action.

The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

You acknowledge and agree that the Services and the phoBrio company names and logos and all related product and service names, design marks and slogans, are the property of LEE3 Software, LLC or its affiliates or suppliers. Your use of the Services confers no title or ownership in the Services or the Software.

The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.

5. Termination

You may terminate this Agreement at any time within the software under your Admin panel. There are no refunds for any fees already paid.

phoBrio may terminate this Agreement or the Services, 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. phoBrio shall have no liability to you or any third party because of such termination or action and any and all data you entered into our database will also remain locked and property of phoBrio.

phoBrio will delete any of your archived data within 30 days after the date of termination. 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.

6. Data and Files

All data and files entered into the database and put on our servers are property of LEE3 Software, LLC. It is your responsibility to backup this data for your own use should your account get locked or terminated. LEE3 Software, LLC will not use any data or files uploaded to our servers for any reason without your consent.

7. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. LEE3 Software, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND LEE3 Software, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LEE3 Software, LLC OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF LEE3 Software, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, LEE3 Software, LLC IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF LEE3 Software, LLC TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9. Miscellaneous

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind LEE3 Software, LLC in any respect whatsoever.

The Agreement shall be governed by the laws of the Commonwealth of North Dakota, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Fargo, North Dakota.

Questions: support@phoBrio.com