Publiqly Terms of Service
1. PR Relationship. I understand and agree that Publiqly Systems Inc. is not a Public Relations Firm or Agency, may not perform services performed by a PR Firm, and Publiqly’s workflows, forms, templates, and questionnaires are not a substitute for the advice or services of a PR Firm. Rather, I am representing myself in this public relations matter. No PR relationship, contract or privilege is created with Publiqly.
2. PR Advice. If, prior to my purchase, I believe that Publiqly gave me any PR advice, opinion or recommendation about my PR strategy, or strategies, options, selection of our workflows, forms, templates, and questionnaires, I will not proceed with this purchase, and any purchase that I do make will be null and void.
3. Arbitration for Disputes. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Publiqly Arbitration Agreement, contained in Paragraph 13 of these Terms of Service.
4. Sole Responsibility. I understand that I am solely responsible for the accuracy, completeness, spelling, consistency and legality of all facts, news, narrative, names, addresses, and the like. I will read the final press release document(s) before completion and signing off, and I agree to be solely responsible for the final document(s).
5. Limitation of Liability and Indemnification. Except as prohibited by law, I will hold Publiqly and its officers, directors, employees, agents and shareholders harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by me of any Federal, Provincial, State or Local laws, statutes, rules or regulations, even if Publiqly has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of Publiqly, it will be limited to the amount paid for the products and/or services and under no circumstances will there be consequential or punitive damages. Some states and/or provinces may not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to me.
- Service. Publiqly provides an online system to give subscribers an understanding of how to write press releases, and to provide an automated software solution to individuals who choose to prepare their own press releases. The Site includes general information, workflows, forms, templates, and questionnaires for commonly encountered press releases. Publiqly services also include a checklist of your press releases for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your workflows for PR strategy, provide PR advice, opinions or recommendations about your press release selection, or strategies, or apply feedback or facts of your particular situation. Publiqly is not a PR firm or Agency and may not perform services performed by an PR Firm.Publiqly, its services, our workflows, forms, templates, and questionnaires are not a substitute for the advice or services of a PR firm or agency.
- Up-to-Date. Publiqly strives to keep its workflows, forms, templates, and questionnaires accurate, current and up-to-date. However, because PR changes rapidly, Publiqly cannot guarantee that all of the information on the Site or Applications is completely current. PR and press releases are different from company to company and from situation to situation, and may be subject to interpretation by the media that may differ from your own interpretation. PR is personal and specific to each situation, and no general information or PR tools like the kind Publiqly provides can fit every PR circumstance. Furthermore, the information contained on the Site and Applications is not PR advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need PR advice for a specific problem, or if your specific problem is too complex to be addressed by Publiqly tools, you should consult a PR Firm or Agency.
- This Site and Applications are owned and operated by Publiqly Systems Inc. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Publiqly or by our respective third-party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Publiqly, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Publiqly’s intellectual property rights, whether by estoppel, implication or otherwise. Publiqly does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Publiqly. Any rights not expressly granted herein are reserved by Publiqly.
- Links to Third-Party Sites. This Site and Applications may contain links to websites controlled by parties other than Publiqly (each a “Third Party Site”). Publiqly works with a number of partners and affiliates whose sites are linked with Publiqly. Publiqly may also provide links to other citations or resources with whom it is not affiliated. Publiqly is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Publiqly makes no guarantees about the content or quality of the products or services provided by such sites. Publiqly is not responsible for webcasting or any other form of transmission received from any Third Party Site. Publiqly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Publiqly of the Third Party Site, nor does it imply that Publiqly sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Publiqly is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
- License to Use. Publiqly grants you a limited, personal, non-exclusive, non-transferable license to use our workflows, forms, templates, and questionnaires for your own personal, internal business use. Publiqly also grants individual licenses to individuals working at PR Agencies or Firms to use our workflows, forms, templates, and questionnaires for their own personal, internal business use while working for their client(s). Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Workflows in any manner, except for modifications in filling out the forms for your authorized use. This license terminates without notice if you breach any of the terms or conditions of the License to Use. You shall not remove any copyright notice from any Workflow.
- Resale of Workflows Prohibited. By ordering or downloading Publiqly Workflows, you agree that the Workflows you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Publiqly.
7. Additional Publiqly Terms. I understand that my purchase may be subject to additional terms and conditions.
9. Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
10. Abandoned Orders. My purchase will assist me in writing press releases. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless Publiqly is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the Publiqly Satisfaction Guarantee.
11. Exchanges. I understand that I may request an exchange of one product for a different product and complete a replacement order within 60 days of my purchase. The purchase price of the original item, less any filing, distribution or dissemination fees, taxes or other third-party costs, will be credited to my Publiqly account. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 60 days of purchase, the full original purchase price (in each case less any filing, distribution or dissemination fees, taxes or other third-party costs) will be credited to my original form of payment.
12. Suspended Accounts. If Publiqly encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Publiqly, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Publiqly disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Publiqly, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Publiqly, in its sole discretion, may decide not to send any documents associated with my account to me or allow me access to Publiqly’s services. I acknowledge that Publiqly will not be liable for any delays caused by these policies and procedures.
13. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Summary: Most customer concerns can be resolved quickly and to the customer’s satisfaction by e-mailing our Customer Support staff at firstname.lastname@example.org. In the unlikely event that the Publiqly Customer Support is unable to resolve your complaint to your satisfaction (or if Publiqly has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement: Publiqly and you agree to arbitrate all disputes and claims between us before a single arbitrator.
14. Installment Plan.
- The Publiqly Installment Plan (the “Installment Plan”) may be available as a purchase option for certain Publiqly products.
- By opting into the Installment Plan, I am agreeing to make an initial payment (the “Initial Installment Payment”) immediately when I place my order or change my payment plan.
- If my credit card is declined, I agree that Publiqly may make up to five attempts to bill that card over a 30-day period. If I remain in default on the second payment when the third payment is due, I authorize Publiqly to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that Publiqly may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that Publiqly may restrict my ability to purchase other Publiqly products if I am delinquent on any payment. I understand that Publiqly may make efforts to collect a delinquent payment. I understand that Publiqly may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
- I understand that if I have a Publiqly store credit, the amount of that store credit will be deducted from my total purchase price before installment payment amounts are calculated.
Notice of Automatic Billing.
- Publiqly may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Publiqly is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Publiqly to send the email does not create any liability on the part of Publiqly or any third-party service provider.
- I understand that if I dispute a charge to my credit card, I should e-mail the Publiqly Customer Service Center immediately at email@example.com and Publiqly will investigate the matter.
- I agree to notify Publiqly immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide Publiqly with accurate, complete, and current information results in delinquent payments, Publiqly may restrict my ability to purchase other Publiqly products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
- For subscription products offering the Installment Plan, Publiqly reserves the right to terminate access to subscription benefits 31 days after a missed installment payment.
15. Reviews. After your purchase, you may receive an email survey request from Publiqly. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
16. Access to World Wide Web; Internet Delays. To use Publiqly services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Publiqly services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Publiqly is not responsible for delays, delivery failures, or other damage resulting from such problems.
17. Force Majeure. Publiqly shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Publiqly may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
18. Service Limitations, Modifications, and Discontinuation. Publiqly will make reasonable efforts to keep Publiqly’s service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Publiqly reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Publiqly service with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Publiqly service. Notwithstanding the foregoing, Publiqly reserves the right to discontinue its operations and may be forced to cease operations entirely. You understand, agree and accept that Publiqly has no obligation to maintain, support, upgrade, and update the service, or keep it operational.
19. Right to refuse. I acknowledge that Publiqly reserves the right to refuse service to anyone.
20. Rights and Obligations. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.