Terms of Service

Terms and Conditions of Use

1. Definitions and Terms

RetentionFactory.com and all related pieces of software (“Service”) is software created by Thedwick LLC (d.b.a. Pollen.io), a California Limited Liability Corporation of Berkeley, CA (“Company”).

By accessing this Service, you are agreeing to be bound by these Terms and Conditions of Use (“Terms”), and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Service. The materials contained in this Service are protected by applicable copyright and trade mark law.

If you are accepting these terms on behalf of another party, you represent and warrant that you have full authority to bind that party to these Terms.

2. Use License

Permission is granted to use the Service for commercial use for a single web property. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the Service;
  2. attempt to decompile or reverse engineer the Service;
  3. remove any copyright or other proprietary notations from the Service;
  4. use the Service for reasons other than its stated use, and especially not to send “spam” or other harassing, illegal, or unethical marketing messages;
  5. transfer the Service to another person or “mirror” the Service on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The Service is provided “as is”. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Service or otherwise relating to Service or on any sites linked to Service.

4. Limitations

In no event shall Company or its suppliers or subcontractors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Service, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations might not apply to you.

5. Revisions and Errata

The materials appearing on Service could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on the Service are accurate, complete, or current. Company may make changes to the materials contained on Service at any time without notice. Company does not, however, make any commitment to update the materials.

6. Links

Company has not reviewed all of the sites linked to its Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Company may revise these terms of use for its Service at any time without notice. By using this Service you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Service or any other action or offering by Company shall be governed by the laws of the State of California without regard to its conflict of law provisions.

9. Unethical or Spammy Use of Email.

We take email delivery very seriously at Company. Under no circumstances may you use Service to send unethical, illegal, or spammy email to anyone. Email templates that you author yourself may only contain links to products that you yourself sell in your own stores. By using this Service to author custom email templates other than the ones provided to you by default as part of Service, you warrant and represent that you are familiar with all applicable laws in your jurisdiction, Company’s jurisdiction, and the jurisdiction(s) of your customers and that you agree to indemnify and hold harmless Company for any complaints or other legal action that arise as a result of the contents of your custom-authored email template. If you use Service to send email not in compliance with these Terms, we may, at our sole discretion, immediately, unilaterally, and without warning suspend your account to prevent further violations.

10. General Terms and Conditions applicable to Use of Service.

Notices. Any notice required in these Terms will be posted on a dedicated page on www.retentionfactory.com and linked to by these terms of service.

Severability. If one or more provisions of these Terms are held to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the balance of these Terms shall be interpreted as if such provision were so excluded and the balance of the Terms shall be enforceable.