Terms of Service

1. Agreement to Terms

By accessing and using MailGrader ("Service"), a product of Red Wagon Agency ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Description of Service

MailGrader is an online email marketing audit tool that:

• Assesses your email marketing practices through a comprehensive questionnaire
• Provides a scored evaluation of your email marketing performance
• Generates a detailed report with recommendations for improvement
• Offers industry benchmarking and competitive analysis
• Calculates potential revenue opportunities from optimization

The Service is provided for informational and educational purposes. Results are based on self-reported data and industry standards.

3. Eligibility and Account Registration

You must be at least 18 years old and have the authority to enter into these Terms to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You will provide accurate and complete information
• You will use the Service only for lawful business purposes

4. User Responsibilities

When using the Service, you agree to:

• Provide accurate, current, and complete information during the audit
• Maintain the confidentiality of any account credentials
• Not use the Service for any illegal or unauthorized purpose
• Not attempt to gain unauthorized access to the Service or related systems
• Not transmit any viruses, malware, or harmful code
• Not interfere with or disrupt the Service or servers
• Not use automated tools to access the Service (bots, scrapers, etc.)
• Not copy, modify, or distribute the Service or its content without permission

5. Intellectual Property Rights

All content, features, and functionality of the Service, including but not limited to:

• Text, graphics, logos, images, and software
• The audit methodology and scoring algorithms
• Report templates and recommendations
• Database structure and compilation

are owned by Red Wagon Agency and protected by United States and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose only.

6. Results and Recommendations

The audit results, scores, and recommendations provided by the Service are:

• Based on self-reported information and general industry standards
• For informational and educational purposes only
• Not guaranteed to be accurate, complete, or suitable for your specific situation
• Not a substitute for professional marketing or business advice
• Subject to change as industry best practices evolve

You acknowledge that results may vary and that implementing recommendations does not guarantee specific outcomes or revenue increases.

7. Data Usage and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to:

• Collection and processing of your personal information as described in the Privacy Policy
• Use of cookies and tracking technologies
• Receiving communications related to your audit and follow-up services
• Aggregation and anonymization of your data for research and improvement purposes

8. Payment Terms

The basic audit service is currently provided free of charge. If we introduce paid features or services:

• Pricing will be clearly displayed before purchase
• All fees are in U.S. dollars unless otherwise stated
• Payment is required upfront for paid services
• Refund policies will be specified at the time of purchase
• We reserve the right to change pricing with notice to existing customers

9. Service Availability and Modifications

We strive to maintain the Service's availability but do not guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue the Service at any time with or without notice
• Update the audit questions, scoring methodology, or features
• Perform scheduled or emergency maintenance
• Limit access to certain features or users

We are not liable for any interruption, modification, or discontinuation of the Service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness of results
• Warranties of non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free

Your use of the Service is at your sole risk. We do not warrant that the Service will meet your requirements or expectations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED WAGON AGENCY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Service
• Damages resulting from reliance on audit results or recommendations
• Any other damages arising out of or related to these Terms

WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Red Wagon Agency and its affiliates, officers, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, violation of these Terms, or infringement of any rights of another party.

13. Third-Party Services and Links

The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of use of these third parties. Your interactions with third-party services are solely between you and the third party.

14. Termination

We may terminate or suspend your access to the Service immediately, without notice, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• At our sole discretion for any other reason

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitations of liability, and dispute resolution provisions.

15. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that:

• You may assert claims in small claims court if they qualify
• Either party may seek injunctive relief in court for intellectual property infringement

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the state in which Red Wagon Agency is headquartered, without regard to conflict of law principles.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Red Wagon Agency regarding the Service and supersede all prior agreements and understandings.

19. Contact Information

If you have questions about these Terms, please contact us:

20. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.