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gFour Terms & Conditions

The following terms and conditions (this “Terms of Use”) govern all use of the Services. The Services are owned and operated by gFour Marketing, LLC (“gFour”). Please read these Terms of Use carefully before using the Services.

This Terms and Conditions Agreement (“Agreement”), together with any schedules, exhibits, and documents referenced herein, constitutes the entire agreement between gFour Marketing, LLC (“gFour”) and Client regarding the use of the 1Into5 Program™ and related services. In the event of any conflict between the terms of this document and the terms of the gFour Agreement, the terms of the gFour Agreement shall prevail. 

Definitions

“Agreement” means these terms of use and all materials referred to or linked to here as well as any Order Form.

“Client” means the party receiving services from gFour.

“gFour” means gFour Marketing, LLC and its affiliates.

“Confidential Information” means any and all information disclosed by one party to the other party in connection with this Agreement, including but not limited to: customer information, names, addresses, phone numbers, email addresses, proprietary technologies, processes, methodologies, business strategies, financial information, and technical data, whether disclosed orally, in writing, or electronically.

“1Into5 Program™” means gFour’s proprietary marketing system and customer relationship management platform that includes sending customers gifts, online and offline communications, and all associated methodologies and processes.

Non-Disclosure and Non-Solicitation Agreement

In order to protect certain confidential information that may be disclosed by Client to gFour, they agree that:

  1. The confidential information disclosed under this Agreement is described as: Customer information, including names, addresses, phone numbers or email addresses. Confidential Information excludes information that: (a) is or becomes publicly available through no breach of this Agreement by the receiving party; (b) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information; or is rightfully received by the receiving party from a third party without breach of any confidentiality obligation.
  2. gFour shall use the confidential information received under this Agreement for the purpose of participation in The 1Into5 Program™ which includes sending customers gifts, surveys, online and offline communications.
  3. gFour shall protect the disclosed confidential information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of the confidential information as gFour uses to protect its own confidential information of a like nature.
  4. This Agreement imposes no obligation upon gFour with respect to Confidential Information that is independently proven to become a matter of public knowledge through no breach of this Agreement by gFour. However, gFour shall maintain at least industry-standard security measures to prevent unauthorized disclosure.
  5. gFour does not acquire intellectual property rights under this Agreement except the limited right of use set out in paragraph 2 above.
  6. Client agrees to keep all information related to gFour’s proprietary technologies and processes confidential.
  7. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement for a period of three (3) years, except that trade secrets shall remain protected for so long as they qualify as trade secrets under applicable law.
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  8. During the term of this Agreement, Client and gFour will not directly or indirectly (except in the case of solicitations made to the general public) solicit any employee, independent contractor or other affiliate for any purpose.

CRM Authorization

Client gives consent for gFour to obtain personal information relating to Client’s customers from their established CRM system.

  1. The information to be obtained from a CRM is limited to the customer’s first name, last name, full mailing address, job number, job description, invoice amount, phone number, email address and other necessary relevant information required for the proper fulfillment of the system. The information will be collected at a predetermined schedule.
  2. gFour shall use the confidential information received under this Agreement for the purpose of marketing, which includes online and offline communications. The Client is responsible for obtaining consent from their customers to receive communication via email, mail, phone and other mediums prior to gFour starting the Activation process. gFour assumes that for any Activation the Client has proof of consent.
  3. gFour shall protect the collected confidential information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of the confidential information as gFour uses to protect its own confidential information of a like nature. Please see the executed Addendum to gFour Marketing, LLC Non-Disclosure Agreement.
  4. gFour will never share this information with third parties under any circumstances.
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  5. Please refer to your signed non-disclosure Agreement for further details. I have read and understand this consent form, including how the collected information will be used, and that this information will not be passed on to any third parties.

This consent is valid for the life of this Agreement unless Client notifies gFour in writing. 

Use Agreement for The 1Into5™ Relationship Marketing System

  1. The price of the Monthly Service Fee specified in this contract shall be subject to an automatic increase based on the higher of (i) the Consumer Price Index (CPI) at the time of contract renewal or (ii) 5%. Use of all gFour systems and programs cease to operate upon cancellation. There are no refunds for unused services or deliverables.
  2. gFour reserves the right to terminate a Client at its option, with 30 days written notice, without liability. Reasons for termination may include the Client’s violations of federal, state or local laws or generally accepted industry standards for ethical business operation.
  3. Client agrees that the technologies, processes and programs employed by gFour are proprietary in nature and that Client will not attempt, nor hire others to attempt to re-engineer or otherwise interface with gFour’s intellectual property in order to create interoperability with any of Client’s existing applications, without the express written permission of gFour. This provision of the Agreement shall survive the termination of this Agreement.
  4. Client agrees that gFour has made no guarantees or claims of the actual income or results Client may achieve. Client agrees to indemnify and hold harmless gFour and its directors, officers, owners employees and associates for any loss or liability incurred by Client in operation of Client’s business including: user of services tools, advice, etc. provided by gFour.
  5. gFour is assessing fees-for-service and at its discretion may limit the number of Clients served in each market. Client agrees to hold gFour harmless in regard to any action by another Client. 

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of laws principles. The parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida for any dispute arising from this Agreement. Each party waives any objection to the venue in such courts and any claim that such courts are an inconvenient forum.