TERMS OF SERVICE

 

1. Acceptance of Terms

 

Welcome to the Salesfox, Inc. ("Salesfox," "Company," "we," "us," and "our") website (the "Website"). BY USING SALESFOX'S SERVICES AND WEBSITE, YOU CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES.

 

2. Accuracy and Completeness of Information

 

While Salesfox strives to ensure that the information contained on the Website is accurate and reliable, Salesfox makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of the Website. Salesfox reserves the right to revise the information contained on the Website at any time, in its sole discretion, without any obligation to notify past, current or prospective visitors.

 

3. Your Use of the Website

 

You represent and warrant that you are at least 18 years old or visiting the Website under the supervision of a parent or guardian.

 

Subject to the terms and conditions of these Terms of Service, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser for internal/ personal use only, except as explicitly permitted by us in advance. Any breach of these Terms of Service shall result in the immediate revocation of the license granted in this paragraph without notice to you.

 

Except as permitted in the paragraph above or as expressly permitted by us in writing, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it, make any commercial use of any of the information provided on the Website, or make any use of the Website for the benefit of another person or business. We reserve the right to refuse service, terminate accounts, and/or cancel orders, at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

 

You agree not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary or personal rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

 

We may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms of Service, and we have no obligation to investigate the authorization or source of any such access or use of the Website. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE  WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the security of the Website.

 

When you use the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, messaging, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree to notify us promptly of any changes to your email address or other contact information.

 

You may download certain content that appears on the Website for your personal use. You expressly agree that no right, title or interest in any downloaded materials is transferred to you as a result of such downloading or copying. There are inherent dangers in downloading materials and information from the Internet, and Salesfox cautions you to make sure that you completely understand the potential risks before downloading any such content.

 

You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from the Website, and Salesfox will not be liable for any damages that you may suffer as a result of such download.

 

4. Changes to the Terms of Service

 

We reserve the right to change these Terms of Service from time to time without notice by posting the changes to the Website. When we do, we will also revise the "last update" date of these Terms of Service.

 

5. Privacy Policy

 

Salesfox 's use of any personally identifiable information you submit to the Website is governed by our Privacy Policy.

 

6. Disclaimers

 

THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

No advice or information, whether oral or written, obtained by a user from Salesfox shall create any warranty not expressly made herein. If you download or copy any material from the Website, you do so at your sole discretion and risk. Consequently, you will be responsible for any damage to your computer system or loss of data that results from the download or copying of any material or software.

 

Some of Salesfox's Services require the use of third party services, products or networks. Salesfox will make commercially reasonable efforts to communicate any policies, requirements or guidelines of those third parties to you. You agree to follow those policies, requirements or guidelines. ANY ACTUAL OR ALLEGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. SALESFOX MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS ALLEGED BY A THIRD PARTY.

 

7. Products

 

All products (including software) and services of Salesfox may only be accessed and used pursuant to a separate product or service agreement. If you have accessed such products or services prior to entering into a separate product or service agreement, such access is in violation of Salesfox's Terms of Service, and you shall immediately cease using such services or delete any such products from your computer or server until such time as you become an authorized user of such products or services.

 

8. Limitation of Liability

 

IN NO EVENT WILL SALESFOX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (i) USE OF THE INFORMATION CONTAINED ON THE WEBSITE; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO OR FROM THE WEBSITE; OR (iii) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE WEBSITE, EVEN IF SALESFOX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY ACTION IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST SALESFOX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

 

SALESFOX’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO US DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES.

 

 

You and we agree that all claims brought against the other must be brought in such party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding, except to the extent such restriction is prohibited by applicable law.

 

9. Indemnification

 

You agree to defend, indemnify and hold Salesfox harmless from and against any and all third party claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of the Website.

 

10. Links to Third Party Websites

 

Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by Salesfox. Salesfox has no control over these linked sites, is not responsible for the content of these sites, makes no representations or warranties with respect to these linked sites, and shall not be liable for any damages or injury arising from the contents of these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.

 

11. Intellectual Property Notice

 

Unless otherwise noted, the graphic images, buttons and text contained in the Website are the exclusive property of Salesfox. All rights are reserved. Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted or reproduced in any form without the express written permission of Salesfox.

 

12. Submissions, Suggestions & Community Participation

 

In the event you elect to communicate to us suggestions for improvements to the Website or any of Salesfox's services or properties (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Salesfox via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of Salesfox.

 

You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect and maintain our rights to the Feedback and Communications.

 

13. Trademark Notice

 

Salesfox and the Salesfox logo are trademarks of Salesfox, Inc. Other company, product and service names mentioned in these documents may be trademarks and/or service marks of others.

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