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TeamBurst
TeamBurst provides small and medium sized businesses and individuals a variety of tools and resources to manage sales teams, and customer relationships. This service may not be used for the sending of unsolicited email (sometimes called "spam"). The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page or by logging in to TeamBurst, you accept these terms and conditions. 1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
2. Services and Support 2.1 The Services are provided subject to this Agreement, as it may be amended by TeamBurst, and any guidelines, rules or operating policies that TeamBurst may establish and post from time to time. 2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services. 2.3 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files. 3. Free Trial, Fees and Payment 3.1 Once you have completed your free trial period, you will be subject to monthly subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received. 3.2 Fees will be billed monthly. Yearly subscriptions may also be used and will apply accordingly. 3.3 Payment for Services will be made by a valid credit card accepted by TeamBurst. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize TeamBurst to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If TeamBurst is for any reason unable to effect automatic payment via your credit card, TeamBurst will attempt to notify you via email and your TeamBurst account will be disabled until payment is received. Amounts paid for the Services are not refundable. 4. Restrictions and Responsibilities 4.1 TeamBurst will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law. 4.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. 4.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs. 4.4 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless TeamBurst and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that TeamBurst has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although TeamBurst has no obligation to monitor the content provided by you or your use of the Services, TeamBurst may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. 4.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. 4.6 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by TeamBurst" or a similar message. You agree to cooperate with and provide reasonable assistance to TeamBurst in promoting and advertising the Services. 4.7 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to TeamBurst. TeamBurst may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of TeamBurst, TeamBurst may share your information with the Marketing Partner and the Marketing Partner may share information with TeamBurst. TeamBurst will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from TeamBurst due to unsolicited commercial email being sent from your TeamBurst account. 4.8 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case TeamBurst's standard rates will apply. The Marketing Partner may notify TeamBurst of any change in your status. 5. Termination 5.1 You may terminate this Agreement at any time by contacting TeamBurst Customer Support. There are no refunds for any fees paid. 5.2 TeamBurst may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. TeamBurst shall have no liability to you or any third party because of such termination or action. 5.3 TeamBurst will delete any of your archived data within 30 days after the date of termination. 5.4 If your account is classified (at TeamBurst's sole discretion) as inactive for over 120 days, TeamBurst has the right to permanently remove your data. TeamBurst will attempt to contact you via email prior to taking any permanent removal actions. 6. Warranty Disclaimer; Remedies USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TeamBurst DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND TeamBurst DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for TeamBurst to use commercially reasonable efforts to adjust or repair the Services. 7. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TeamBurst OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "TeamBurst") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF TeamBurst SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, TeamBurst IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF TeamBurst TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 8. Export of Services or Technical Data You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country. 10. Miscellaneous 10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.2 TeamBurst and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. 10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind TeamBurst in any respect whatsoever. 10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees. |