In this Agreement, the following definitions apply:
This Agreement outlines the rules governing the use of our Offerings and establishes the arrangement between You and the Organization. It delineates the rights and obligations of all users concerning the utilization of the Offerings.
Your acquisition of, entry to, and utilization of the Offerings is contingent upon Your acceptance of and adherence to this Agreement. These conditions apply to all visitors, users, and others who gain access to or utilize the Offerings.
By acquiring, employing, or accessing the Offerings, You signify Your agreement to be bound by this Agreement. Should You disagree with any portion of these Terms, You are not permitted to access the Offerings.
Your use of the Offerings is also subject to Your acceptance of and compliance with the Organization's Privacy Policy. This document elucidates Our practices regarding the collection, use, and disclosure of Your personal information when You utilize the Offerings and informs You about Your privacy rights and legal protections. We urge You to review our Privacy Policy thoroughly before engaging with our Offerings.
You affirm and guarantee that your utilization of the Offerings:
A hyperlink to or from one of Our Offerings does not imply or represent Our endorsement of any third-party website.
You bear full responsibility for all data, information, text, voice content, and other content and materials that are collected, uploaded, posted, delivered, provided, or otherwise transmitted or stored by You in connection with the Offerings.
We appreciate Your input and are continuously striving to enhance Our Offerings. When You share observations, concepts, or feedback with Us, You consent that We are at liberty to use them without any restriction or compensation to You.
You retain ownership of your data. Subject to compliance with the terms of this Agreement, You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use the Offerings in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Offerings. Utilizing Our Offerings does not grant you any right or license to reproduce or otherwise use any SalesJim or third-party trademarks.
Clients may terminate their agreement with SalesJim only upon the expiration of their contract term, as specified in the terms of their subscription or service agreement. SalesJim reserves the right to cease the provision of services to a Client in the event of a material breach of the terms and conditions outlined in the agreement. SalesJim will provide written notice of the breach and a reasonable opportunity to rectify the breach, where applicable, before taking termination action. SalesJim will continue to service the product for Clients who have an active, unexpired contract with Us, unless otherwise specified in the agreement. Unless terminated in accordance with the terms of this agreement, SalesJim is committed to delivering the agreed-upon services throughout the duration of the contract term.
Our Offerings are provided "as is." Organization and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Organization, nor its suppliers and licensors, makes any warranty that Our Offerings will be error-free or that access thereto will be continuous or uninterrupted.
Except to the extent any applicable law provides otherwise, this Agreement will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions. The appropriate venue for any disputes arising out of or relating to this Agreement that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in New York, New York.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
Under no circumstances will Organization, or its suppliers, partners, or licensors, or any of its or their respective directors, officers, employees, or agents be liable (including for any third-party products or services acquired or used through Our Offerings) with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) any liabilities in excess of the fees paid by You to Organization under this Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Organization shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Organization, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of Our Offerings, including but not limited to your violation of this Agreement or any agreement with a provider of third-party services used in connection with the Offerings.
These Terms were originally composed in English (US). We may translate these Terms into other languages, and in the event of a discrepancy between a translated version and the English version, the English version will take precedence.
We may update, alter, or discontinue any aspect of Our Offerings at any time. As We're constantly updating Our Offerings, We sometimes have to modify the legal terms under which they're offered. This Agreement may only be amended by a written amendment signed by an authorized executive of Organization, or if Organization posts a revised version. We'll inform You when there are changes: We'll post them here and update the "Last Updated" date, and We may also send You an email or other communication before the changes become effective. Your continued use of Our Offerings after the new terms take effect will be subject to the new terms, so if You disagree with the changes, You should cease using Our Offerings. To the extent You have an existing subscription, You may be eligible for a refund.
This Agreement (together with any other terms We provide that apply to the Offerings) constitutes the entire agreement between Organization and You concerning Our Offerings. If any part of this Agreement is deemed unlawful, void, or unenforceable, that part is severable from this Agreement and does not affect the validity or enforceability of the rest of this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Organization may assign its rights under this Agreement without condition. You may only assign your rights under this Agreement with Our prior written consent.
For any inquiries regarding this Agreement, please don't hesitate to contact Us:
Via electronic mail at support@salesjim.com