Date Last Revised: July 20, 2016
1. Accepting the Terms
Through using the services, features, products, and website (referred to collectively as the "Service") offered by Salesboxer, you have agreed to be bound by this Agreement. This applies for your company and your customers. Companies and their customers will be referred to as "Users." You must be 18 years or older as a company representative deciding on the use of Salesboxer's products.
By entering into this Agreement, you acknowledge and represent that you have the capacity to be bound by it and if you are acting on behalf of a company or entity, you have authority to bind such entity. If you do not agree to the terms of this Agreement, you must not use this website or Salesboxer's products. Salesboxer may change the terms of this Agreement at any time, and your use of this website and its products after such changes are posted will mean that you accept them.
Before you continue, you should print a copy of this Agreement for your records.
2. Privacy and Security
3. Description of the Service
The Service gives companies a group of sales and marketing tools to help increase sales. The Service may provide information, where it may apply, relating to Third Party products or services.
4. Payment and Length of Term
Salesboxer will charge a fully disclosed fee for its suite of services. The User will choose which combination of services they would like to use and Salesboxer will send in writing the monthly amount it will charge. Salesboxer will then collect a corporate credit card and charge that amount each month. There is no set length of term of the contract. The customer can cancel at any time.
5. User Conduct
Salesboxer may review your conduct within the Service at any point. In using the Service, you agree to not do the following:
• Use the Service illegally.
• Impersonate any person or entity in registering for an account.
• Use or attempt to use a member's account.
• Upload any photos, videos, images, receipts, or other documentation unless you have the necessary rights, including any and all copyright rights, to do so.
• Make the Service available to a Third Party through making a license, sublicense, sale, transfer, resale, assignment, or distribution.
• Exploit the Service in any way.
• Send spam, chain letters, junk mail, surveys, pyramid schemes, contests, or any other unsolicited messages in violation of the laws that apply.
• Store or send any messages that contain obscene, threatening, harmful, vulgar, harassing, defamatory, sexually explicit or otherwise unlawful material.
• Upload or transmit material that contains viruses, trojan horses, time bombs, cancelbots, worms, or any other harmful programs.
• Copy or reverse-engineer any part of the Service or the services of Third Parties on the in order to make a competitive product or one that uses similar ideas.
• Access the Service if you are a direct competitor of Salesboxer.
• Take part in any other conduct when using the Service that is objectionable, inappropriate, or unauthorized.
Under no circumstances will Salesboxer be liable for any of the content posted by a User or Third Party. Salesboxer is not responsible for the content, as it does not control the content posted by Users or Third Parties.
6. Account Registration and Payment
If your company chooses to work with Salesboxer we will set up a company profile. If you choose to do so, you agree to provide truthful and accurate information in creating that account. Salesboxer reserves the right to limit the number of accounts that are created. As a Member, you are responsible for all the activity that occurs within and under your account. You have agreed to abide by all laws and regulations that apply to data security, privacy, communications, and the transmission of personal data.
By providing us with your phone number and e-mail address, you have agreed to receive required notices electronically. It is your responsibility to keep that email address updated so you can receive the messages.
Salesboxer will make available to you a file of customer data in the event that the Agreement is terminated, other than by your breach. This file will be available within 30 days of termination if so requested by a Member at the time of termination.
7. Third Party Information and Interactions
The Service may include hyperlinks to other websites, content, or resources, called Third Parties. Salesboxer is not responsible for the availability or content within these Third Parties. Salesboxer also does not endorse, guarantee, or warrant any products, services, materials featured, or advertising of these Third Parties. You also recognize that any participation with a Third Party may require your agreement to additional or different terms.
8. Intellectual Property and Proprietary Rights
Salesboxer is the sole proprietor of all legal rights and titles to the Service. This includes, but is not limited to, any intellectual property rights associated with the Service. The ownership applies whether or not the rights are registered or wherever they might exist. You shall not use any of Salesboxer's trademarks, graphics, photographs, editorial content, notices, software, designs, logos, trade names, domain names, or other distinctive brand features.
Some or all of the information presented within the Service is classified as confidential and by agreeing to these terms, you acknowledge that you shall not disclose such information without the express written consent from Salesboxer.
9. Limitations to Salesboxer's Liability
SALESBOXER IS NOT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES INCLUDING LOSS OF REVENUE OR PROFIT, OR BUSINESS INTERRUPTION FOR YOU PERSONALLY OR YOUR COMPANY ARISING FROM YOUR INTERACTION WITH SALESBOXER. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHOULD SALESBOXER BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR INTERACTION WITH THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF SALESBOXER IN SUCH JURISDICTIONS SHALL BE PERMITTED BY LAW. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED $500 (U.S. DOLLARS). NO EXCLUSIONS OR LIMITATIONS SHOULD APPLY WITH RESPECT TO ANY CLAIMS BASED ON EITHER PARTY'S INDEMNITIES, WILLFUL MISCONDUCT, OR GROSSNEGLIGENCE.
2. IN NO EVENT SHALL SALESBOXER BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE SERVICE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
10. Disclaimer of Representations and Warranties
THE SERVICE IS PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS. SALESBOXER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, AS TO THE QUALITY, TRUTH, RELIABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE. SALESBOXER DOES NOT ACKNOWLEDGE THAT THE SERVICE WILL BESECURE, UNINTERRUPTED, TIMELY OR ERROR-FREE. YOU AS A USER ACKNOWLEDGE THAT SALESBOXER DOES NOT CONTROL PRODUCTS, CONTENT, OR SERVICES OFFERED BY THIRD PARTIES, ADVERTISERS, OR OTHER USERS ON OR THROUGHOUT THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
11. Your Indemnification of Salesboxer
As a User, you hereby agree to indemnify, defend, and hold harmless Salesboxer and its member, directors, shareholders, and employees, from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Service; or (B) any alleged breach of this Agreement by you.
12. Governing Law
The terms, and your relationship with Salesboxer under the terms, will be governed by the laws of the State of Illinois. You will agree to submit to the exclusive jurisdiction of the courts located in that state to resolve any legal matter arising from the terms.
If any of the Agreement is deemed to be unlawful, unenforceable, or void by any court of competent jurisdiction or any arbitrator, the Agreement as a whole should not be deemed unlawful but only that portion that was deemed to be unlawful.