Terms of service

The gist:

We (the folks at SalesEngine, Inc.) run a service called SalesEngine.ai and would love for you to use it. Our basic service is paid, and we offer upgrades for finding more leads and advanced features. Our service is designed to give you as much control and ownership over your lead generation as possible. However, be responsible in how you use information obtained from SalesEngine.

Terms of Service:

The following terms and conditions govern all use of the SalesEngine.ai visitors and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SalesEngine’s Privacy Policy) and procedures that may be published from time to time on this Site by SalesEngine (collectively, the “Agreement”). Your agreement is with Yoga People, Inc (“SalesEngine” or “we”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SalesEngine, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

Your SalesEngine.ai Account and Site.

If you create account on the Website, you are responsible for maintaining the security of your account, information obtained from using the Website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not violate any laws or use information obtained from the Website in a misleading or unlawful manner, and SalesEngine may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to cause SalesEngine liability. You must immediately notify SalesEngine of any unauthorized uses of your account or any other breaches of security. SalesEngine will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Users.

If you use the Website to obtain information, or otherwise make (or allow any third party to make) information available by means of the Website (any such information, “Information”), you are entirely responsible for the information of, and any harm resulting from, that Information. That is the case regardless of how the Information issued, which includes, but is not limited to email messages, phone calls, text messages and social media.. By using the Website to gather Information, you represent and warrant that you will not not violate these terms or the User Guidelines.

By submitting Information to SalesEngine, you grant SalesEngine a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Information. This license allows SalesEngine to make Information available to third parties selected by SalesEngine.

If you delete Information, SalesEngine will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Information may not be made immediately unavailable.

Without limiting any of those representations or warranties, SalesEngine has the right (though not the obligation) to, in SalesEngine’s sole discretion (i) refuse or remove any information that, in SalesEngine’s reasonable opinion, violates any SalesEngine policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SalesEngine’s sole discretion. SalesEngine will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

General Terms.

SalesEngine is a paid services. You agree to pay SalesEngine the monthly or annual subscription fees indicated for services rendered. Payments will be charged on a pre-pay basis on the day you sign up for an account or Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal.

Unless you notify SalesEngine before the end of the applicable subscription period that you want to cancel an account, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such account (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

Permitted Use.

You may use the SalesEngine to develop a product or service that searches, displays, analyzes, retrieves, and views information available on or from SalesEngine. You may also use the SalesEngine name or logos and other brand elements that SalesEngine makes available in order to identify the source of the information.

Restricted Use.

You may not use the SalesEngine to substantially replicate products or services offered by SalesEngine, including the republication of SalesEngine.ai content, data or the creation of a separate platform. If SalesEngine believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access SalesEngine.ai may be temporarily or permanently revoked, with or without notice.

Responsibility of Website Visitors.

SalesEngine has not reviewed, and cannot review, all of the information available via the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SalesEngine does not represent or imply that it endorses the information, or that it believes such information to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain information that is offensive, indecent, or otherwise objectionable, as well as information containing technical inaccuracies, typographical mistakes, and other errors. The Website may also information that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SalesEngine disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading, or other activities by those visitors of information obtained from SalesEngine.

Copyright Infringement and DMCA Policy.

As SalesEngine asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SalesEngine.ai violates your copyright, you are encouraged to notify SalesEngine in accordance with SalesEngine’s Digital Millennium Copyright Act (“DMCA”) Policy. SalesEngine will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SalesEngine will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SalesEngine or others. In the case of such termination, SalesEngine will have no obligation to provide a refund of any amounts previously paid to SalesEngine.

Intellectual Property.

This Agreement does not transfer from SalesEngine to you any SalesEngine or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SalesEngine. SalesEngine, SalesEngine.ai, the SalesEngine logo, and all other trademarks, service marks, graphics and logos used in connection with SalesEngine.ai, or the Website are trademarks or registered trademarks of SalesEngine or SalesEngine’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SalesEngine or third-party trademarks.

Friends of SalesEngine.

By signing up for a partner service or product from the Friends of SalesEngine.ai section , you agree to that partner’s terms of service. You can opt out of their terms of service at any time by discontinuing use of their service or product.

Service Agreement.

Changes.

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by updating our Terms of Service page. If you disagree with our changes, then you should stop using SalesEngine. Your continued use of SalesEngine will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination.

SalesEngine may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SalesEngine account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. SalesEngine 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 SalesEngine nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will SalesEngine, or its suppliers or licensors, be liable 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, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SalesEngine under this agreement during the twelve (12) month period prior to the cause of action. SalesEngine shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the SalesEngine Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding conduct and acceptable information, and including all applicable laws regarding the transmission of technical data obtained or exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless SalesEngine, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Translation.

These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous.

This Agreement constitutes the entire agreement between SalesEngine and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SalesEngine, or by the posting by SalesEngine of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pima County, Arizona. 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 Tucson, Arizona, 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. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SalesEngine may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Last Edited on 2016-06-02