Terms of Use Agreement

PlaybookIQ
Read This Terms of Use Agreement Before Accessing PlaybookIQ

Effective Date: This Terms of Use Agreement was last updated on May 10, 2008.

Welcome to PlaybookIQ. This Terms of Use Agreement (Agreement) is made and entered into between Synap Software, LLC, developers of PlaybookIQ, and you, the Subscriber or User, and sets forth the standards of use of the online service PlaybookIQ. By accessing and using PlaybookIQ and clicking “I have read and agree to the Terms of Use Agreement”, you acknowledge you have read and accept the following terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all use of PlaybookIQ. Synap Software, LLC reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at PlaybookIQ. Your continued use of PlaybookIQ after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Throughout the term of this Agreement, Synap Software, LLC is allowing Subscriber, and the number of Users for which Subscriber has paid the required fee, to utilize PlaybookIQ to perform customer relationship management activities such as managing new and existing data, creating and assigning campaign tracks, exporting and importing data, running reports, and such other lawful purposes that PlaybookIQ provides. This is an Agreement for services, and you are not granted a license to any software by this Agreement. This service may be used for your internal business purposes only. Information supplied to your Account by the Subscriber or User may be backed up or exported for use solely by the Subscriber and/or User.

Synap Software, LLC, may, without notice or liability, add, discontinue, modify or revise any aspect of PlaybookIQ, including, without limitation, scope of service, availability of service, time of service availability, or the hardware and/or software required for Subscriber to access and use PlaybookIQ. Technical support is provided to paying account holders and is only available via email. We try to respond within 1-4 hours during business hours. Subscriber must provide and maintain at its own expense all computer hardware, software, communication equipment, Internet access accounts and access lines necessary to access and utilize PlaybookIQ.

2. Subscriber Account and Information

The Subscriber is a person over the age of 18 and is the Account Owner and Administrator. The Subscriber is financially responsible for the Account. Only the Subscriber can change level of plans and cancel the account. All Subscribers and Users of PlaybookIQ for which Subscriber has paid the required fee shall designate a user name and password. Sharing of a single user name and password is not permitted. To register additional users for an account, the Subscriber must update the Account and pay the additional required fee for each additional user. All Subscribers and Users will be responsible for maintaining the security and confidentiality of their passwords and user names. Synap Software, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Subscribers are entirely responsible for any and all activities which occur under their Account whether authorized or not authorized. Subscriber acknowledges that Users are bound by all terms and conditions of this Agreement and any breach of any terms and conditions by a User is deemed a breach of the Agreement by the Subscriber. Subscriber agrees to notify Synap Software, LLC of any unauthorized use of the Account, Subscriber’s or User’s user name or password, or any other breach of security that is known or should be known to the Subscriber or User. Subscriber’s and User’s right to use PlaybookIQ is personal to the Subscriber and designated Users. Subscriber agrees not to resell or make any commercial use of the Service without the express written consent of a Managing Member of Synap Software, LLC.

Subscribers or Users are not permitted to use PlaybookIQ for any illegal or unauthorized purpose. Subscribers or Users must not, in the use of PlaybookIQ, violate any laws. All Subscribers and Users of PlaybookIQ must comply with the CAN-SPAM Act.

3. Service Fees

PlaybookIQ is a monthly prepaid subscription Service. Throughout the term of this Agreement, Subscriber will pay Synap Software, LLC a monthly fee for the use of PlaybookIQ services as determined by the number of Users of PlaybookIQ as set forth in the fee schedule at PlaybookIQ. Synap Software, LLC may change the amount of the monthly service and other fees to be paid by Subscriber by giving at least forty-five (45) days prior written notice thereof to paying Subscriber. An email to the last known email address provided by the Subscriber shall constitute written notice. The Subscriber may terminate services at any time. The Subscriber agrees that upon termination, any days remaining on the prepaid monthly subscription service will not be prorated or refunded. A valid credit card is required for paying accounts. Free accounts are not required to provide credit card information. One person or legal entity may not maintain more than one free account. For any upgrade or downgrade in plan level that the Subscriber chooses, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your service may cause the loss of content, features, or capacity of your Account. Synap Software, LLC does not accept any liability for such loss.

4. Termination

The Account Subscriber is solely responsible for properly canceling their account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “Cancel Account” link in the navigation bar at the top of the screen. Subscriber will be asked to affirm the cancellation of the Account by clicking again on the “Cancel Account” button. Upon affirming the Subscriber is canceling the Account, the Subscriber’s Account will be canceled and all data, information, tracks, and any other content or data input into the Account by Subscriber and/or Users content will be deleted from PlaybookIQ service in 48 hours. The Subscriber may download or export all of their Account content, data or information prior to cancellation. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Throughout the Term of this Agreement and for a period of one and one half years from the date of its termination, Subscriber, or any of its Users, shall not develop a service or software that competes with, or is similar to, PlaybookIQ without the express written approval of Synap Software, LLC Managing Members.

5. Payment processing

Subscriber acknowledges that all payments of monthly subscription fees to Synap Software, LLC for PlaybookIQ services and/or any information related to such services, are processed by an outside payment processing vendor. Synap Software, LLC, expressly disclaims any and all liabilities and warranties with the collection or disagreement of payment as set forth below in Sections 11 and 12 of this Agreement.

6. Copyright and Trademark Information

All content included or available on PlaybookIQ, including site design, logos, slogan, software, text, graphics, interfaces, and the selection and arrangements thereof is Copyright ©2006-2008 Synap Software, LLC , with all rights reserved, and is the property of Synap Software, LLC and protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of a Managing Member of Synap Software, LLC is strictly prohibited.

Synap Software, LLC™, PlaybookIQ™, and logos are proprietary marks of Synap Software, LLC. Synap Software, LLC’s trademarks may not be used in connection with any product or service that is not provided by Synap Software, LLC in any manner that is likely to cause confusion among customers or the public, or in any manner that disparages or discredits Synap Software, LLC.

7. Restrictions

In addition to the provisions set forth in this Agreement, Subscribers and Users agree that it shall not cause or permit the modification, disassembly, decompilation or reverse engineering of PlaybookIQ or otherwise attempt to gain access to the source code of PlaybookIQ. Subscribers and Users may not copy, republish, upload, post, transmit, disclose, distribute, decompile, reverse engineer or disassemble content on the website. Subscribers and Users are prohibited from deep linking the website and web pages, framing, or inlining and agree that they will not use any web crawler, bot, botnet, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of a Managing Member of Synap Software, LLC.

8. Update

Synap Software, LLC may remotely update any version of PlaybookIQ, either with or without notice to Subscriber or its Users. Such updates may occur automatically or may occur pursuant to prompts which appear on Subscribers or Users terminal screen during use of PlaybookIQ. Any updated version of PlaybookIQ furnished to Subscriber by Synap Software, LLC will be subject to all of the same terms and conditions of this Agreement. Synap Software, LLC may send email communications and intersystem messages to Subscribers explaining new features of PlaybookIQ and other news concerning Synap Software, LLC.

9. Modifications and Interruption to Service

Synap Software, LLC reserves the right to modify or discontinue the Service with or without advance notice to the Subscriber and Users. Synap Software, LLC shall not be liable to Subscriber, Users, or any third party should Synap Software, LLC exercise its right to modify or discontinue the Service. Subscriber and User acknowledges and accepts that Synap Software, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

10. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Subscribers to review said privacy policies of third-parties’ sites.

11. Disclaimer of Warranties

PLAYBOOKIQ IS PROVIDED BY SYNAP SOFTWARE, LLC ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYNAP SOFTWARE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE AND SERVICE OF PLAYBOOKIQ IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SYNAP SOFTWARE, LLC DISCLAIMS ALL WARRANTIES WITH REGARD TO PLAYBOOKIQ, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SYNAP SOFTWARE, LLC DOES NOT WARRANT THAT PLAYBOOKIQ, OR INFORMATION PROVIDED, OBTAINED OR PROCESSED THROUGH PLAYBOOKIQ, WILL MEET SUBSCRIBER’S OR USER’S REQUIREMENTS. SYNAP SOFTWARE, LLC DOES NOT WARRANT THAT THE OPERATON OF PLAYBOOKIQ WILL BE UNINTERRUPTED OR ERROR FREE, VIRUS OR DEFECT FREE, OR THAT ANY AND ALL FAILURES OF PLAYBOOKIQ TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH SYNAP SOFTWARE LLC’S SPECIFICATIONS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFOMANCE OF PLAYBOOKIQ, AND INFORMATION PROVIDED, OBTAINED AND PROCESSED THROUGH PLAYBOOKIQ IS WITH SUBSCRIBER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION OF IMPLIED WARRANTIES IS INAPPLICABLE IN THOSE JURISDICTIONS.

12. Limitation of Liability

SYNAP SOFTWARE, LLC OR ITS MANAGING MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, SYNAP SOFTWARE, LLC OR ITS MANAGING MEMBERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF THE USE OF, OR INABILITY TO USE, PLAYBOOKIQ, OR RELATED TO THIS AGREEMENT OR ANY INFORMATION, PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY SYNAP SOFTWARE, LLC OR PLAYBOOKIQ UNDER THIS AGREEMENT WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SYNAP SOFTWARE, LLC OR ITS MANAGING MEMBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN THOSE JURISDCITIONS.

13. Indemnification

Subscriber agrees to indemnify and hold Synap Software, LLC and its managing members harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Subscriber or User’s use of PlaybookIQ, the violation of this Agreement, or infringement by Subscriber or User of any intellectual property or any other right of any person or entity.

14. Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules [including the Emergency Interim Relief Procedures], and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

15. Governing Jurisdiction of the Courts of Colorado

PlaybookIQ is operated and provided in the State of Colorado, and the laws therein shall govern this Terms of Use, without giving effect to any choice of law rules. Accordingly, if you choose to access PlaybookIQ you agree to do so subject to the internal laws of the State of Colorado.

16. Compliance with Laws

Subscriber assumes all knowledge of applicable law and is responsible for compliance with any such laws including the CAN-SPAM Act. Subscriber may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Subscriber further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

17. Contact Information

Questions or comments about this Agreement should be sent to comments@synapsoftware.com.

18. Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The failure of Synap Software, LLC to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. You agree that this Agreement and any other agreements referenced herein may be assigned by Synap Software, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between Subscriber and Synap Software, LLC or its Managing Members. By accepting this Agreement, Subscriber and or Users affirm they have read Synap Software, LLC’s Privacy Statement.

Copyright © 2006-2008 Synap Software, LLC. All rights reserved.