ACCEPTANCE OF VAST ACTION CRM USER AGREEMENT FOR THIS WEBSITE
BY ACCESSING, VIEWING, DOWNLOADING OR OTHERWISE USING THIS VAST ACTION CRM WEBSITE OR ANY WEBPAGE OR FEATURE AVAILABLE THROUGH VAST ACTION CRM, ANY INFORMATION PROVIDED AS PART OF THE VAST ACTION CRM SERVICES, OR ANY RELATED EMAILS, NEWSLETTERS, COMMUNICATIONS, TRAINING, SUPPORT, INSPECTIONS, OR OTHER SERVICES (HEREINAFTER "VAST ACTION CRM" OR "VAST ACTION CRM SERVICES"), YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH VAST ACTION INC.. (dba "Vast Action CRM") BASED ON THE TERMS OF THIS VAST ACTION CRM USER AGREEMENT ("AGREEMENT") AND YOU ARE BECOMING A VAST ACTION CRM USER ("USER"). IF YOU ARE USING VAST ACTION CRM ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH ENTITY MAY HAVE A SEPARATE AGREEMENT WITH US ("MSA"), BUT YOU ARE NEVERTHELESS BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO BECOME A USER, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT ACCESS, VIEW, DOWNLOAD, OR OTHERWISE USE ANY VAST ACTION CRM WEBPAGE, INFORMATION OR SERVICES.
We encourage you to read this Agreement with great care in order to participate with us as a User. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
1. Intellectual Property Notices
All content on VastActionCRM.com, including the logo, articles, other text and graphics are the intellectual property of VastActionCRM.com and protected trademark, trade dress, patent, copyright and other laws. You may not reverse engineer, decompile, or disassemble any software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2. Service Eligibility.
You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Vast Action CRM; (c) are not a direct competitor of Vast Action CRM and/or Vast Action CRM; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Vast Action CRM, including, but not limited to, Internet Explorer 6.0 or higher, Mozilla Firefox 1.0 or higher, or Safari. . The materials on Vast Action CRM may not be appropriate or functional for use outside the United States of America. Users located outside the United States use Vast Action CRM understanding this limitation.
3. General Terms and Conditions
You must provide correct and complete personal and business information as requested by us in the Vast Action CRM registration process. As part of your use of Vast Action CRM, you may be required to submit certain content (including any name, contact information, business information, and other personal information) ("User Content"). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.
You are responsible for the security of your password and user ID. Keep your password confidential, do not use other users' accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (VastActionCRM@gmail.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Vast Action CRM account or any information therein to another party or charging anyone for access to any portion of Vast Action CRM, or any information therein.
You are responsible for all fees required for your license to use Vast Action CRM and any and all other products, services and tools that we offer which you subscribe to.
& Refund Policy
You may cancel your subscription to Vast Action CRM any and all other products, services and tools that we offer which you subscribe to by notifying us in writing at VastActionCRM@gmail.com or 5401 South FM 1626 #170-619, Kyle, TX 78640. Your cancellation will be effective within 3 business days of notice. You are responsible for all fees incurred up to and including the date of cancellation, including the 3-day delayed effective date. In no event will cancellation constitute a refund of fees already paid for Vast Action CRM or any and all other products, services and tools that we offer which you subscribe to.
You are entirely responsible for all content that you upload, post or otherwise transmit via Vast Action CRM. You agree to not use Vast Action CRM in any way that violates any previous agreement, contract or stated policies you have acknowledged with any other entities. You agree not to use Vast Action CRM to host contact information that belongs to another entity or person for whom you have not received permission to store contact information or that which conflicts with the stated policies of any entity you may or may not represent. You also agree and understand that Vast Action CRM in no way encourages or supports the storage of customer payment information on Vast Action CRM. Vast Action CRM will cooperate with investigators in the event of any investigation deemed necessary by any associated corporate or legal entity.
Your email campaigns may not generate abuse complaints that, in our sole discretion and the discretion of our 3rd party email delivery partners, exceed industry norms.
We will cancel your account without prior notice if we determine that you are in violation of any of the terms and conditions of this Agreement.
You may not transfer this Agreement to any third party nor use our software to benefit any third party. Independent representatives of the same product or company may not share accounts; they must each have their own account.
Vast Action CRM may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
You are solely responsible for your interactions with other Users. Vast Action CRM reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Vast Action CRM determines, in its sole discretion, that doing so is prudent.
You acknowledge and agree that we may send you important information and notices regarding the Services by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Vast Action CRM, its Users and the public.
4. USER CONTENT & DATA SECURITY
Vast Action CRM understands that the nature of the User Content submitted to, exchanged with, reported from, and/or generated by Vast Action CRM may be of a confidential, sensitive and proprietary nature. Vast Action CRM hereby warrants and represents that it shall not share, utilize, review, access, or otherwise make use of any information submitted to, exchanged with, reported from, and/or generated by Vast Action CRM except for the explicit purposes of operating Vast Action CRM or as provided herein.
Vast ActionCRM does NOT warrant compliance with the Payment Card Industry (PCI) Data Security Standard (DSS). You should NOT store Primary Account Numbers (PAN) data such as credit card numbers, checking account numbers, or other banking information in Vast Action CRM.
Notwithstanding the foregoing, we may share User Content with third parties in the following circumstances:
Service Providers: We may employ third party service providers to perform functions on our behalf. They may have access to personal information needed to perform their functions, but may not use it for other purposes. Vast Action will only select service providers who agree to act only on User's instructions and ensure the security of User Content that it processes.
Legal Obligations: From time to time, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
of Vast Action CRM and Others:
We may release User Content when we
believe release is appropriate to comply with the law or any rule, regulation,
agreements; or protect the rights, property, or safety of Vast Action CRM, our
affiliated companies, our users, or others. However, this does not include
selling, sharing, or otherwise disclosing personally identifiable information
from customers for commercial purposes in violation of the commitments set
forth in this agreement.
When Vast Action, Inc. has an agreement with a company whose employees or independent contractors are users of Vast Action CRM, users agree to adhere to the policies of their company and will not hold Vast Action Inc. liable for any action that could be taken in response to that company's guidelines or disciplinary action. Also, each user will adhere to the user limits, customer storage, or email volume that is posted on public plans and pricing listings. Example: Vector reps will adhere to the one rep per CRM account user limit.
User has the right to request destruction or return of any User Content. Vast Action will not retain User Content in perpetuity beyond an explicit instruction to delete, in whole or in part.
5. General Email Rules and Guidelines
The Vast Action CRM campaign manager and any other Vast Action CRM features which deliver email, bulk mail, or outbound communication of any kind, has been developed to enable you to communicate with subscribers that have opted-in (i.e. expressly given their permission) to receive information from your company. You may not use any Vast Action CRM product or service for the purpose of sending unsolicited email, or "Spam." Vast Action CRM respects anti-Spam laws and asks you to act accordingly. You may not use any Vast Action CRM product, service or tool for purposes of breaking any law. You must follow any posted guidelines regarding content and commercial activity limitations. All email addresses that you use must be solely derived from permission based lists. Vast Action CRM may not be used to send emails to individuals that have not opted-in to receive information via email from your company.
All e-mail messages sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether criminal or civil in nature.
All e-mail messages must comply with the following:
a Message must originate from a valid from address (Vast Action CRM product takes steps to verify this).
b Your company name, address, city, state, zipcode and phone number must be clearly included.
c Unsubscribe must be clearly visible (Vast Action CRM product will place an unsubscribe link in the e-mail).
6. Special Email Provisions
Adding New Members: You will use a "single opt-in" or subscription method for all new list members.
Importing Members: You may only import members previously obtained directly by you using the "single opt-in" or "double opt-in" procedures. You may not import opt-out members directly into your list under any circumstances. You MAY NOT import members from co-registered or purchased sources, regardless of the confirmation status of said members.
Content: Some content (both subject and body content) may not be sent through Vast Action CRM under any circumstances. This includes the following but is not limited to:
• lead sales
• pornography/adult content
• promotion or sale of products or services that are deemed unlawful within the United States
• work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings
If you are unsure about how this applies to your email content, please contact us before using the service.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VAST ACTION CRM AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENCTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF USE OF VAST ACTION CRM, YOUR USE OF OR CONNECTION TO VAST ACTION CRM (INCLUDING ANY USE BY YOU ON BEHALF OF YOUR EMPLOYER), YOUR VIOLATION OF THE AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR SUBMISSION OR USE OF ANY CONTENT THAT IS (A) FRAUDULENT, INACCURATE, A MISREPRESENTATION, DISHONEST, OR (B) IS A VIOLATION OF ANY RIGHTS OF ANY THIRD PARTIES.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION AND VAST ACTION CRM SERVICES (AS DEFINED ABOVE) ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. VAST ACTION CRM DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VAST ACTION CRM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF VAST ACTION CRM.
VAST ACTION CRM MAKES NO WARRANTY OR REPRESENTATION THAT: (a) VAST ACTION CRM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VAST ACTION CRM POWERED BY ADDRESSTWO WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITE CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN VAST ACTION CRM WILL BE CORRECTED. IN PARTICULAR, VAST ACTION CRM'S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. VAST ACTION CRM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, VAST ACTION CRM DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE VAST ACTION CRM SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON OUTSIDE THE REASONABLE CONTROL OF VAST ACTION CRM AND/OR VAST ACTION CRM.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY WEBSITE CONTENT FROM VAST ACTION CRM, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
VAST ACTION CRM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH VAST ACTION CRM TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE VAST ACTION CRM SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON VAST ACTION CRM MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
VAST ACTION CRM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS VAST ACTION CRM SERVICES BY OTHER USERS; THEREFORE, VAST ACTION CRM DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF VAST ACTION CRM.
9. LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULL EXTENT PERMITTED BY LAW, VAST ACTION CRM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH VAST ACTION CRM, EVEN IF VAST ACTION CRM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE VAST ACTION CRM; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM VAST ACTION CRM; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VAST ACTION CRM, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) VAST ACTION CRM CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.
8. Termination of Service
We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that any material breach of this Agreement will result in irreparable harm to Vast Action CRM for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Vast Action CRM will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Vast Action CRM seeks such an injunction.
10. Advertisements and Promotions
Vast Action CRM may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Vast Action CRM found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Vast Action CRM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Vast Action CRM advertisers on the Website.
11. Third Party Content
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Vast Action CRM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Website Content, advertising, products, or other materials on or available from such sites or resources. Vast Action CRM will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Website Content, goods or services available on or through any such site or resource.
12. Use of Third Party Applications
From time to time, Vast Action CRM uses third party applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to you—including but not limited to synchronization, email delivery, calendar hosting, and mail delivery—Vast Action CRM will pass data—including, but not limited to, user login credentials, contact data, subscriber email addresses, and other stored contact information for your customers, prospects, accounts, leads, and other business contacts—to third parties. Vast Action CRM is not required to disclose third parties involved in any of the above described transactions or features.
14. Controlling Law
Texas law and controlling U.S. federal law govern any action related to the Terms and/or your use of the Website. Choice of law rules of any jurisdiction will not apply to any dispute under the Terms. You and Vast Action CRM agree to submit to the personal and exclusive jurisdiction of the courts located within the court of Austin, Texas, U.S.A.
15. Entire Agreement
This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
16. Vast Action CRM User DOs & DON'Ts
As a condition to access Vast Action CRM, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts. The following list of do's and don'ts is not exhaustive and further should not be construed by any User or third party as a VAST ACTION CRM representation that such actions have or have not occurred.
· comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
· provide accurate information to us and update it as necessary;
· review and comply with notices sent by VAST ACTION CRM and/or Vast Action CRM concerning Vast Action CRM;
· duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Vast Action CRM (excluding content posted by you) except as permitted in the User Agreement;
· reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Vast Action CRM, or any part thereof;
· utilize information, content or any data you view on and/or obtain from Vast Action CRM to provide any service that is competitive, in Vast Action CRM's sole discretion, with Vast Action CRM;
· adapt, modify or create derivative works based on Vast Action CRM or technology underlying the Services, or other Users' content, in whole or part;
· rent, lease, loan, trade, sell/re-sell access to Vast Action CRM or any information therein, or the equivalent, in whole or part;
· use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages contained in the site;
· access, via automated or manual means or processes, Vast Action CRM for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
· engage in "framing," "mirroring," or otherwise simulating the appearance or function of Vast Action CRM's Website;
· attempt to or actually access Vast Action CRM by any means other than through the interface provided by Vast Action CRM;
· attempt to or actually override any security component included in or underlying Vast Action CRM;
· engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
· remove any copyright, trademark or other proprietary rights notices contained in or on Vast Action CRM, including those of both Vast Action CRM or any of its licensors;
· use any information obtained from Vast Action CRM to harass, abuse or harm another person;
· interfere with or disrupt Vast Action CRM, including but not limited to any servers or networks connected to Vast Action CRM, or disobey any requirements, procedures, policies or regulations of networks connected to the Vast Action CRM;
· use or attempt to use another's account without authorization from the Company, or create a false identity on Vast Action CRM;
· infringe or use Vast Action CRM's brand, logos and/or trademarks, including, without limitation, using the word "Vast Action CRM" in any business name, email, or URL or including Vast Action CRM's trademarks and logos on any Website without authorization;
· upload, post, email, transmit or otherwise make available or initiate any content that:
o is fraudulent, inaccurate, incomplete, dishonest, a misrepresentation, or out-of-date;
o falsely states, impersonates or otherwise misrepresents your identity;
o is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
o includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
o infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
o includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
o contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Vast Action CRM or any User of Vast Action CRM;
o forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services.