1. The Site
PlanPlus Online.com / Complete xRM, Inc. Site includes, but is not limited to, a browser interface, data storage, encryption, transmission, and manipulation, synchronization software for customer relationship management, data deployment, and related project management services. The services provided by Complete xRM, Inc. in conjunction with this Site may change over time; the Terms and Conditions herein and as amended apply regardless of any change in the services provided by Complete xRM, Inc. in conjunction with the Site.
As used in these Terms and Conditions the words “You” and “Yours” encompasses each user accessing the Site by means of a valid account established by You including, if you are a business entity, all employees or agents of Your business entity.
2. Use of Web Site Information and Complete xRM software
Subject to the Terms and Conditions, you may download, view, copy and print documents and graphics from the Site. Any use of software and accompanying documentation you download from the Site is subject to the terms of the following software license agreement between you and Complete xRM, Inc. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
Complete xRM, Inc. grants to You subject to these Terms and Conditions, an individual, personal, non-sub licensable, non-exclusive and non-transferable license to use the Site and the Complete xRM, Inc. proprietary Software (“Complete xRM Software”), in object code form only, and only in accordance with the applicable end user documentation, if any, and solely in conjunction with these Terms and Conditions. Neither You (and if You are a Business Entity, none of Your employees, agents, representatives, or contractors) will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Complete xRM Site or Software; modify, translate, or create derivative works based on the Complete xRM Site or Software; or rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Complete xRM Site or Software; or remove any proprietary notices or labels on the Complete xRM Site or Software. Because the Complete xRM Software is proprietary, You agree not to publish or disclose to third parties any evaluation of Complete xRM’s Site or Software without prior written consent from Complete xRM. You acknowledge that Complete xRM retains exclusive ownership throughout the world of all Complete xRM Software, any portions or copies thereof, and all rights therein.
3. Use of Forums and Public Communication
“Forum” means a discussion group, chat area, bulletin board, news group, letter to Complete xRM, its webmaster or employees, or email function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk email, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations. Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Complete xRM, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Complete xRM, you automatically grant (or warrant that the owner of such rights has expressly granted) Complete xRM a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Complete xRM immediately of any unauthorized use of your password(s).
Complete xRM is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. Complete xRM will not rent, sell or otherwise make available to any third party any information that identifies you or your Bank Account or other method of payment. The preceding sentence notwithstanding, we may disclose such information to our vendors and subcontractors where necessary to allow us to provide the services to you, or to comply with applicable laws, regulations, or court or agency orders.
For the purposes of this Agreement, Customer Data means all electronic data or information submitted by You to the Site. All Customer Data is owned exclusively by You. Complete xRM may access Your User accounts, including Customer Data, solely to respond to service or technical problems at Your request. Complete xRM shall not disclose or use any of Your Customer Data for any purpose outside the scope of these Terms and Conditions, except with Your prior permission.
Notwithstanding the foregoing, In the event Complete xRM is legally compelled by judicial procedure, third party subpoena, or other governmental demand, to disclose any Customer Data, it shall take steps to provide You with notice thereof prior to any such disclosure, and shall cooperate with You should You seek to obtain a protective order or other appropriate remedy in advance of such disclosure. Complete xRM shall have no duty to provide you with such notice, however, unless you have provided to Complete xRM appropriate contact information for such purpose, and such information is up-to-date when needed. Complete xRM shall use its best efforts to contact you in the event that your Customer Data is the subject of such demand for disclosure, but assumes no liability in the event of a failure to do so.
7. Termination of Use
You agree that Complete xRM may, in its sole discretion, terminate your access to the Site and any account(s) you may have in connection with the Site at any time.
8. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Complete xRM is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Complete xRM is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Complete xRM is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Complete xRM is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPLETE xRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPLETE xRM MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. COMPLETE xRM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. COMPLETE xRM RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
10. Limitation of Liability
IN NO EVENT SHALL COMPLETE xRM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPLETE xRM’S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE AMOUNT THAT THE CUSTOMER HAS PAID FOR THE CURRENT MONTH OF THE APPLICABLE CLAIM.
You agree to defend, indemnify and hold harmless Complete xRM, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
12. Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
13. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Complete xRM in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Complete xRM outside the U.S. Neither the services of Complete xRM nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Enforcement and Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Utah. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in the City and County of Salt Lake, Utah. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
15. Copyright/Trademark Information
Copyright (c) 2004-20011, Complete xRM, Inc. All rights reserved. Other names appearing on the Site may be trademarks of their respective owners.
16. Payment and Billing Terms
Complete xRM will bill your designated credit card each month for the upcoming month of service. You may also designate other payment options, such as payment by check for six months of service. If you are on a month-to-month billing cycle, you may discontinue service at anytime; simply notify us and we will stop billing. For customers who have signed longer term contracts (6 month, 12 month, 24 month, 36 month), those contracts shall govern the cancelation policy thru the duration of said contract.
17. Contact Information