All parties who use the program shall not engage in the reproduction or unwarranted use, duplication or sharing of the Intellasoft Solutions CRM LLC Software / Plugins with third parties under any circumstances.
You, the User, agree to the terms and conditions of use (“User Agreement”) that apply exclusively to your access to, and use of Intellasoft Solutions CRM LLC (the “Company”) software program(s). User grants the Company permission to access User’s account and related information for emergency purposes and for routine and/or general maintenance but for no other purpose. Company shall not access any financial information of the User except as provided above. The Company represents to User that it will not sell or otherwise distribute User’s information to any third party for any reason.
The Company respects the intellectual property of others and expects User to do the same. The Company holds title to any and all underlying software and related technology, including all intellectual property and content, including without limitation all graphics, user interfaces, design photographs, etc. User shall not infringe on any copyright, trademark or other intellectual property held by the Company and User shall not otherwise copy, republish, post, reproduce, transmit, translate or otherwise disseminate this software program without the express written consent of the Company. User further agrees to not decompile, reverse engineer or otherwise manipulate or work with the software or software architecture of the program.
The Company grants to User a limited, non-exclusive and non-transferrable license to use its software for employee, job and business tracking, including providing a single platform for companies to accurately track employee location and movement; to track job progress, job and contractor information, and leads; to map job locations; to store the preceding information in a database; to make such database information available in a searchable format; to facilitate inter-company communications; and to interface with, and upload the preceding information into, commonly used billing software programs. User shall not transfer, sublicense or assign its license to use Company’s software to any third party without the express written consent of Company. If the software is licensed for a specified term, then User’s license is valid only for the applicable term. Except as expressly set forth above, Company and its licensors provide the software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Company does not warrant that the software will operate uninterrupted or error-free or that all errors will be corrected. In addition, the Company does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. In no event will the Company or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the software or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of the Company, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to User, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by User to Company or a vendor of Company for the software that gave rise to the claim. This limitation of liability for the Company’s software is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.
Ownership and Licenses
- Each party owns (or has the right to use) and shall retain all right, title, and interest in its names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology.
- Company may not sublicense, assign, or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment, or transfer is void.
- Each party, to the best of its knowledge, represents to the other that it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and any material that is provided to the other party and displayed on the other party’s site will not infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy; violate any applicable law, statute, ordinance, or regulation; be defamatory or libelous; be lewd, pornographic, or obscene; violate any laws regarding unfair competition, antidiscrimination, or false advertising; promote violence or contain hate speech; or contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious computer programming routines.
Representations and Warranties of Company. All parties hereby represent and warrants to Intellasoft Solutions CRM LLC that:
- Company shall not reproduce, duplicate or otherwise share Intellasoft Solutions CRM LLC Plugin’s / Software with a third party except as specifically permitted by this Agreement.
- Contractor shall at all times ensure that any third party is in compliance with all sections above.
Indemnification and Attorney’s Fees
- Each party agrees to indemnify, defend, and hold harmless the other party and its affiliates, directors, officers, employees, and agents, from and against any and all liability, claims, losses, damages, injuries, or expenses (including reasonable attorney fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein, provided that the indemnifying party is promptly notified in writing of any such claims. The indemnifying party shall have the sole right and obligation to defend such claims at its own expense. The indemnified party shall provide, at the indemnifying party’s expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request.
- Company agrees to pay any and all attorney’s fees and costs pertaining to the enforcement of this Agreement, including without limitation any costs associated with or relating to collecting any amount owed hereunder.
Limitation of Liability
IN NO EVENT, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR OBLIGATED UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
- Neither the failure nor any delay on the part of either party to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege, nor shall any waiver of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence or as a waiver of any other right, remedy, power, or privilege.
- The relationship of the parties is that of independent companies. Notwithstanding anything to the contrary, this Agreement does not and shall not be deemed to constitute a partnership or joint venture between the parties, and neither party nor any of their respective directors, officers, employees, or agents shall, by virtue of the performance of their obligations under this Agreement, be deemed to be an agent or employee of the other.
- This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Michigan without regard to its conflict-of-law’s provisions, and Company consents to jurisdiction and venue in the state and federal courts sitting in the State of Michigan.
- Neither party shall have any right or ability to assign, transfer, or sublicense any obligations or benefit under this Agreement except as specifically provided herein, and any such attempt shall be void, except that a party may assign and transfer this Agreement and its rights and obligations under it to any third party who succeeds to substantially all of its business or assets.
- This Agreement contains the entire understanding of the parties regarding its subject matter and can only be modified or waived by a subsequent written agreement signed by both parties.
Service Level Expectations
IntellaSoft Solution’s CRM LLC goal is to provide this server to you 24 hours a day, seven days a week. It is understood though that it is impossible to avoid occasional interruptions in service due to any of the following;
- Periodic maintenance procedures or upgrades (“Scheduled Downtime”)
- Service malfunctions and causes beyond our control or which are not reasonably foreseeable by IntetllaSoft Solutions CRM LLC, including the interruption or failure of telecommunications or digital transmission links.
- Hostile network attacks, or network congestion or other failures.
IntellaSoft Solutions CRM LLC is not responsible for any downtime caused by conditions specified above, or due to Customer’s actions that breach any term of this Agreement. We shall bear no liability for downtime and/or financial losses related to service interruptions from issues above. In the event of a catastrophic data loss, data would be restored to the earliest available point of time, which is going to be within 3-30 days.
Terms and Conditions
Intellasoft Solutions CRM LLC. is not responsible for search engine results for things that are out of our control. Results will always very based on the size of the market you are marketing to, what keywords you are marketing to, and the level of participation you are putting into your website, using our tools / plugins. Some of the best practices would be to add fresh content, images, and posts to your site weekly (be creative use original content). Try not to use exact match domain names as they can do more harm to your internet presence than good, and use your locations and key words short codes wisely, but don’t over use them.
Any loss of content, images, or data due to misuse of any of our plugins is in no way the responsibility of Intellasoft Solutions CRM LLC. It is up to the customer to make sure all images, content, and data is always backed up either by their hosting company or with any one of the many WordPress back up plugins. It is also recommended that before any of our plugins are activated that all of your content, images, and data are backed up for easy retrieval as a precaution if necessary.
If your site has an existing XML or HTML sitemap, we advise to deactivate them to ensure no duplicates are created.
Any illegal copying, dissemination, transmission, or reselling without written consent of IntellaSoft Solutions CRM LLC. is expressly forbidden.
IntellaSoft Solutions CRM LLC. is not responsible for search engine crawling, search engine crawling results, or on what rank you appear on in search engines.
IntellaSoft Solutions CRM LLC. is not responsible for any hacked website that was not kept up to date. Hacks can happen for many reasons such as user and password fraud, bots, issues resulting from other plugins that are not serviced properly or hacked.
IntellaSoft Solutions CRM LLC. is a content writing company for companies that choose to use for content writing service and weekly updates. We do not provide backlinking, off-site marketing, maps, or anything else that would contribute to your SEO needs for your website.
IntellaSoft Solutions CRM LLC. Any content we write is generic unless customer provides us with details about their company (ie – years in business, slogans, mission statements, best practices, specifics about your service, specifics about your products, what separates you from your competitors). Properly sized images need to be provided by the company. If company wants IntellaSoft Solutions CRM LLC. to provide Images, this must be stated in writing or via e-mail.
IntellaSoft Solutions CRM LLC will only build one website per Major Market, per service, industry consisting of a population of 1 million people.
If you are in a Major Market, that has over 1 million people, IntellaSoft Solutions CRM LLC reserves the right to build and manage websites for other companies in your Major Market, that may provide some of the same services or same service types as your company.
For any site IntellaSoft Solutions CRM LLC builds and manages, one major Market must be declared in advance, before any website building starts.
Additional counties outside of the selected Major Market is also subject to the same terms, as outlined above.
Using the Chicago land market as an example: If there were 5 million people in the Chicago land area, IntellaSoft Solutions CRM LLC could build and manage websites for up to five different companies providing the same service.
All major markets that are declared by a company will be first come, first serve.
Any company that wants exclusive coverage in any Large Market area, for any service must have this in writing and must understand that there could be additional charges to be exclusive in any designated Large Market.