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Boondock Standard LLC Terms of Use

(Effective as of September 1, 2016)

Welcome to the Boondock Standard LLC service (the “Service” or “Company”). The following Terms of Use apply when you (the “Customer”) view or use the Service via our web application or by installing and accessing the Service through the Salesforce Appexchange or other CRMs (the “App”).

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE

The Service allows you to record calls you have with prospects and clients while letting you review said calls for the purposes of training, selling, feedback and documentation.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

If you are a user who signs up for the Service, you will have a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS.

Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
POSTING AND CONDUCT RESTRICTIONS.

When you use the Service, you will create recordings and calls of all kinds (“Company Content”). You are solely responsible for the User Content that you create, post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your Company Content.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You are solely responsible for complying with any State or Federal laws in connection with your recording of meetings.
  • You understand and agree that any liability, loss or damage that occurs as a result of the use of any Company Content is solely your responsibility.
THIRD PARTY SOFTWARE

The Services may operate, interface and/or be delivered with other software licensed from and owned by third parties. Customer is solely responsible for installing, operating and maintaining all necessary rights to use any third party software with which the Services interact and for ensuring that use of the Services complies with all end user terms and conditions applicable with such use. Customer agrees to indemnify and hold Company harmless from any claims resulting from any such failure by Customer.

LICENSE GRANT

Subject to all of the terms and conditions in this Agreement and your payment of any fees in the amounts and at the times as specified during the Order Form process, Company grants the Customer a nonexclusive, nontransferable right and license to (a) install and use the Software and Documentation without modification and (b) access the Services, as provided by or on behalf of Company on a remote basis.

Customer shall not sublicense, distribute or otherwise transfer any Software to any of its customers or other third parties or permit third parties to access or use the Services unless the Company has officially built an integration for a specific third party. Customer’s use of the Services shall comply with all other limitations, prohibitions and conditions described in the Documentation and in this Agreement, including restrictions regarding the number of active copies of the Software.

INTELLECTUAL PROPERTY

Unless and only to the extent expressly specified in this Agreement, Customer shall not directly or indirectly (a) disassemble, decompile, reverse engineer or otherwise try to discover any source code or underlying organization, structures, ideas or algorithms of the Services (except and only to the extent these restrictions are expressly prohibited by applicable statutory law), (b) copy, adapt, combine, integrate, bundle, create derivative works of, translate, localize, port or otherwise modify any Services or Documentation, (c) use the Services or Documentation, or allow the transfer, transmission, export or re-export of all or any part of the Software or Documentation or any product thereof, in violation of any export control laws or regulations of the United States or any other relevant jurisdiction or (d) obscure, alter or remove any printed or on-screen proprietary or legal notice displayed by or contained on or in any copy of the Software or Documentation.

Except for the limited rights and licenses expressly granted hereunder, no other right, license or option is granted, no other use is permitted and Company (and its affiliates) owns and retains all rights, title and interests in and to the Services and Documentation.

LICENSE TO YOUR MATERIALS

Customer acknowledges and agrees that the Service may access information, data and other content or materials which you have access to or use in connection with third party software or services (“Customer Materials”). You hereby grant Company a license to process, reproduce and otherwise act with respect to such Customer Materials, solely to enable Customer to operate the Services. You represent and warrant that you have the right to allow the Company to access such Licensee Materials for use with the Services pursuant to this Agreement.

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to support@noteninja.com or mail to the following postal address:

Customer Support

1607 Royal Red Trail, Apex NC 27502

Opting out may prevent you from receiving messages regarding the Company or special offers.

WARRANTY DISCLAIMER

THE SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. NEITHER COMPANY NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT THE SERVICES WILL FUNCTION IN ANY ENVIRONMENT OR BE COMPATIBLE WITH ANY APPLICATION OR THIRD PARTY SOFTWARE OR INFORMATION, OR THAT ITS OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED OR OTHERWISE MEET CUSTOMER’S BUSINESS REQUIREMENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (FOR ITSELF AND ITS LICENSORS) HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, REGARDING THE SERVICES AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR COMPANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more prospects or customers that you communicate with using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of North Carolina, without regard to conflict of law provisions.

This Agreement and the rights and obligations hereunder may not be assigned or otherwise transferred without the prior written consent of the other party, except that either party (without consent) may assign its rights and obligations hereunder to any of its affiliates or to any successor to all or substantially all of its business that concerns this Agreement (whether by sale of stock or assets, merger, consolidation or otherwise). This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT WWW.NOTENINJA.COM/PRIVACY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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