We reserve the right to change these terms at any time and you should check the terms on the website regularly. Your use of the website or the software provided a part of the website and/or Buffini & Company's Referral Maker™ CRM constitutes your acceptance of the terms as they are at the time of use. If you breach any of these terms Buffini & Company may immediately terminate this agreement.
Client Software means any software provided to Customer related to the Service.
Customer means the person or entity who has entered into this Agreement. If an individual enters into this Agreement on behalf of a company or other legal entity, the individual represents and warrants that he/she has the authority to bind the entity to this Agreement.
License means the right granted by Buffini & Company to install, use and/or otherwise interact with the Service and/or the Client Software for Customer's personal or internal business purposes not related to training or coaching.
Service means Buffini & Company's Referral Maker™ CRM online service and software including any updates, upgrades, support and content (for example, audio or visual information or documents) contained or made available to Customer by Buffini & Company as part of or in the course of using the Service. Buffini & Company may change the Service or its features at any time and for any reason without notice.
3. Account Registration.
- Customer agrees to provide Buffini & Company with accurate personal details including Customer's full name and a valid e-mail address and all other information that Buffini & Company may request from Customer from time to time in order to complete the registration process and update Customer's account details. Customer represents and warrants that the information provided to Buffini & Company truthfully identifies Customer and his/her/its contact information.
- Customer, if an individual, represents that he/she is at least 18 years of age.
- Customer will keep his/her/its password and other login details confidential and will not disclose or make it available to any other person. Any use of the Service by any person other than the Customer is prohibited and constitutes a breach of this Agreement.
This Agreement constitutes the purchase of a subscription to use the Service under the terms of the License granted during the term of this Agreement. The subscription will commence on the day you enter into this Agreement and enter a valid credit card or other payment information or immediately after the expiration of any free trial provided, whichever is later. Charges for each month will be billed and assessed in advance monthly on the day of the month that your subscription commenced unless that day was the 29th, 30th, or 31st of the month. In that case, charges will be billed and assessed on the first of each month. The subscription will automatically renew from month-to-month until cancelled or terminated.
All subscription fees will be billed automatically to the credit card you designate. You authorize Buffini & Company to debit your credit card for any and all amounts owed by you and you will keep the credit card you register for this purpose in good standing and with available open credit sufficient to cover any amounts arising under this Agreement. If, for any reason, the credit card that Buffini & Company has on file for you becomes cancelled, invalid, insufficient or unavailable for any reason you will immediately provide Buffini & Company with a replacement credit card and related information. All authorizations for this Agreement will apply to that replacement card.
All past due subscription fees are subject to a late payment service charge at the rate of 1.5% per month or the maximum rate allowed by law whichever is less.
- License Grant. Buffini & Company grants to Customer a personal, revocable, non-assignable license to use the Service as a CRM system for Customer's personal or business purposes not related to training or coaching. Any other duplication, dissemination or use of the Service is prohibited.
- Authorized Users. Only the Customer is authorized under this License to use the Service including the Client Software. If the Customer is a business or entity, only one person authorized by the Customer may use the Service. User Licenses may not be shared or used with any other person and, if purchased by a business, cannot be reassigned to a new user to replace a current authorized user who has terminated employment or otherwise changed job status or function and no longer uses the Service.
6. Rights and Limitations on Use.
- In using the Service or the Software, Customer will:
- Comply with all applicable laws, ordinances or regulations.
- Comply with any codes of conduct or other notices provided by Buffini & Company.
- Keep his/her account information, including his/her password, secret.
- Promptly notify Buffini & Company if he/she learns of a security breach or unauthorized access relating to the Service.
- Customer may not:
- Use the Service in any way that harms Buffini & Company, its agents, employees or independent contractors or any customer of Buffini & Company.
- Engage in, facilitate or further unlawful conduct.
- Damage, disable, overburden or impair the Service or interfere with anyone's use or enjoyment of the Service.
- Resell, redistribute, rent, lend or grant any sublicense or any other subsidiary use of the Service or the Client Software to any other person.
- Use any unauthorized automated process or service to access and/or use the Service (such as a BOT, a Spider or other automated process).
- Modify, create derivative works from, reverse engineer, decompile, disassemble or otherwise attempt to discover any trade secret contained in the Service or in any technology or system used by Buffini & Company in connection with providing the Service or attempt to duplicate the Service or the Client Software.
- Build a product or service using similar ideas, features, functions or graphics of the Service.
- Copy any ideas, features, functions or graphics of the Service.
7. Ownership. The Service is being licensed to you and not sold. Except for the license granted under this Agreement, Buffini & Company retains all right, title and interest in and to the Service in whole or in part including the Software, any content provided as part of the Service and any copies of the foregoing.
8. Responsibility for Use. You are solely responsible for the use of the Service including the Software and any content included or provided as part of the Software. You are also solely responsible for your use of any data or other content that is input, stored, transmitted or otherwise used as part of the Service. You represent and warrant to Buffini & Company that any content or data used or uploaded by you in connection with or as part of the Service will not (a) infringe upon or otherwise violate any laws or regulations or any intellectual or other property rights or contract rights of any other person; (b) contain any software, viruses, Trojan horses, worms or other similar harmful or destructive programming routines, computer codes, files or programs; (c) contain any unlawful, harassing, abusive, harmful, threatening, profane, defamatory, obscene or otherwise objectionable or offensive content; or (d) violate any applicable laws.
9. Storage. You may store data and content on the servers that Buffini & Company uses to provide the Service. You acknowledge and agree, however, that Buffini & Company has no responsibility or liability for any deletion, destruction, corruption or other loss of any data or content to use or upload as part of the Service.
10. Text Messages. The Service may provide the option for users to receive text message alerts of calendar appointments or other matters, or input events tracked by the Service. You acknowledge that text message charges may be imposed by your telephone service provider for the receipt of these text messages.
11. Modifications. Buffini & Company make upgrade, enhance, change, suspend, discontinue or otherwise modify any of the functions, features, aspects or components of the Service, its presentation, the manner in which it is delivered or how it is used or operated in its sole discretion and without notice. Any modifications made available to you will be subject to the terms and conditions of this Agreement. If required by Buffini & Company, you must promptly replace the version of the Software or component you have installed on your computer or other device.
12. Term and Termination.
- Term. Customer's subscription to use the Service will automatically renew from month to month unless and until terminated.
- Termination by Buffini & Company. Buffini & Company may cancel or suspend Customer's use of the Service or a portion thereof at any time if Customer violates the terms of this Agreement, if Buffini & Company believes that Customer's use of the Service represents a direct or indirect threat to its network function (or those of its contractors or suppliers) or anyone else's use of the Service or if Buffini & Company is otherwise required by law to do so. Cancellation or suspension of the Service for Customer's violation of the terms of this Agreement will not change Customer's obligation to pay any subscription fee due for the balance of the month in which the termination occurs.
- Termination by Customer. Customer may terminate a subscription at any time during its term. A termination will be effective at the end of the monthly subscription cycle during which Customer terminates the subscription. Customer must pay for the period prior to the termination effective date.
- Effects of Termination. Upon termination of the Service by either party for any reason, Buffini & Company may delete Customer's data permanently from its servers. Customer acknowledges that Buffini & Company will have no obligation to continue to hold, export or return Customer's data.
13. Privacy & Access to Account.
- Performance and Usage Data. In order to provide the Service, Buffini & Company may collect certain information about the Service performance, Customer's computers or hand held devices and its Service use.
- Communication. Buffini & Company may need to notify Customer occasionally of announcements relating to the operation of the Service. In addition, Customer may receive marketing and other information relating to Buffini & Company, its products or services from time to time.
14. Intellectual Property Rights.
- Referral Maker™ and other Buffini & Company graphics, logos, page headers, and service names are trademarks, registered trademarks or trade dress of Buffini & Company in the United States and other countries. Buffini & Company's trademarks and trade dress may not be used in connection with any way that is likely to cause confusion or in any manner disparages or discredits Buffini & Company.
- Customer Use of Intellectual Property. Buffini & Company does not sanction or approve the unauthorized use of content protected by copyright or other intellectual property rights. Customer represents and warrants that the use or publication of any content by Customer does not violate the intellectual property rights of any third party.
- Ownership of Customer Data. Buffini & Company performs regular back-ups of Customer data for the purpose of recovery in the event of a failure of the servers hosting the Service. Notwithstanding the foregoing, however, Customer is solely responsible for maintaining and backing-up any Customer data that it uses with the server. Customer, and not Buffini & Company, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership or right to use such data. Buffini & Company will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data that Customer uses with the Service.
15. No Representations or Warranties / Limitations on and Exclusions of Liability.
- The Service, including the Software, or any content provided as part of the Service, including all modifications thereof, and all acts or omissions undertaken or not undertaken relating to any of the foregoing are provided on an "as available" and "as is" basis. Except to the extent prohibited by applicable law, Buffini & Company disclaims all representations, warranties and commitments of any kind with respect to the subject matter including, but not limited to, any and all implied warranties or other commitments of title, merchantability, quality of information or fitness for a particular purpose.
- In no event shall Buffini & Company be liable for any indirect, punitive, special, incidental or consequential damages (including, without limitation, lost profits, revenue or savings, lost data or content, loss of or damage to business opportunity, business interruption or the like) arising out of or relating to this Agreement, or your use of the Service. In any case, Buffini & Company's entire liability under this Agreement or in any way related to the subject matter hereof shall be limited in the aggregate and regardless of the number or timing of the claims asserted to the greater of $2,000.00 or the total fees received by Buffini & Company hereunder for the twelve (12) calendar months immediately preceding the month in which the claim is first filed or asserted against Buffini & Company. These terms shall apply whether or not Buffini & Company has been advised of the possibility or likelihood of the loss, injury, damage or liability suffered or excluded and regardless of the theory of relief asserted (e.g. whether in contract, tort, negligence, breach of warranty, strict liability in tort or by statute or otherwise). Any action against Buffini & Company for relief of any kind must be brought within one (1) year after the cause of the action arose. The terms of this section represent important agreed and bargained for understandings of the parties and Buffini & Company's compensation hereunder reflects such terms.
16. Indemnity. Customer shall indemnify, defend and hold Buffini & Company, as well as its agents, employees and independent contractors harmless from and against all damages, claims, liabilities, losses, or expenses that arise out of Customer's use of the Service, including claims for any infringement by Customer on the intellectual property rights of any third party. This obligation shall survive any termination of this Agreement.
17. Assignment. Customer may not assign this Agreement. Buffini & Company may delegate all or part of the performance of its obligations under this Agreement to independent contractors or other businesses.
18. Severability. If a court holds any provision of this Agreement to be illegal, invalid or unenforceable the rest of this Agreement shall remain in effect and this Agreement will be amended to give effect to the eliminated provision to the maximum extent possible.
19. Waiver. A waiver of any breach of this Agreement will not be a waiver of any other breach.
20. Applicable Law. This Agreement is entered into and governed by the laws of the State of California. All disputes arising from or relating to the enforcement or interpretation of this Agreement shall be resolved in the Superior Court of the State of California for the County of San Diego. Customer consents to jurisdiction and venue in said court for that purpose.
21. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. Each party acknowledges that there have been no promises, assurances or representations proceeding this Agreement which are not expressly set forth herein.
22. Force Majeure. Neither party will be liable for any failure in performance due to causes beyond either party's reasonable control (for example, such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of internet traffic carriers).