Buffini & Company Referral Maker™ CRM Agreement & Terms of Use

1. Introduction.

These Terms of Use are an agreement between Buffini & Company and the Customer. By clicking the "I Agree" or similar button or by accessing this website or using the services related to the website, including any software made available through or as part of the website, you agree to be bound by the following terms and conditions.

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.

2. Definitions.

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.

4. Subscription.

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.

5. License.

6. Rights and Limitations on Use.

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.

13. Privacy & Access to Account.

14. Intellectual Property Rights.

15. No Representations or Warranties / Limitations on and Exclusions of Liability.

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).