Sales Builder Systems, LLC. Services
Sales Builder Systems, LLC's. services include, but are not limited to:
1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data, database information and the space on the particular Web server that Sales Builder Systems, LLC. provides to customers);
2. any use by customers, or any access provided to customers by Sales Builder Systems, LLC., of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by Sales Builder Systems, LLC. to customers, related to automated marketing & communications (via email, direct mail, text messaging (SMS), voice broadcast, or social media) including server usage and technical support, regardless of duration and whether paid for or not;
4. any provision by Sales Builder Systems, LLC. to customers, of any software, space, Internet connectivity, or electrical power;
5. any access or use related to the Sales Builder Systems, LLC's. Web site, including the Web site itself;
6. any other service mentioned in the TOS;
7. any other service provided by Sales Builder Systems, LLC. to customers, whether used or not;
8. any other Sales Builder Systems, LLC. services that are used by customers, whether offered or provided by Sales Builder Systems, LLC. to customers.
Sales Builder Systems, LLC. reserves the right to amend, add, or discontinue any of the Sales Builder Systems, LLC's. services offered and to add, delete, suspend or modify the terms and conditions of the Sales Builder Systems, LLC. services at any time and to determine whether and when any such changes will apply to either or both existing and future customers.
Service Fees
Sales Builder Systems, LLC. may charge set up fees, recurring service fees, and other one-time fees for optional services. Unless otherwise specified in any written offer or promotion, the Service Fees published on the Sales Builder Systems, LLC. order form for the particular services you ordered are applicable to all transactions between you and Sales Builder Systems, LLC. Sales Builder Systems, LLC. may amend the Service Fees associated with any of the Services at any time at its sole discretion without notice to you.
Ownership of Web Site
The legal owner of customers' accounts and Web sites with Sales Builder Systems, LLC. will be the individual or organization whose name is listed in Sales Builder Systems, LLC's. database as the owner. Customers will fully cooperate with and abide by any and all of Sales Builder Systems, LLC's. security measures and procedures in the event of any dispute over ownership of customers' accounts and Web sites with Sales Builder Systems, LLC.
Customer Responsibility
Customers are required to use the Sales Builder Systems, LLC. network responsibly. This includes respecting the other customers of Sales Builder Systems, LLC. Sales Builder Systems, LLC. reserves the right to suspend and/or cancel service with any customer who uses the Sales Builder Systems, LLC. network in such a way that adversely affects other Sales Builder Systems, LLC. customers. While Sales Builder Systems, LLC. may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Sales Builder Systems, LLC. does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when Sales Builder Systems, LLC. becomes aware of any violation of the TOS or other user agreements, Sales Builder Systems, LLC. may take any action to stop or correct such violation, including, but not limited to, denying access to Sales Builder Systems, LLC's. services and equipment or to the Internet.
Actions Taken by Sales Builder Systems, LLC.
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Sales Builder Systems, LLC. will be the sole arbiter as to what constitutes a violation of the TOS. Sales Builder Systems, LLC. reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Sales Builder Systems, LLC. becomes aware of an alleged violation of its TOS, Sales Builder Systems, LLC. will initiate an investigation. During the investigation, Sales Builder Systems, LLC. may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Sales Builder Systems, LLC. may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Sales Builder Systems, LLC. will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Sales Builder Systems, LLC. does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Sales Builder Systems, LLC.
Indemnification
Sales Builder Systems, LLC. customers agree to protect, defend, hold harmless, and indemnify Sales Builder Systems, LLC., any third party entity related to Sales Builder Systems, LLC. (including, without limitation, third party vendors), and Sales Builder Systems, LLC's. executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Sales Builder Systems, LLC's. services.
Disclaimer
The Sales Builder Systems, LLC. service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Sales Builder Systems, LLC. expressly disclaims any representation or warranty that the Sales Builder Systems, LLC. service will be error-free, secure or uninterrupted. No oral advice or written information given by Sales Builder Systems, LLC., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Sales Builder Systems, LLC. and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Sales Builder Systems, LLC. may immediately terminate provision of Sales Builder Systems, LLC. services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Sales Builder Systems, LLC. in such event.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will Sales Builder Systems, LLC. (including, without limitation, Sales Builder Systems, LLC's. executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing Sales Builder Systems, LLC's. services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or Sales Builder Systems, LLC. services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any Sales Builder Systems, LLC. services even if Sales Builder Systems, LLC. has been advised of the possibility of such damages. All claims and causes of actions arising in connection with Sales Builder Systems, LLC. or Sales Builder Systems, LLC's. services are permanently barred unless the claim or cause of action is commenced within 6 months after the basis of the claim or the cause of action arose, regardless of any statutory limitation period allowing for a longer period. Sales Builder Systems, LLC's. total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOS or Sales Builder Systems, LLC's. services, including, without limitation, those from any negligence, any act or omission by Sales Builder Systems, LLC. or Sales Builder Systems, LLC's. representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
Modifications
Sales Builder Systems, LLC. may discontinue, upgrade, replace, modify, or change in any way, without limitation, any Sales Builder Systems, LLC. service, and/or any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Sales Builder Systems, LLC's. services. Certain changes to Sales Builder Systems, LLC's. services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Sales Builder Systems, LLC. is not liable, for any and all such personalized content, except as expressly agreed to by Sales Builder Systems, LLC. Sales Builder Systems, LLC. may but is not obligated to provide customers with notice of any such modifications.
Third Party Licenses
Sales Builder Systems, LLC. makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Sales Builder Systems, LLC. makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Sales Builder Systems, LLC. specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Sales Builder Systems, LLC. liable in any way for the revocation of any license, which has been licensed to Sales Builder Systems, LLC. The use of the Technologies obtained from or through Sales Builder Systems, LLC., or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Sales Builder Systems, LLC. Products
Any mention of non-Sales Builder Systems, LLC. products by Sales Builder Systems, LLC., its employees, or any third party entity related to Sales Builder Systems, LLC. is for information purposes only and does not constitute an endorsement or recommendation by Sales Builder Systems, LLC.. Sales Builder Systems, LLC. disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Sales Builder Systems, LLC. products or services.
Sales Builder Systems, LLC. Intellectual Property
Customers will not, without Sales Builder Systems, LLC's. express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Sales Builder Systems, LLC's. Web site, and customers will not use any of Sales Builder Systems, LLC's. trademarks, service marks, copyrighted materials, or other intellectual property without Sales Builder Systems, LLC's. express written consent. Customers will not, in any way, misrepresent their relationship with Sales Builder Systems, LLC..
Assignment
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Sales Builder Systems, LLC's. services, either in whole or in part, without the prior written consent of Sales Builder Systems, LLC.
Minimum Age Requirement
Sales Builder Systems, LLC. customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a Sales Builder Systems, LLC. customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Sales Builder Systems, LLC. services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Sales Builder Systems, LLC's. express written consent to the contrary. Any acceptance of the TOS or any other agreement for Sales Builder Systems, LLC's. services will be deemed null and void to the extent that Sales Builder Systems, LLC. will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Sales Builder Systems, LLC's. services.
Privacy
Sales Builder Systems, LLC. is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Sales Builder Systems, LLC. urges its customers to assume that all of their on-line communications are insecure. Sales Builder Systems, LLC. cannot take any responsibility for the security of information transmitted over Sales Builder Systems, LLC's. facilities. Additional details on privacy and Sales Builder Systems, LLC's. use of customer information can be found in Sales Builder Systems, LLC's. Privacy Policy.
Governing Law and Severability
The TOS, and any other agreement for Sales Builder Systems, LLC. services, will be governed by and construed in accordance with the laws of the State of Ohio, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Sales Builder Systems, LLC. will take place in Ohio, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Sales Builder Systems, LLC. agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Force Majeure
Sales Builder Systems, LLC. will not be liable for delays in its performance of the TOS or Sales Builder Systems, LLC. services caused by circumstances beyond Sales Builder Systems, LLC's. reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Sales Builder Systems, LLC. will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the TOS or other agreement for Sales Builder Systems, LLC. services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Sales Builder Systems, LLC..
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Sales Builder Systems, LLC. and its customers. Each of Sales Builder Systems, LLC. and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for Sales Builder Systems, LLC. services, constitutes the complete understanding and agreement between Sales Builder Systems, LLC. and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Sales Builder Systems, LLC., the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Sales Builder Systems, LLC. services is between Sales Builder Systems, LLC. and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Sales Builder Systems, LLC.
Third Party Providers
You agree that certain services may be provided by third party providers of Sales Builder Systems, LLC. and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
