SalesDirector.ai, Inc. (“Company” or “We” or “Us” or “Our”) is a California corporation and is the owner of this Website, https://www.salesdirector.ai, and the SalesDirector.aiTM software as a service (SaaS) (“Services”) that are accessible through this Website.
www.salesdirector.ai is a website that provides both general information about Our company, products and services as well as a portal through which the Authorized Users of Subscribers access the SalesDirector.ai SaaS Services.
This Agreement is between You and SalesDirector.ai, Inc. and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
This Agreement constitutes the entire and only Agreement between You and SalesDirector.ai, Inc., and supersedes all other Agreements, representations, warranties and understandings with respect to the Website, Content, Services, and the subject matter contained herein. We may amend this Agreement at any time without specific notice to You. The latest Agreement will be posted on the Website, and You should review this Agreement prior to using the Website. After any revisions to this Agreement are posted, You agree to be bound to any changes to this Agreement. Therefore, it is important for You to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If You do not accept this Agreement, do not access and use the Website. If You have already accessed the Website and do not accept this Agreement, You should immediately discontinue use of the Website/Service.
The provisions of this Agreement shall apply to all Users of the Website and Services. Notwithstanding the foregoing: (i) In the event of a conflict between any provision of this Agreement and the Subscription agreement executed by a Subscriber then the provisions of the Subscription Agreement shall apply with respect to any Authorized Users of such Subscriber; and (ii) In the event of a conflict between any provision of this Agreement and the End User License Agreement then the provisions of the End User License Agreement shall apply with respect to any Authorized User.
SalesDirector.ai grants You a non-exclusive, non-transferable, revocable license to access and use the Website and Services strictly in accordance with this Agreement. Your use of the Website and Services is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. Company reserves the right to change any and all Content, software and other items used or contained in the Website and Services, at any time without notice. All Content is provided and accepted on an “as is” and “as available” basis and with all faults or inaccuracies. We make no warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
You may view some of Our Content without becoming a Registered User of the Website or an Authorized User of the Services. However, in order to interact with the Website or Services You must register with the Website and become a Registered User or Authorized User. Your registration is not transferable or assignable and is void where prohibited. Our services are intended solely for people at least age 18 years of age or older. If You are under the age of 18 or older, depending on Your state’s age of majority for entering into binding contracts, You will need Your parent’s permission. Any registration by anyone under such age, is unauthorized, unlicensed and in violation of these Terms of Service. By using the Website, You represent and warrant that You are at least 18 or older or have Your parent’s permission, can enter into binding contracts, and that You agree to and to abide by all of the terms and conditions of this Agreement.
SalesDirector.ai, Inc. has the sole right and discretion to determine whether to accept a Registered User or Authorized User and may reject a registration with or without explanation. When You complete the registration process, You will create a password that will allow You to access the features for which you have registered. You agree to maintain the confidentiality of Your password and are fully responsible for all liability and damages resulting from Your failure to maintain that confidentiality and all activities that occur through the use of Your password. You agree to immediately notify us of any unauthorized use of Your password or any other breach of security. You agree that Company cannot and will not be liable for any loss or damage arising from Your failure to comply with password security as discussed herein.
You hereby acknowledge that nothing contained in the Website or through Our Services shall constitute professional advice and that no professional relationship of any kind is created between You and Company. We make no guarantees with regard to the Services or information contained on the Website, to their accuracy or use for a specific purpose, and to their effect on You, Your business opportunities, Your employment, or Your income. You acknowledge that Company shall have no liability or responsibility to You or any other person as a result of Your use, actions, or reliance upon the Website or Services.
the Website will respond quickly to claims of copyright infringement as found in Our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If You believe any of Your copyrights are infringed by Our Content, please provide us with a written notice via mail or email that contains the following information:
All Content on the Website and Services including any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Website and Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website and Services are owned by Company or its Affiliates or used with permission or under license from a third party, and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Company and Users, all right, title and interest in and to the Content will at all times remain with Company and its Affiliates. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Site and Services, are registered and/or common law trade names, trademarks or service marks of Company or its Affiliates.
Your use of the Website does not constitute any right or license for You to use Ours or others’ service marks/trademarks, without the prior written permission of Company or the corresponding service mark/trademark owner. Our Content, as found within the Website and Services, is also protected under United States and International copyrights. The copying, redistribution, use or publication by You of any such Content, is strictly prohibited. Your use of the Website and Services does not grant You any ownership rights to Our Content.
You may provide links to the Website, provided (a) that You do not remove or obscure, by framing or otherwise, any portion of the Website, (b) Your website does not engage in illegal or immoral activities, and (c) You discontinue providing links to the Website immediately upon Our request.
COMPANY WILL USE REASONABLE EFFORTS CONSISTENT WITH PREVAILING INDUSTRY STANDARDS TO MAINTAIN THE WEBSITE IN A MANNER WHICH MINIMIZES ERRORS AND INTERRUPTIONS IN THE WEBSITE. SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED MAINTENANCE OR FOR UNSCHEDULED EMERGENCY MAINTENANCE OR FOR OTHER REASONS. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESSING THE WEBSITE OR USING INFORMATION CONTAINED IN OR EMANATING FROM THE WEBSITE. COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO REGISTERED USER’S OR TO ANY OTHER PERSON’S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE PROVIDED THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PERSON OR PROPERTY RESULTING EITHER FROM ACCESS OR THE LACK OF ACCESS TO THIS WEBSITE EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE WEBSITE IS PROVIDED “AS IS” AND SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE PROVISIONS SHALL APPLY TO ALL VISITORS AND REGISTERED USERS.
USERS ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THIS WEBSITE AND ITS CONTENT. COMPANY AND ITS AFFILIATES SHALL HAVE NO LIABILITY OR RESPONSIBILITY AND MAKE NO WARRANTY, REFUND OR OTHER RESTITUTION FOR ANY REASON WHATSOEVER, EXCEPT FOR PAID SERVICES OBTAINED DIRECTLY FROM THIS WEBSITE IN WHICH EVENT OUR LIABILITY FOR SUCH PAID SERVICES SHALL BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH SALE. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS OR LOST DATA ARISING FROM YOUR USE OR FAILURE OF ACCESS OF THE WEBSITE AND SERVICES.
You agree to indemnify, defend and hold harmless Company and Our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, attorneys, advertisers, sponsors, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to Your violation of this Agreement, including the Acceptable Use Policy, or Your use of the Website.
You understand and agree that if You violate the terms of this Agreement or if You do not login to the Website at least every ninety (90) days, Company reserves the right to automatically terminate Your Registered User access without notice to You. You may also voluntarily terminate Your Registered User access. Company may also terminate a Registered User account for violation of this Agreement or the Acceptable Use Policy.
YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST COMPANY ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION PROVISION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST COMPANY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST COMPANY BY SOMEONE ELSE.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or Our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and Our Service, shall be settled solely by binding arbitration in accordance with the commercial or consumer arbitration rules, as appropriate, of the American Arbitration Association. The arbitration shall be conducted in Orange County, state of California, in the United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California, United States, necessary to protect the rights or property of You and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, You and Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
If any portion of this arbitration provision is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This Agreement is governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may otherwise be provided in the FAA. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of California law to interpret these Agreement and the forum for disputes asserting a breach of this Agreement shall not be interpreted as generally extending California law to you if you do not otherwise reside in California.
Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post as follows:
NON-LEGAL NOTICES: SalesDirector.ai, Inc., 14271 Jeffrey Rd, #270 Irvine, CA 92620
LEGAL NOTICES TO: Company’s Registered Agent as indicated in Company’s incorporation filing with the California Secretary of State. Click Here to Search.
You may not assign these Terms without Company's prior written approval. Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Company or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
BY ACCESSING, BROWSING OR USING THE WEBSITE OR SERVICES, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE INTERACTING WITH THIS WEBSITE, USERS (i) REPRESENT (THAT THEY ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SalesDirector.ai, Inc. AND (ii) THEY AGREE TO COMPLY WITH AND BE BOUND BY THIS ACCEPTABLE USE POLICY.
Last Updated: July 14, 2017