1. ACCEPTANCE OF TERMS
By accessing and using the BearTrack CRM (“Service”), you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
2. DESCRIPTION OF SERVICE
BearTrack CRM is a web-based CRM solution provided by AB IT Data Tech LLC. The Service includes, but is not limited to, any service and/or content AB IT Data Tech LLC makes available to or performs for you, as well as the offering of any materials displayed, transmitted, or performed on the Service or through the Service.
3. YOUR REGISTRATION OBLIGATIONS
To be a registered user of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
4. AB IT DATA TECH LLC PRIVACY POLICY
Your Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at https://atomic-temporary-216078150.wpcomstaging.com/privacy-policy.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
6. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
7. INDEMNITY
You agree to indemnify and hold AB IT Data Tech LLC and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the BearTrack CRM Service.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that AB IT Data Tech LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. MODIFICATIONS TO SERVICE
AB IT Data Tech LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AB IT Data Tech LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
10. TERMINATION
You agree that AB IT Data Tech LLC may, under certain circumstances and without prior notice, immediately terminate your BearTrack CRM account and access to the Service. Cause for such termination shall include, but not be limited to, breaches or violations of the Terms of Service or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification to the Service (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, and/or engagement by you in fraudulent or illegal activities. Termination of your BearTrack CRM account includes removal of access to all offerings within the Service, deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and barring of further use of the Service. Further, you agree that all terminations for cause shall be made in AB IT Data Tech LLC’s sole discretion and that AB IT Data Tech LLC shall not be liable to you or any third party for any termination of your account or access to the Service.
11. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that AB IT Data Tech LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AB IT Data Tech LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
12. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
13. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. AB IT Data Tech LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. b. AB IT Data Tech LLC makes no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
14. LIMITATION OF LIABILITY
You expressly understand and agree that AB IT Data Tech LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if AB IT Data Tech LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the service.
15. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
16. NOTICE
Notices to you may be made via email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
17. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and AB IT Data Tech LLC and govern your use of the Service, superseding any prior agreements between you and AB IT Data Tech LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The Terms of Service and the relationship between you and AB IT Data Tech LLC shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. The failure of AB IT Data Tech LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.