AgileContacts Terms of Service

Welcome to AgileContacts! Before you register for your AgileContacts account, you must read and agree to these AgileContacts Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"): Although we may attempt to notify you via your email address when major changes are made, you should visit this page periodically to review the terms. AgileContacts may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the AgileContacts service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

Description of Service

AgileContacts is a service that focuses on customer relationships (the "Service").  In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. AgileContacts disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. AgileContacts also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Personal Use

The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. AgileContacts reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the AgileContacts Terms of Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by AgileContacts; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. AgileContacts reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Modifications to the Service and Prices

AgileContacts 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.  Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the AgileContacts Site (http://www.AgileContacts.com/) or the Service itself.  AgileContacts shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Content of the Service

AgileContacts takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does AgileContacts have any obligation to monitor such third party content. AgileContacts reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. AgileContacts also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of AgileContacts, its users and the public. AgileContacts will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Intellectual Property Rights

AgileContacts's Intellectual Property Rights. You acknowledge that AgileContacts owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "AgileContacts Rights"), and such AgileContacts Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The AgileContacts Rights include rights to (i) the Service developed and provided by AgileContacts; and (ii) all software associated with the Service. The AgileContacts Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights

AgileContacts does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your AgileContacts account. We will not use any of your content for any purpose except to provide you with the Service.

Representations and Warranties

You represent and warrant that (a) all of the information provided by you to AgileContacts to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Privacy

As a condition to using the Service, you agree to the terms of the AgileContacts Privacy Policy as it may be updated from time to time. AgileContacts understands that privacy is important to you. You do, however, agree that AgileContacts may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the AgileContacts Privacy Policy. Personal information collected by AgileContacts may be stored and processed in the United States or any other country in which AgileContacts Inc. or its agents maintain facilities. By using AgileContacts, you consent to any such transfer of information outside of your country.

Publicity

Any use of AgileContacts's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement.

Termination; Cancellation

You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to AgileContacts; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. AgileContacts may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Indemnification

You agree to hold harmless and indemnify AgileContacts, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, AgileContacts will provide you with written notice of such claim, suit or action.

Choice of Law; Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to its conflict of laws provisions or your actual state, province or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the Province of Alberta, Canada, and you consent to the jurisdiction of such courts.


Last Modified: January 2006