FollowUp Personal CRM - Terms of Service

Privacy Policy – How we maintain and protect your personal information in FollowUp

  1. Description of Service. Followup Personal CRM is a personal CRM service (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Followup Personal CRM disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Followup Personal CRM also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
  2. Personal Use. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), Followup Personal CRM is a personal CRM service (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Followup Personal CRM disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Followup Personal CRM also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
  3. 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 Followup Personal CRM Program Policies ("Program Policies"), located at https://personalcrm.Followup Personal CRM/privacy, or such other URL as Followup Personal CRM may provide from time to time. 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 Followup Personal CRM; (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; or (iv) use the Service for any fraudulent or inappropriate purpose. 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. Followup Personal CRM 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.
  4. Content of the Service. Followup Personal CRM takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Followup Personal CRM have any obligation to monitor such third party content. Followup Personal CRM 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. Followup Personal CRM 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, (d) respond to user support requests, or (e) protect the rights, property or safety of Followup Personal CRM, its users and the public. Followup Personal CRM will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
  5. Your Intellectual Property Rights. Followup Personal CRM does not claim any ownership in any of the content that you upload, transmit or store in your Followup Personal CRM account. We will not use any of your content for any purpose except to provide you with the Service.
  6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Followup Personal CRM 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.
  7. Privacy. As a condition to using the Service, you agree to the terms of the Followup Personal CRM Privacy Policy as it may be updated from time to time. Followup Personal CRM understands that privacy is important to you. You do, however, agree that Followup Personal CRM may monitor, edit or disclose your personal information, 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 Followup Personal CRM Privacy Policy.
  8. Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a period of nine months, Followup Personal CRM reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
  9. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by contacting support; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Followup Personal CRM 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. Except as set forth above or unless Followup Personal CRM has previously canceled or terminated your use of the Services (in which case subsequent notice by Followup Personal CRM shall not be required), Followup Personal CRM will notify you via email of any such termination or cancellation, which shall be effective immediately upon Followup Personal CRM's delivery of such notice. Sections 3, 4, 5, 7, and 9 - 11 of the Agreement shall survive expiration or termination.
  10. Indemnification. You agree to hold harmless and indemnify Followup Personal CRM, 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, Followup Personal CRM will provide you with written notice of such claim, suit or action.
  11. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Massachusetts, United States of America, and you consent to the jurisdiction of such courts.
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