Terms of Service

These Terms of Service (“Agreement”) govern your use of all Asentor-crm services (“Service"), as described in the Form submitted by you and accepted by Asentor-crm
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to legal@Asentor-crm.com.

Access to Service
As part of the Service, Asentor-crm will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Asentor-crm website incorporated by reference herein, including but not limited to Asentor-crm's privacy and security policies.

Asentor-crm Service
The Asentor-crm Service is offered in several editions:Professional EditionPremium Edition

Privacy, Security, Disclosure
Asentor-crm's privacy and security policies may be viewed at http://www.Asentor-crm.com. Asentor-crm reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, Asentor-crm occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Asentor-crm can disclose the fact that you are a paying customer and the edition of the Service that you are using.

License Grant and Restrictions
Asentor-crm hereby grants to you a non-exclusive, non-transferable, royalty-free license, exercisable solely during the Term of this Agreement, to use applicable Asentor-crm Technology solely for the purpose of accessing and using the Service. Customer may not use the Asentor-crm Technology for any purpose other than accessing and using the Service. Except for the rights expressly granted above, this Agreement does not transfer from Asentor-crm to Customer any Asentor-crm Technology, and all rights, titles and interests in and to the Asentor-crm Technology shall remain solely with Asentor-crm. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets or Proprietary Information from any of the Asentor-crm Technology.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.

Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Asentor-crm immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (ii) report to Asentor-crm immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Asentor-crm user or provide false identity information to gain access to or use the Service.

Account Information and Data
Asentor-crm does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not Asentor-crm, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Asentor-crm shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Asentor-crm will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. Asentor-crm reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Asentor-crm shall have no obligation to maintain or forward any Customer Data.

Intellectual Property Ownership
Asentor-crm alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Asentor-crm Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Asentor-crm Technology or the Intellectual Property Rights owned by Asentor-crm The Asentor-crm name, the Asentor-crm logo, and the product names associated with the Service are trademarks of Asentor-crm or third parties, and no right or license is granted to use them.

Third Party Interactions
Asentor-crm sites may frame, and/or contain links to or advertisements about, non-Asentor-crm Web sites. Other sites may also reference, advertise, or link to Asentor-crm sites. Asentor-crm does not endorse or sponsor other Web sites and is not responsible for the content of such sites. Asentor-crm expressly disclaims any statements or assertions made on non-Asentor-crm Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements. Asentor-crm provides these links to you only as a matter of convenience. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

Charges and Payment of Fees
All payments to Asentor-crm are nonrefundable. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Fees will be billed monthly. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide Asentor-crm with valid credit card information as a condition to signing up for the Service. An authorized License Administrator may add licenses by using the Online Order form. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be charged in full for that billing month. Asentor-crm reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.

Excess Data Storage Fees
The maximum disk storage space provided to you at no additional charge is 512 MB per user. If the amount of disk storage needed exceeds these limits, you will be required to add more users.

Billing and Renewal
Asentor-crm charges and collects in advance for use of the Service. Asentor-crm will automatically renew and bill your credit card and issue an electronic invoice to you every month. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect during the prior term, unless Asentor-crm has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Asentor-crm's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Asentor-crm's income.
You agree to provide Asentor-crm with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Asentor-crm reserves the right to terminate your access to the Service in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Non-Payment and Suspension
In addition to any other rights granted to Asentor-crm herein, Asentor-crm reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). You will continue to be charged for User licenses during any period of suspension. If you or Asentor-crm initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Asentor-crm may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
You agree and acknowledge that Asentor-crm has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

Termination upon Expiration/Reduction in Number of Licenses
This Agreement commences on the Effective Date. For Professional Edition licenses, the Initial Term is one month, commencing on the date you agree to pay for the Service by completing the online subscription form or otherwise. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at Asentor-crm's then current fees. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event this Agreement is terminated (other than by reason of your breach), Asentor-crm will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that Asentor-crm has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

Termination for Cause
Any breach of your payment obligations or unauthorized use of the Asentor-crm Technology or Service will be deemed a material breach of this Agreement. Asentor-crm, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Asentor-crm may terminate a free trial account at any time in its sole discretion. You agree and acknowledge that Asentor-crm has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

Representations and Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Asentor-crm represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Asentor-crm help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

Disclaimer of Warranties
THE SITE, SITE CONTENT, SITE CODE, SERVICES, THE APPLICATIONS AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASENTOR-CRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. ASENTOR-CRM DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. ASENTOR-CRM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ASENTOR-CRM) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ASENTOR-CRM BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF ASENTOR-CRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE ASENTOR-CRM TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, ASENTOR-CRM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ASENTOR-CRM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO ASENTOR-CRM, IF ANY, FOR ACCESSING THIS SITE.

Modification to Terms
Asentor-crm reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

General
With respect to U.S. Customers, this Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. No joint venture, partnership, employment, or agency relationship exists between you and Asentor-crm as a result of this agreement or use of the Service. The failure of Asentor-crm to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Asentor-crm in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Asentor-crm and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Severability
If any provision of this Agreement shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

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