Terms and Conditions
1. Acceptance of Terms
This website located at www.crmdragon.com (this "Site") is being provided by Synchronous Technologies, Inc., dba CRM Dragon® ("CRM Dragon®") subject to your acceptance of the following User Agreement ("Agreement") which may be updated by CRM Dragon® from time to time. By becoming a Visitor or User (as defined herein) of the Site, you agree to be bound by the terms of this Agreement. If you have any questions about this Agreement, please contact us at email@example.com before using this Site. All references herein to "we" or "us" refer to CRM Dragon®.
2. Types of Visitors
Any person or entity (through its agents) accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "Visitor" under this Agreement. All Visitors are bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then you should not use or access the Site or its software products. A Visitor who becomes a registered User of the Site shall be deemed a "User." CRM Dragon® and any Visitor shall be deemed "Parties" to this Agreement.
3. Description of Services
CRM Dragon® is an Internet networking service, utilizing web-based software, where users such as business owners, marketing professionals and group members can organize their groups, perform marketing functions, and manage corporate operations. All users of the software are Users under this Agreement.
4. Conditions of Use
In order to become a User, you must register and provide to us certain personally identifiable information, including but not limited to, name, address, and email address, (collectively "Registration Information"). Providing false Registration Information constitutes a material breach of the Agreement. Any League Manager or Team Captain that registers a Player expressly represents that he or she has authority and permission to register such Player.
5. No Endorsement of Content or Businesses
CRM Dragon® makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site. CRM Dragon® does not control the quality, safety, truth or accuracy of the content and makes no representation thereof. CRM Dragon® shall have no obligation to review the Site's content. All content provided by Users of the Site is the sole responsibility of the User, not CRM Dragon®. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, and that under no circumstances will CRM Dragon® be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.
6. Acceptable and Lawful Use of Site
Any Registration Information, computer information, or other information a User or Visitor provides to us in connection with the use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another's privacy, or harm minors in any way; (f) shall not create liability for us or cause us to lose (in whole or in part) the software products or our suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. Visitors shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. CRM Dragon® reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies.
7. Acceptable and Lawful Use of Software
Any software product that is made available, either as a download or otherwise, from the Site is the copyrighted work of CRM Dragon® and/or its affiliates or suppliers. The software products are made available solely for use by end users via the Site. Any use, reproduction, redistribution of the software products not in accordance with the intended use on the Site is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SITE OR SOFTWARE PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
8. License Granted
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Visitors and CRM Dragon®. This Agreement is between the Visitor and CRM Dragon® and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that CRM Dragon® is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release CRM Dragon®, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
10. Posting on CRM Dragon®
You represent and warrant that you own or otherwise control all of the rights to the content you post and that the content is accurate. CRM Dragon® reserves the right, but not the obligation, to refuse to post or to remove any content or portions thereof, in any media worldwide if it contains or features any of the content described in Section 6. With respect to content you submit or make available for inclusion on the Site ('Content"), you grant CRM Dragon® a world-wide, royalty-free, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that CRM Dragon®, its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide.
We utilize secure servers to protect your Registration Information. Users shall not disclose Registration Information to third parties. Users are responsible for all activities which occur under their Registration Information. User agrees to immediately notify us in writing of any unauthorized use of User's account. League Managers and Team Captains agree to refrain from disclosing Registration Information to third parties unless written consent is obtained.
12. Privacy Statement; Email
Visitors agree that they have read and understand the terms of our Privacy Statement at http://www.crmdragon.com/privacy.html which is hereby incorporated into this Agreement by reference. Visitors acknowledge that the Site may link to other sites not controlled by us and that the collection of a Visitor's data by these sites is outside the scope of our control. CRM Dragon® reserves the right to monitor a User's use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from us in connection with the use of the Site and software, including without limitation newsletters, notifications by League Managers, Captains and other Players and reminders of events, event schedules and attendance.
13. System Integrity
Visitors may not use any device, software or routine to interfere with the proper working of the Site. Visitors may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of CRM Dragon®. Visitors may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e., "Spam"). Visitors shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of CRM Dragon®. Information on the Site is frequently updated and is proprietary or is licensed to CRM Dragon®. Visitors agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of CRM Dragon® and the appropriate third party.
14. System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
15. No Warranty
CRM Dragon® provides this web site and the software products "as is" and without any warranty or condition, express, implied or statutory. CRM Dragon® specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Visitor assumes total responsibility and risk for use of this site, use of any service providers obtained from this site, the software products, and hyperlinked web sites. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We make no warranty that the site will meet visitors' requirements, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from CRM Dragon® shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.
16. Other Limitations of Liability
In no event whatsoever shall CRM Dragon®, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages. In any event, liability is limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. CRM Dragon® neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of CRM Dragon®, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
Visitor and User agree to indemnify, defend and hold harmless CRM Dragon®, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Visitor's or User's (directly or through its agents) use of the Site or software products provided hereunder by CRM Dragon® and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.
Notices to User and CRM Dragon® shall be by email or certified mail, return receipt requested. Notices to CRM Dragon® shall be sent to info@CRM Dragon®.com or, if by certified mail, to CRM Dragon®, 249 S. Hwy 101, Suite 525, Solana Beach, San Diego, CA, 92075, USA. Notices to User shall be sent to the email address contained in User's Registration Information. User is responsible for keeping User's Registration Information current. CRM Dragon® shall not be responsible for User's failure to receive notice if User's Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing support@CRM Dragon®.com or by updating their account information online.
19. Electronic Signatures
Visitors and CRM Dragon® agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by the Visitor.
20. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the federal or state courts of San Diego, California and both Parties consent to the jurisdiction thereof.
The Site and any content are offered by CRM Dragon®. CRM Dragon® is located at 249 S. Hwy 101, Suite 525, Solana Beach, CA 92075. Anyone wishing a copy of this Agreement may obtain such by writing CRM Dragon®, accessing the Site, or emailing support@CRM Dragon®.com. Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to CRM Dragon®.
22. No Spam
Sending unsolicited bulk email (spam) is strictly prohibited. All users are required to accept and adhere to CRM Dragon®'s anti-spam policy. This policy also applies to using CRM Dragon's network to send SMS text messages.
Additional Terms for Account Owners
If a Account Owner signs up for a paid subscription, Players on his or her team or group may use the Site to make payments to the Account Owner for events, such as meetings, practices, event fees, sports equipment or other fees or costs relating to the group or team. By signing up for an account, you agree to the following Additional Terms and Conditions:
1. Monthly Membership Fee for Account Owners
You agree that the charge of the Premium Account Membership is a minimum of $4.95 per month for a Account Owner account, which will be charged on your credit card at the end of each 30-day cycle after your initial subscription date. The charge will reflect CRM Dragon®'s parent company, Synchronous Technologies Inc.
2. Additional Benefits
CRM Dragon® offers additional benefits to Premium Accounts (paying subscribers). These include, but are not limited to, more flexible emailing tools, faster contact import functions, and processing of payments for events and seasons. CRM Dragon® offers a store venue ("Store") which allows Premium Account Users to offer and sell items to League Managers, Account Owners, Players and the public at large. CRM Dragon® is not involved in the actual transaction between buyers and sellers.
3. Items Sold via the Store
CRM Dragon® has no control over and does not guarantee or warrant the quality, safety or legality of items advertised, the truth or accuracy of content or listings, including the description of items, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
4. Transfer of Items Sold via the Store
CRM Dragon® does not transfer legal ownership of items from the seller to the buyer. Nothing in this Agreement shall modify the provisions of California Commercial Code Section 2401(2) which provides in part "Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading."
5. Transaction Fees
You agree that CRM Dragon® charges a $1.00 transaction fee for payments made through the Site by Players to Account Owners and payments made through the Store by any buyer. Such transaction fee(s) shall be charged on your credit card at the end of each month. By signing up for the Premium Account, you expressly authorize CRM Dragon® to automatically process all such fees by credit card at the end of each month. All transaction fees are non-refundable. The fee charged by CRM Dragon® will be in addition to any transactional fees paid to PayPal. PayPal is a third party vendor which provides on-line payment services.
6. Restriction on Use of the Store
While using the Store, you will not:
Violate any laws or third party rights;
Use the Store if you are not able to form legally binding contracts or are under the age of 18;
Fail to deliver items purchased from you, unless the buyer fails to meet agreed upon terms;
Circumvent or manipulate CRM Dragon®'s fee structure, billing process or fees owed to CRM Dragon®;
Transfer your account and User Identification to another party without CRM Dragon®'s consent;
Offer to sell or sell any of the following prohibited items:
Adult content and sexually oriented materials including child pornography;
Agricultural compounds including fertilizers;
Alcoholic beverages including beer, wine, spirit, and liquor;
Animals, fish, plants, and wildlife products;
Cigarette, cigar, tobacco, or nicotine products;
Copyrighted items and content which breach any copyright or other intellectual property rights;
Counterfeit items including, coins, currency, and stamps;
Drug paraphernalia and narcotics;
Firearms, fireworks, ammunition, pyrotechnics, and explosives;
Government-issued identification documents including passport, driver license, police badge and insignia;
Human bodies or body parts and bodily fluids;
Illegal telecommunication or electronic equipment such as satellite, digital, cable Law enforcement and military items prohibited by federal and state law;
Lottery and raffle tickets, sweepstakes, pyramid schemes, manufacturer coupons, multiple level marketing programs, etc.;
Mailing lists, personal information, e-mail addresses, or URL's;
Meat, livestock and poultry;
Medicine, medical devices, and health-related supplements;
Weapons such as pepper spray, switchblade knives, ninja stars, or concealed weapons;
Products recalled by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturers;
Slot machines and gambling equipment;
Stocks, bonds, and securities of companies;
Non-transferrable travel packages and offers including vouchers, airplane tickets, train tickets, and timeshare properties; and
Any other item that violates any applicable federal, state or local law or regulation or which CRM Dragon® determines, in its sole discretion, is inappropriate for sale through the Store.
7. Abuse and Misuse of Store
CRM Dragon® may terminate your account and services at any time upon notice to you. CRM Dragon® may also, but has no duty, to immediately terminate its services, terminate your access and password and/or remove any content. Upon termination, you will remain responsible for any applicable transaction fees. Termination by any account owner requires 30 days written advance notice. An account owner may request a refund for any unused prepayments that were collected by Synchronous Technologies. All subscription-related refunds will be pro-rated with the remaining balancing starting 30 days from the receipt of the request to cancel the account. This refund will be processed within 30 days of receipt of the account termination request and will be in the form of a credit to the card we have on file.
9. Limitation of Liability
CRM Dragon® provides the Store "as is" and without any warranty or condition, express, implied or statutory. To the fullest extent legally permitted, CRM Dragon® specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Visitors and Users assume total responsibility and risk for use of the Store. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. CRM Dragon® cannot guarantee continuous or secure access to its services and operation of the Store may be interfered with by factors outside of its control. CRM Dragon® is not liable for any loss of money, goodwill or reputation or special, indirect, or consequential damages arising out of your use of the Store or CRM Dragon®'s services. CRM Dragon® assumes no risk of liability in connection with the transactions between Players and Account Owners, and any dispute between a Player and a Account Owner shall be handled directly between the Player and Account Owner. CRM Dragon® assumes no risk of liability in connection with the transactions between a seller and buyer using the Store, and any dispute between a seller and buyer using the Store shall be handled directly between the seller and buyer.
Additional Terms for Members of Groups
Members of groups may have additional benefits provided to them. There are no additional monthly fees charged to group members.
1. Transaction Fees
You agree that PayPal and CRM Dragon® charge fees for payments made through the Site. Such transaction fee(s) are in addition to event and season fees charged by the Captain. By providing your billing information through the CRM Dragon® and PayPal payment systems, you expressly authorize PayPal and CRM Dragon® to automatically process all such fees. All transaction fees are non-refundable. PayPal is a third party vendor which provides on-line payment services.
2. Limitation of Liability
CRM Dragon® assumes no risk of liability in connection with these transactions, and any disputes shall be handled directly between the parties and not involve CRM Dragon® whatsoever.
Additional Terms for Sponsors
Individuals, companies, and other entities may choose to sponsor a CRM Dragon® group or company ("Sponsors"). Sponsors and their sponsorships are displayed on the group Website, at the discretion of the group organizer. Some accounts provide an online mechanism for a third party to become a Sponsor directly through the group Website.
1. Transaction Fees
You agree that PayPal and CRM Dragon® charge fees for payments made through the Site by Sponsors to Account Owners. Such transaction fee(s) are in addition to sponsorship fees charged by the Account Owner. By providing your billing information through the CRM Dragon® and PayPal payment systems, you expressly authorize PayPal and CRM Dragon® to automatically process all such fees. All transaction fees are non-refundable. PayPal is a third party vendor which provides on-line payment services.
2. Limitation of Liability
CRM Dragon® assumes no risk of liability in connection with the transactions between Sponsors and Account Owners, and any dispute between a Sponsor and an Account Owner shall be handled directly between the Sponsor and Account Owner.
Additional Terms for Resellers
Individuals, companies, or other entities may choose to resell the CRM Dragon® software ("Resellers") under their own or a co-branded portal. Resellers have the ability to create, modify, and delete individual accounts and are responsible for the behavior and payment of the accounts they create, modify, and/or delete.
1. Reseller Responsibilities and Fees
Resellers are charged on 30-day cycles for the aggregate use of their portal. Pricing applicable to resellers is available in a dedicated Portal Manager page and much be paid in full on the last day of the 30-day billing cycle.
Resellers are responsible for paying for accounts, contacts loaded, emails sent, transactions facilitated, and any other applicable incremental costs associated with the accounts associated with their Reseller account.
2. Limitation of Liability
CRM Dragon® assumes no risk of liability with transactions between Resellers and their accounts, and any dispute between a Reseller and a Team Captain or Account Owner shall be handled directly between the Reseller and the Account Owner.
3. Support of Reseller Accounts
CRM Dragon® staff will use best efforts to assist Reseller and Reseller's end users, as requested by Reseller or Reseller's Clients. Reseller understands that CRM Dragon® may require participation of the Reseller in resolving technical support issues and that Reseller will also exercise its best efforts to assist CRM Dragon® in assisting Reseller's Clients.
CRM Dragon® may conduct training from time to time to assist Reseller. Such training may be funded in part or wholly by Reseller, depending on mutually agreed-upon terms before such training is to take place.
4. Marketing of Reseller's Version of the Software
Reseller is responsible for marketing the use, applications, advantages, and capabilities of the Software. CRM Dragon® will assist when possible, but the costs to promote and advertise Reseller's version of the Software will be borne fully by Reseller.
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