Terms and Conditions
1. Acceptance of Terms
The website, located at www.CompleteCRM.com (the "Site") has been provided by Synchronous Technologies, Inc., a Washington corporation, dba Complete CRM® (hereinafter "Complete CRM®") to any person or entity that accesses, browses, or otherwise uses the Site, either manually or via an automated device or program (hereinafter “User” or “Users”). The Site is subject to User acceptance of the following Terms of Use ("Agreement") which may be updated by Complete CRM® from time to time. By becoming a User of the Site, User agrees to be bound by all terms of this Agreement. If User has any questions about this Agreement, please contact Complete CRM® at info@Complete CRM.com before using this Site.
2. Description of Services
Complete CRM® is an Internet networking service provider, utilizing web-based software, where people such as business owners, marketing professionals and group members can organize their groups, perform marketing functions, and manage corporate operations. As described above, anyone who takes advantage of the aforementioned software in any way, form, or fashion, shall be considered a User for purposes of this Agreement.
3. Conditions of Use
If a User chooses to register on the Site, such User must provide certain personally identifiable information, including but not limited to, name, address, and email address, (collectively "Registration Information"). Providing false Registration Information on the Site constitutes a material breach of this Agreement, to which Complete CRM® may immediately terminate User’s access to the Site. If a User is registered though the use of a proxy, a league manager, or a team captain, that particular representative expressly represents that he, she, or it has the proper authority and permission to register such player or User on the Site. Any false or misrepresentation of authority is cause for immediate termination of access to the Site.
4. No Endorsement of Content or Businesses
Complete CRM® makes no representations, warranties, or endorsements, express or implied, regarding the quality, accuracy, reliability or condition of any content posted on the Site, regardless of who posted such content or when it was posted or for what purpose it was posted. Complete CRM® does not control the quality, safety, truth or accuracy of the content that is posted on the Site and makes no representation thereof. Complete CRM® shall have no obligation to review the Site's content and User understands this. All content provided by Users of the Site is the sole responsibility of the User, not Complete CRM®. User understands that by making any use of the Site whatsoever, User may be exposed to content that is inaccurate, misleading, or content that User may otherwise find objectionable. User hereby agrees that User shall evaluate and assume all risks and liability associated with the use of any content, and that under no circumstances will Complete CRM® or any of its affiliates, 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.
5. Acceptable and Lawful Use of Site
Any Registration Information, computer information, or other information User provides to Complete CRM® in connection with User’s 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 of any kind, 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 Complete CRM® or cause Complete CRM® to lose (in whole or in part) the software products or Complete CRM®’s suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. User’s shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. Complete CRM® reserves the right to report any wrongdoing, if Complete CRM® becomes aware of it, to the applicable government agencies. If User breaches any provision of this paragraph, Complete CRM® may not only immediately terminate User’s access to the Site, but User agrees that Complete CRM® shall bring any and all legal action against User allowed within the law for such tortious conduct.
6. Acceptable and Lawful Use of Software
Any use, reproduction, redistribution of any products by User, software or otherwise, that are not in accordance with the intended use of the Site, are expressly prohibited by this Agreement, the law, and can result in severe civil and criminal penalties. Complete CRM® may, at its sole discretion, prosecute violators to the maximum extent of the law.
ANY COPYING, DISTRIBUTION, REPRODUCTION, REDISTRIBUTION, OR FURTHER REDISTRIBUTION OF THE SITE OR ANY SOFTWARE PRODUCTS TO ANY OUTSIDE LOCATION, OTHER SERVER, OUTSIDE PARTY, ENTITY, OR PERSON, IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF Complete CRM®.
7. License Granted
User grants Complete CRM® a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights User has in the Registration Information provided to Complete CRM® by User, in any media, whether now known, or hereafter to become known. Complete CRM® may only use Registration Information in accordance with its Privacy Policy. User may find the Complete CRM® Privacy Policy at https://www.completecrm.com/privacy.
8. Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to be created or in fact created by this Agreement between User and Complete CRM®. This Agreement is between the User and Complete CRM® 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 User and any third party, User understands and agrees that Complete CRM® shall not be under any obligation to become involved. In the event that one User has a dispute with one or more other Users or third parties, both Users hereby expressly and unconditionally release Complete CRM®, Complete CRM®’s 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. User shall also fully indemnify Complete CRM®, its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorneys fees.
9. Posting on Complete CRM®
User represents and warrants that User completely owns or otherwise has full lawful rights and control over all of the rights to the content to which User has posted or will post, or use, and such content is of an accurate nature. Complete CRM® 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 content Complete CRM®, in its sole discretion, deems inappropriate. With respect to content User submits or make available for inclusion on the Site, (“Content"), User grants Complete CRM® a world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable 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 Complete CRM®, 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.
10. Security
Complete CRM® utilizes reasonably secure servers to protect Users Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify Complete CRM® in writing of any unauthorized use of User's own account. Anyone deemed a proxy, in charge of another User’s account, a league manager, or a team captain, agrees to refrain from disclosing Registration Information to third parties, unless written consent from Complete CRM® is obtained prior to such information is disclosed.
11. Privacy Statement; Email
Users have read and understand the terms of our Privacy Statement more fully described at https://www.completecrm.com/privacy which is hereby incorporated into this Agreement by reference as (Exhibit “A”). Users acknowledge that the Site may link to other sites on the World Wide Web which may not controlled by Complete CRM® and that the collection of a Complete CRM®'s data by these other sites may be outside the scope of Complete CRM®’s control. Complete CRM® 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 Complete CRM® 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.
12. System Integrity
Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data or information from the Site without the express written consent of Complete CRM®. Consent shall 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 or Spam. Users 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 Complete CRM®. Information on the Site is frequently updated and is proprietary or is licensed to Complete CRM®. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Complete CRM® web site without the prior expressed written permission of Complete CRM® and the appropriate third party.
13. System Outages
Complete CRM® periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Complete CRM® 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, mis-delivery, non-delivery 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.
14. No Warranty
Complete CRM® provides this web site and the software products "as is" and without any warranty or condition, express, implied or statutory. Complete CRM® specifically disclaims, and User expressly waives, any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. User 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.
Complete CRM® makes no warranty that the site will meet User’s specific requirements or expectations, 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 Complete CRM® shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.
16. Other Limitations of Liability
Complete CRM®, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives shall not 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. If any court of competent jurisdiction strikes the above clause down for whatever reason, Complete CRM®’s liability shall still be 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 User’s discretion and risk and that User’s will be solely responsible for any loss or damage to User’s computer system or loss of data that may result in the download or upload of any material. Complete CRM® 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 Complete CRM®, 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.
17. Indemnification
User shall indemnify, defend and hold harmless Complete CRM®, 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 and costs) resulting from User's use of the Site or software products provided hereunder by Complete CRM® and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.
18. Notices
Notices to User and Complete CRM® shall be by email or sent via certified mail, return receipt requested. Email to Complete CRM® shall be sent to info@Complete CRM®.com or, if by certified mail, to Complete CRM®, such notice shall be sent to: 249 S. Hwy 101, Suite 525, Solana Beach, San Diego, CA, 92075. Email Notices sent to Users within the USA shall be sent to the email address contained in User's Registration Information. US Mail to User shall be sent to the address User provides. If User fails to provide such an address then Complete CRM® shall not be under an obligation to locate or sent US Mail. User is responsible for keeping User's Registration Information current. Complete CRM® 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@Complete CRM.com or by updating their account information online
19. Electronic Signatures
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 User.
20. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, 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 courts of San Diego, the Parties consent to the jurisdiction thereof.
21. Miscellaneous
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of the Parties, at any time or times, to require performance of any provision hereof shall in no manner affect Party’s right at a later time to enforce such provision. No delay or failure of Complete CRM®’s right in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between the Parties, pertaining to the subject matter hereof. User understands and accepts that Complete CRM®, in its sole discretion, may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting notice on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. User shall regularly review the Agreement that is posted at https://www.CompleteCRM.com/terms.html. Complete CRM® may, at any time, assign its rights or delegate its obligations hereunder without notice to User. No person or entity not an express Party to this Agreement is intended to be a beneficiary of this Agreement, and no person or entity, not expressly made a Party to this Agreement, shall have any right to enforce any terms of this Agreement.
22. Inquiries
The Site is offered by Complete CRM®. Complete CRM® is currently located at 249 S. Hwy 101, Suite 525, Solana Beach, CA 92075. Anyone wishing a copy of this Agreement may obtain such by writing a formal written request to Complete CRM®, accessing the Site, or emailing support@Complete CRM®.com. Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to Complete CRM®.
23. No Spam
User shall not send unsolicited bulk email (spam). All Users are required to accept and adhere to Complete CRM®'s anti-spam policy (attached hereto as (Exhibit “B”) and incorporated by reference). This policy also applies to using Complete CRM's network to send SMS text messages.