Terms and Conditions
Effective Date: September 15th, 2012
Generally, we collect and maintain three categories of data: a) account information generated when an individual or entity activates our services - which generally includes contact information and payment information (we call this "Customer Information"); b) data provided by our customers about individuals or entities regarding the transmission of referrals given and received (we call this "Referral Data"); and c) data about visitors to our Site who may or may not also be our customers.
What We Do With the Data Collected on Our Site
If you have provided your contact information (which may include personal data) to us, we may use such information to contact you for marketing purposes by various means, including regular mail, email or telephone. When you activate a Referral Metrics account (including a trial account), you expressly consent to receive marketing communications about Referral Metrics services via direct mail, email (at the email address you provided when you activated your account), telephone (at the number you provided when you activated your account), pre-recorded messages (at the number you provided when you activated your account), text messages (if you provided a wireless telephone number), instant messages or other communications methods. We may also use personal and non-personal (e.g., business-related) data for other purposes, including, but not limited to: 1) providing the services you request; and 2) providing technical support.
We do not sell or rent Customer Information or Customer Recipient Data without your prior consent or unless we are required to disclose such information by order or other requirement of a court, administrative agency, or other governmental body or applicable law.
Questions About Your Account
If you have any questions about your account or how we use the data we collect and maintain in the course of providing our services, please contact us at firstname.lastname@example.org.
Free Trial Period
In the event Customer elects to use the Services on a trial basis, Customer will not be billed for such use for a period equal to fifteen (15) days which Customer first subscribes to use the Services and indicates its agreement with the terms and conditions set forth in this Agreement (the "Trial Period"). During the Trial Period, the end user has access to all tools and functionality within the web site. Once Customer completes its free trial period the Trial Period will terminate. Upon such termination, Customer may purchase a monthly or annual subscription for the Services. Customer's access to the Services will be disabled until payment therefore is received. Referral Metrics reserves the sole and exclusive right to modify the duration of the Trial Period.
The Sales Order records Customer's subscriber term, subscription fee, payment method and other account information.
Fees and Payment
In consideration for the Services to be provided by Referral Metrics, Customer agrees to pay the monthly or annual subscription fees set forth in the Sales Order (the "Subscription Fees"). Paid Subscription Fees are non-refundable. When Customer is paying for the Services by credit card and such credit card is declined, Referral Metrics will send Customer notice thereof to Customer's email address on record. If Customer misses a payment, Referral Metrics may notify Customer by phone or mail, but has no obligation to do so. The Customer will no longer be able to login to Referral Metrics until payment is made.
In connection with Referral Metrics's provision of the Services, Referral Metrics will send to Customer's email address (as designated by Customer at the time an account is established), information such as user-IDs and/or passwords which will enable Customer to access the Services (the "Passwords"). Customer agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer will notify Referral Metrics promptly if there is a loss or compromise of any Passwords and Customer will be solely responsible for all actions and fees incurred as a result of such incident resulting from the Customer's negligence or intentional misconduct. Any unauthorized use of the Passwords by Customer will constitute a material breach of this Agreement.
This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services, the Professional Services, and in any applications developed, owned or controlled by Referral Metrics (as applicable) (the "Software"), and the Services, are and shall remain the sole and exclusive property of Referral Metrics. Accordingly, Customer acknowledges that, as between Referral Metrics and Customer, Referral Metrics owns all right, title and interest in and to the Software and the Services, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that the Software contains proprietary information and trade secrets of Referral Metrics. Customer will not take any actions inconsistent with Referral Metrics's ownership of each of Referral Metrics's rights in and to the Software. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by Referral Metrics.
The Customer or Referral Metrics may terminate this Agreement for any reason. If Customer desires to terminate this Agreement, Customer may request a termination by calling Referral Metrics at 614-679-0912, Monday through Friday, between the hours of 8:00 a.m. (EST) and 8:00 p.m. (EST) (a "Valid Termination Notice"). Customer acknowledges that allowing a credit card to expire does not constitute a Valid Termination Notice. Any Customer termination request that occurs in the middle of a payment term (whether monthly or annually, as set forth in the Sales Order) will be made effective on the final day of such term.