The following User Agreement (the “Agreement”) governs the use of the CRM Tip of the Day online service, including, without limitation, any additional services whether free or premium, as provided or made available by Dynamic Podcasts LLC (“Dynamic Podcasts LLC”, “CRM Tip of the Day” or “us” or “we”). Please read the terms and conditions contained in this Agreement carefully. Your use of and/or registration with the Service will constitute your ongoing acceptance of this User Agreement. For purposes of this Agreement “you” shall mean either you as an individual or the business, government entity, or entities on whose behalf you are accepting this Agreement. By accepting this Agreement, you agree that you are accepting this Agreement on behalf of any of your employees and agents that you provide with the Service, and that you are solely responsible and liable for any non-compliance by your employees and agents. You further represent that you are authorized to accept these terms and conditions. If you cannot accept this Agreement, please do not use the Service. This Agreement may be modified from time to time; the date of the most recent revisions will appear on this page. It is your responsibility to regularly check the Site to determine if there have been changes to this User Agreement and to review such changes. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to Dynamic Podcasts LLC’s other remedies.
- Use of the Service
- Personal and Lawful Use Only
Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You will not, nor attempt to do, any of the following with respect to the Service, except as expressly authorized or enabled by Dynamic Podcasts LLC:
- access the Service in a manner or through an interface not provided or authorized by Dynamic Podcasts LLC, including but not limited to, any automated means (e.g., scripts or bots);
- reproduce, duplicate, copy, sell, trade, resell or exploit the Service; and
- republish or syndicate the information available on the Service (including but not limited to information made accessible to non-paying users via any premium Service).
iii. User Conduct
You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Dynamic Podcasts LLC maintains the right, but not the obligation, to monitor, edit, delete or otherwise respond to or change user provided content to ensure the integrity of the service for all users.
- Third party tools and sites
- Intellectual Property
- Use of Material
The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
- Ownership and Control
The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Dynamic Podcasts LLC or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
iii. Compliance with Laws and Agreement
You agree to use the Service only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to Dynamic Podcasts LLC’s servers by http requests using a Web browser, you may not attempt to gain access to Dynamic Podcasts LLC’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
- Linking to Other Sites
You acknowledge that Dynamic Podcasts LLC has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Your linking to any other service or site is at your sole risk. You acknowledge that the Services may include advertisements and that Dynamic Podcasts LLC is not responsible for the content of such advertisements.
- Export Control
You agree not to export or re-export any Dynamic Podcasts LLC products and/or services except in compliance with the export control laws of any relevant jurisdictions.
- User Content
- User Responsibility
You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that Dynamic Podcasts LLC may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this User Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to Dynamic Podcasts LLC.
- Content License
When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant to Dynamic Podcasts LLC and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that Dynamic Podcasts LLC may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.
We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this User Agreement and the terms of Section 4(iv), you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Notwithstanding Section 4(iii), if you provide Dynamic Podcasts LLC with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of Dynamic Podcasts LLC, (b) Dynamic Podcasts LLC shall be able to use and share such Feedback without your consent, only if Dynamic Podcasts LLC does not use your first and last name (c) If you give prior consent, Dynamic Podcasts LLC shall be able to use and share such Feedback, while including your first and last name (d) Dynamic Podcasts LLC owes you no obligation or compensation whatsoever regarding the Feedback, and (e) Dynamic Podcasts LLC may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Dynamic Podcasts LLC.
- Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Dynamic Podcasts LLC website or service any materials that violate another party’s intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:
Dynamic Podcasts LLC
Attn: DMCA Complaints
306 KYLEMORE LN
GREER, SC 29650-0979
You agree to indemnify Dynamic Podcasts LLC and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
- Disclaimer Of Warranty And Limitation Of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, AND DYNAMIC PODCASTS LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. DYNAMIC PODCASTS LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
WITHOUT LIMITATION, DYNAMIC PODCASTS LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY ITINERARY OR OTHER INFORMATION CREATED OR PROVIDED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO THE SERVICE AND DYNAMIC PODCASTS LLC SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ITINERARIES.
DYNAMIC PODCASTS LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: THE PROVIDING OF SERVICES HEREUNDER, THE DELIVERY OR NON-DELIVERY OF INFORMATION, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE DYNAMIC PODCASTS LLC, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE.
- Termination Or Suspension Of Access To The Service
DYNAMIC PODCASTS LLC has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.
- Dispute Resolution
- General Information
If a dispute arises between you and DYNAMIC PODCASTS LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and DYNAMIC PODCASTS LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (each, a “Claim”) in accordance with one of the subsections below or as DYNAMIC PODCASTS LLC and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
- Law and Forum for Disputes
This Agreement will be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against DYNAMIC PODCASTS LLC must be resolved by a court located in El Paso County, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within El Paso County, Colorado for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief), DYNAMIC PODCASTS LLC may elect to resolve the dispute through binding non-appearance-based arbitration. In the event DYNAMIC PODCASTS LLC elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider and such arbitration shall be conducted in accordance with such provider’s rules for non-appearance-based arbitration.
- Improperly Filed Claims
All claims you bring against DYNAMIC PODCASTS LLC must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, DYNAMIC PODCASTS LLC may recover attorneys’ fees and costs up to $1000, provided that DYNAMIC PODCASTS LLC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- General Provisions
DYNAMIC PODCASTS LLC. is a corporation located at 306 KYLEMORE LN, GREER, SC 29650-0979 United States. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar