SalesQuest eStore Terms of Use

1) Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all previous agreements, understandings, discussions or proposals between the parties.

2) By logging into the CRUSH Platform or the SalesQuest eStore, downloading and opening a PDF, or receiving CRUSH information constitutes your acceptance of the SalesQuest eStore Terms of Use.

3) SalesQuest will credit the purchase amount towards the cost of the CRUSH Pro Platform Annual Subscription within a period of 60 days from the signature date of the Agreement.

4) SalesQuest does not provide a refund for downloads of its PDF CRUSH Reports due to the immediate accessibility of the information in the PDF CRUSH Report. Please be sure you have selected the PDF CRUSH Report you intend before you download the PDF CRUSH Report.

5) Licensed Downloads are defined as individual and unique PDF downloads from the CRUSH Pro Platform. Additional PDF Downloads of the same company report in different  time periods will count as a Download.

6) Any licensed Downloads not completed within the Service Period by Customer will be forfeited. There shall be no extension of the Service period.

7) Assignment, No Waiver. Neither party shall have the right to assign this Agreement, in whole or in part, to a third party without the written consent of the other party. No waiver by either party of any breach shall constitute a waiver of any subsequent breach.

8) No Modification. No modification of this Agreement shall be binding on either party unless it is in writing and signed by both parties.

9) Limitation of Liability. SalesQuest endeavors to create all reports on an extremely accurate basis. It is understood, however, that SalesQuest shall not be liable to Customer for inaccuracies or errors in its reports. In no event shall SalesQuest be responsible for damages in excess of the fees paid by Customer to SalesQuest pursuant to this Agreement.

10) Force Majeure. If either party hereunder is temporarily unable to perform its obligations hereunder due to fire, flood, strike, war, government regulation, emergency or other cause reasonably beyond its control, then no liability to the other party or right to terminate shall exist for failure to perform during the period of the temporary inability to perform.

11) SalesQuest will provide access to the CRUSH Pro Platform within two (2) days of receiving the Payment Due. The email sent by SalesQuest to Customer containing the username and password shall constitute the Start Date. SalesQuest will confirm the Service Period End Date in the same email.

12) Service Period - The Service Period will start after receipt of Payment Due and upon delivery of the username and password. Service Period will end at the conclusion of the term or once the CRUSH Report download limit  has occurred, whichever occurs first.

13) Upon Customer request SalesQuest will provide a detailed report listing the PDF CRUSH Reports downloaded once the limit has occurred.

14) SalesQuest has sole discretion as to which CRUSH Reports are posted to the Customer CRUSH Pro Platform document library.

15) The information contained in CRUSH Reports is compiled by SalesQuest through secondary research methods and from the public domain. The information has not been verified by SalesQuest Sales Analysts through primary research methods.

16) SalesQuest has identified email addresses, in CRUSH Reports, found in the public domain. Customer will abide by the guidelines of the CAN-SPAM Act of 2003, the EU Directive 2002/58, and the Canadian Anti-Spam Law (FISA) when handling the email addresses in the CRUSH Reports.

17) SalesQuest Customers may not forward or distribute CRUSH Reports, or the information found within, to third parties without prior written permission.

18) The sale of CRUSH Reports by parties other than SalesQuest is prohibited.

19) SalesQuest has deployed ProtectedPDF digital rights management on the PDF documents to track the whereabouts of the CRUSH Reports. CRUSH Pro Platform users will be required to authenticate on the CRUSH Pro Platform. Upon expiration or termination, Customer shall have no right to use information in any Crush report previously downloaded during the Service Period.

20) Corporate CRUSH Report, SELIGENCE, and SalesQuest are trademarks and the property of SELIGENCE, LLC.

21) Arbitration. The parties shall attempt to settle all controversies and disputes arising hereunder amicably, promptly and fairly. Any controversy or claim arising hereunder not capable of satisfactory amicable resolution within thirty (30) days after written notice sent by one party to the other setting forth with specificity any such controversy or claim, shall be settled by binding and final arbitration in accordance with the Rules of the American Arbitration Association. The parties agree that the arbitration shall be held in the offices of the American Arbitration Association, in Boston, Massachusetts or such other location within Massachusetts which is agreed to by the parties.

22) Applicable Law. The parties agree that the Commonwealth of Massachusetts law governs the provisions and interpretation of this Agreement.

23) Confidentiality. The terms of this Agreement and the contents of the material provided to Customer as a result of SalesQuest’s services hereunder shall be deemed to be confidential. Such confidential information may not be disclosed or distributed by Customer to any third party including and subsidiary, division, parent or affiliate of Customer.

24) Notices. Any written notice authorized or required by this Agreement shall be deemed to have been duly given if sent by first class mail delivery confirmation required, express mail or fax, addressed to the applicable party as follows:

 

If to SalesQuest –
Attn: General Counsel
16 Haverhill Street
Andover, MA 01810

 If to Customer –
Attn:
Street:
City, State, Zip: