Terms & Conditions
LICENSE. You are granted a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access Sales Temperature in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from Sales Temperature.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with Sales Temperature, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email.
MODERATION. You agree we may moderate Sales Temperature access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
OWNERSHIP. The foregoing grants Customer limited rights to use the Sales Temperature. Customer does not become the owner of, and Sales Temperature LLC retains title to, Sales Temperature and the related interface, software, integration methodologies, techniques, tools, and related technology including all enhancements, improvements, modifications, and derivative works. This specifically includes all intellectual property rights, including, but not limited to US Federal and International copyright and trade secret rights in all source code developed in direct connection therewith during the term of this Agreement.
WARRANTIES AND DISCLAIMERS. Each party represents and warrants to the other that it has all necessary right, power and authority to enter into and perform this Agreement
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL OTHER WARRANTI ES ARE DISCLAIMED. SALES TEMPERATURE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SOFTWARE, THE SALES TEMPERATURE, OR DATA PROVIDED BY DATA VENDORS IS ACCURATE, FREE OF ERRORS OR THAT ACCESS TO IT WILL BE UNINTERRUPTED, OR THAT ANY OF THE ABOVE DOES NOT INFRINGE RIGHTS OF THIRD PARTIES. SALES TEMPERATURE DISCLAIMS LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED BY THE PERFORMANCE OR LACK OF PERFORMANCE OF SALES TEMPERATURE, INCLUDING ANY INACCURACIES IN THE DATA PROVIDED. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. SALES TEMPERATURE WARRANTS THAT THEY HAVE THE RIGHT TO AGRIGATE ALL THE DATA IN THE SALES TEMPERATURE AND DISPLAY FOR STATISTICAL PURPOSES.
Customer assumes full responsibility for any investments or business decisions it makes that are based, wholly or in part, upon the technology, products and applications subscribed to hereunder.
THIRD PARTIES. SALES TEMPERATURE reserves the right to add, remove, or substitute any data and/or Data feeds and shall not be responsible for notifying Customer.
SALES TEMPERATURE is not responsible for the accuracy or correctness of the data feeds provided to Customer through 3 rd party Data Vendors.