Terms and Conditions
By entering into a business transaction with Summit CRM, LLC, you (hereinafter "Customer", “You” or “Your”) expressly agree to abide by the Terms and Conditions set forth herein.
I. Parties
This Agreement is between you and Summit CRM, LLC, a California limited liability company (hereinafter referred to as "Summit CRM").
II. Services
Summit CRMs' sole obligation shall be to supply Customer with access to and use of the Summit CRM platform and Customer Relationship Management system (“CRM”). Customer may choose to purchase additional services, including the positioning of social media advertisements as part of an advertising campaign to generate insurance sales leads, as agreed upon between the Parties (referred to collectively with the Summit CRM platform/CRM as “Services”). Customer agrees that it assumes all risks of loss/damage related to any social media advertisement placement by Summit CRM.
III. Term & Cancellation
Summit CRM shall provide Services to Customer on a month-by-month basis, pursuant to Customer’s payment of the required monthly fee to Summit CRM. Customer’s access to and use of the Summit CRM platform and CRM system is conditioned upon Customer’s payment of the required monthly fee and shall immediately cease upon Customer’s failure to pay same.
For the cancellation of any advertising campaign related Services, written notice must be provided to Summit CRM at least 3 (three) days prior to the intended date of cancellation. It may take up to 3 business days for any implemented advertisements to be canceled.
IV. Payment Terms
Customer will be charged a monthly fee for access to and use of the Summit CRM platform and CRM. If Customer chooses to fund an advertising campaign to generate insurance sales leads through Summit CRM, Customer must pay in full before said campaign is implemented or any subsequent lead delivery is commenced. All payments must be made payable to "Summit CRM, LLC". Please allow 5 business days for the campaign to begin from the date we receive payment.
V. Use of Leads
Unless otherwise stated, the leads delivered to Customer are for use by Customer only. Customer agrees not to resell, transfer or distribute the leads to any other individual or entity without Summit CRMs' prior written consent. Any use of the leads will be in compliance with all applicable federal, state, and local laws, rules and/or regulations.
VI. Non-Circumvent
Upon termination of Customer’s relationship with Summit CRM, Customer may not contact Summit CRMs' affiliates directly or indirectly to solicit services similar to those offered by or through Summit CRM. Customer will maintain complete confidentiality regarding Summit CRM business sources and will not in any way circumvent or attempt to circumvent Summit CRM.
VII. Indemnification
Customer shall defend, indemnify, and hold harmless Summit CRM and its respective agents, affiliates, directors, officers, and employees from and against any losses, damages, liabilities, claims, demands, costs or expenses (including, without limitation, reasonable attorneys’ fees, court costs and expert witness fees, if applicable) (collectively, “Claims”) arising out of or related to (a) Customer’s access to or use of the Services; (b) Customer’s violation of these Terms and Conditions; (c) Customer’s violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (d) Customer’s conduct in connection with the Services, including, without limitation, Customer’s use of insurance sales leads in violation of any applicable laws, rules, or regulations (including the TCPA and CAN-SPAM Act).
Customer agrees to promptly notify Summit CRM of any Claims, cooperate with Summit CRM in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). Customer also agrees that Summit CRM will have control of the defense or settlement, at Summit CRMs’ sole option, of any Claims.
VIII. Disclaimer of Warranties
YOUR USE OF Summit CRM SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY Summit CRM, Summit CRM SERVICES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (1) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (2) ANY WARRANTIES THAT Summit CRM SERVICES AND ANY CONTENT THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (3) THAT Summit CRM SECURITY METHODS WILL BE SUFFICIENT TO PROTECT ANY CONFIDENTIAL INFORMATION OR INFORMATION RELATING TO SERVICES, LEAD DATA, LEADS OR PAYMENTS, OR (4) REGARDING THE AVAILABILITY, ACCURACY, OR RELIABILITY OF INFORMATION, WEBSITE TRAFFIC, LEAD DATA OR LEADS OBTAINED THROUGH THE SERVICES OR THE SUCCESS OR NUMBER OF LEADS RESULTING THEREFROM. THE SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH CUSTOMER.
IX. Limitation of Liability
EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY Summit CRM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Summit CRM WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, COVER, FAILURE OF THE INTERNET, OR LOSS FROM ANY BUSINESS DISRUPTIONS), ARISING OUT OF THESE Summit CRM TERMS AND CONDITIONS OR ANY PERFORMANCE HEREUNDER, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SERVICES, THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR FOR ANY BREACH OF WARRANTY, EVEN IF Summit CRM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF Summit CRM FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE Summit CRM TERMS AND CONDITIONS AND THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID TO Summit CRM BY CUSTOMER DURING THE THREE (3) MONTH PERIOD PRIOR TO AND INCLUDING THE FIRST DATE ON WHICH ANY SUCH CLAIM AROSE.
Summit CRM AND THE SERVICES PERMIT CUSTOMER TO OBTAIN INSURANCE SALES LEADS. HOWEVER, IN NO EVENT WILL Summit CRM BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR CUSTOMER’S USE OF THE LEAD DATA, CUSTOMER’S CALLS WITH LEADS OR OTHER CONSUMERS, OR ANY OF CUSTOMER’S ACTIONS OR OMISSIONS WITH RESPECT TO THE SERVICES, ANY LEADS OR LEAD DATA. CUSTOMER IS ENTIRELY RESPONSIBLE FOR ITS ACTIONS AND OMISSIONS WITH RESPECT TO ANY LEADS SOURCED BY Summit CRM AND HOW IT USES THE SERVICES AND Summit CRM FOREVER AND IRREVOCABLY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM.
X. Entire Agreement
These terms and conditions and any related contract for the purchase of an advertising campaign constitute the entire agreement of the parties with respect to the subject matter and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.
XI. Force Majeure
Neither party shall be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes. To the extent that a force majeure has continued for five (5) business days, Summit CRM has the right to cancel any agreement for Services with Customer.