Terms of Service



Revision date: 05/07/2016

By using Client Book CRM or signing up for an account, you’re agreeing to these Terms. Client Book CRM (“Client Book CRM” or the “Service”) is an software service offered by Diamond Profile LLC ("Diamond Profile LLC"). The Service may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The client agrees to indemnify and hold harmless Diamond Profile LLC from any claims resulting from the use of Diamond Profile LLC’s products or services which damages the client or any other party. Diamond Profile LLC has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” (or “you”) according to this agreement.

These Terms of Service (“Terms,” including our Privacy Policy, Acceptable Use Policy, and API Use Policy) define the terms and conditions under which you’re allowed to use the Service, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, please contact us.

Eligibility Requirements



In order to use Client Book CRM, you must:

A. be at least eighteen (18) years old and able to enter into contracts;
B. complete the registration process;
C. agree to the Terms; and
D. provide true, complete, and up to date contact information.

By using Client Book CRM, you represent and warrant that you meet all the requirements listed above, and that you won’t use Client Book CRM in a way that violates any laws or regulations. Client Book CRM may refuse service, close accounts of any users, and change eligibility requirements at any time.

Term



The Term begins when you sign up for Client Book CRM and continues as long as you use the Service. Creating an account or logging into Client Book CRM means you have officially “signed” the Terms. If you sign up for Client Book CRM on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Cancelling Your Account and Account Terminations



You or Client Book CRM may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly or yearly payment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it. If you fail to pay any amounts due for 12 months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

Changes and Updates



We may change any of the Terms by posting revised Terms of Use on our Website and/or attempting to notify you by email. Any changes to these Terms are effective immediately. We may change this website, the Service, or any features of the Service at any time.

Account Credentials



You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you are authorized the use the account. You will immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password for security reason, we may only reset your password.

Account Disputes



We are unaware of the inner workings of your organization or the nature of your relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours or do not have authorization to access, and you’ll have to resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account.

Payments



By the Account Activation Date of each billing cycle, Client Book CRM shall either:

(1) debit the client's account credit or payment account(when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Fees for services rendered for the current billing cycle. When an invoice is delivered to the client, payment shall be remitted to Client Book CRM by no later than the specified payment due date. Client Book CRM shall be entitled to immediately terminate this agreement for client's failure to make timely payments.

Proprietary Rights Owned By Us



You will respect our proprietary rights in this website and the software used to provide Client Book CRM (proprietary rights include trademarks, trade secrets, and copyrights).

Proprietary Rights Owned By You



You retain ownership of the information that you upload to or input into the Service. This information is kept strictly confidential. We will not disclose, sell, or provide access to this information to any third-party with the exception of our vendors and our Team, where appropriate and required, or as described in these Terms and our Privacy Policy.

Privacy Policy



We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

General Rules



You agree that you will follow these rules:

1. You will not send spam. “Spam” being definite by the Spamhaus website.
2. You will not use rented, purchased, or third-party lists of email addresses.
3. You will not violate our Acceptable Use Policy, which is also part of this Agreement.
4. Your usage of our API will comply with our API Use Policy.

If you violate any of these rules then we reserve the right to suspend, investigate, and/or terminate your account.

Reporting Abuse



If you think anyone is violating these Terms, please notify us as soon as possible. If you received spam you think came from a Client Book CRM user, please report it to abuse@cbcrmes.com. If you think anyone has used material that violates any copyrights, then you can notify us accordingly

Service Level Agreement



Client Book CRM has an excellent record for reliability. Our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. By accepting the Terms of Service, you are also accepting our Service Level Agreement.

Compliance With Laws



You represent and warrant that your use of Client Book CRM will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in regards to any regulations like HIPAA, EU Data Privacy Laws, GLB, or any other laws. If you’re subject to regulations and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities.

Limitation of Liability



To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of this website and the Service. Client Book CRM and our Team shall not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

Client Book CRM will not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Client Book CRM's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Client Book CRM. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of Client Book CRM’s servers or software products.

Client Book CRM will not be held liable for system(“server or software product”) down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their system was functioning.

No Warranties



To the maximum extent permitted by law, We provide the Service as-is. We don’t provide or offer warranties of any kind, express or implied.

Indemnity



You agree to indemnify and hold Client Book CRM and our Team harmless from any losses, including attorney fees that result from any claims you make. You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that would violate any of these Terms.

Disclaimers



Client Book CRM and our Team aren’t responsible for the behavior of any organizations using Client Book CRM or other Members.

Choice of Law



The State of Ohio’s laws will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Warren County, Ohio, and each party will be subject to the jurisdiction of those courts.

Force Majeure



We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Survivability



Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Severability



If a section of this Agreement is not enforceable, then that section will be removed or edited as necessary, and the rest of the Terms will remain valid.

Amendments and Waiver



Amendments or changes to these Terms won’t be effective until we post revised Terms on this Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

Meeting obligations



You will provide all documents and take any actions necessary to meet your obligations under these Terms.

Security Breaches



In the event of a security breach that may affect you, we will notify you and provide a description of what happened.

Notices



Any notice to you will be effective when it was sent to the email address you gave us. Any notice to us will be effective when delivered to us.

Entire Agreement



These Terms, our Privacy Policy, Acceptable Use Policy, and API Use Policy make up the entire agreement and supersede all prior agreements, representations, and understandings.