FinancialForce Risk Tracker delivers powerful risk analysis and threat tracking signals dynamically aggregated from all areas of your business. Get the data you need to spot risks, preempt business disruption, and support customers.
TERMS AND CONDITIONS
These Terms and Conditions govern your access and use of the FINANCIALFORCE RISK TRACKER application (together with any corresponding FinancialForce website, and any successor product(s) or service(s), an “Application”).
BY (1) CLICKING A BOX INDICATING ACCEPTANCE, (2) ACCESSING, DOWNLOADING OR USING AN APPLICATION, OR (3) OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, YOU AGREE TO THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS REFERENCED IN AND/OR INCORPORATED HEREIN (COLLECTIVELY, THE “AGREEMENT”). YOU HEREBY AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE AGREEMENT. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES (AS DEFINED BELOW) TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES (AS DEFINED BELOW). IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, SUCH INDIVIDUAL MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE APPLICATION.
This Agreement is effective between you and FinancialForce (as defined below), also referred to as “Us” and “Our”, as of the date of your accepting this Agreement. You must not access, download or use the Application unless you have accepted the terms of the Agreement. You may not access or use the Application if You are a direct competitor of FinancialForce, or to monitor its availability, performance or functionality, or for any other benchmarking or competitive purposes. The Programs are not intended for use by, and must not be used by, anyone who is not at least eighteen (18) years of age, or anyone who has not reached the age of legal majority in his or her applicable jurisdiction.
This Agreement was last updated on June 22, 2020.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Documentation” means the online user guides, documentation, and help and training materials made accessible by Us at www.financialforce.com, the Salesforce AppExchange, the Trailblazer Support community or other websites designated by Us.
“FinancialForce” means FinancialForce.com, Inc. or the subsidiary thereof described in the “Who You Are Contracting With; Notices; Governing Law, Jurisdiction and Arbitration” section below.
“Non-FinancialForce Applications” means online applications and services and offline software products that are provided by entities or individuals other than Us, and that interoperate with the Application, including but not limited to those provided by Salesforce.
“Your Data” means electronic data and information submitted by or for You to the Application or used by you in conjunction with the Application.
2. USE OF THE APPLICATION
2.1 Analytics License Required For Use. USE OF THE APPLICATION REQUIRES A SALESFORCE EINSTEIN ANALYTICS GROWTH OR EINSTEIN ANALYTICS PLUS PRODUCT FOR EACH USER. These products may be obtained from Salesforce.com. Paid customers of FinancialForce’s Analytics products may be able to obtain a waiver from this requirement. Please contact your FinancialForce account executive to submit a requirement. The Application does not include access to or use of any other FinancialForce products or services.
2.2 No Support or Implementation. FinancialForce support plans do not apply to the Application. Installation and/or implementation services are not included. Self-service information relating to the installation and troubleshooting of the Application may be found in the Documentation and in the Salesforce Trailblazer Support Community at https://success.salesforce.com/0F93A000000Loda
2.3 Your Responsibilities. You will (a) be responsible for your and your users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Application, and notify Us promptly of any such unauthorized access or use, and (d) use the Application only in accordance with this Agreement, and the applicable Documentation, laws and government regulations.
2.4 Usage Restrictions. You will not (a) USE THE APPLICATION FOR ANY PURPOSE OTHER THAN RISK MANAGEMENT CONNECTED TO THE COVID-19 GLOBAL PANDEMIC WITHOUT OUR PRIOR WRITTEN CONSENT, (b) make the Application available to, or use the Application for the benefit of, anyone other than You or Your users, (c) sell, resell, license, sublicense, transfer, distribute, rent or lease the Application or any part thereof, or include the Application or any part thereof in a service bureau or outsourcing offering, (d) use an Application to store or transmit or process infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit or process material in violation of third-party privacy rights, (e) use the Application to store or transmit Malicious Code, (f) attempt to gain unauthorized access to the Application or its related systems or networks, (g) permit direct or indirect access to or use of the Application in a way that breaches this Agreement, or use the Application to access or use any of Our intellectual property except as permitted under this Agreement or the Documentation, (h) copy the Application or any part, feature, function or user interface thereof (including, without limitation, into a Salesforce organization or tenant not authorized in writing by Us), (i) frame or mirror any part of the Application other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted in the Documentation, (j) access the Application in order to build a competitive product or service or to benchmark with a non-FinancialForce product or service, (k) reverse engineer any Application (to the extent such restriction is permitted by law), or (l) remove or modify any Application markings or any notices, including any markings or notices of Our or any other party’s proprietary rights.
3. NON-FINANCIALFORCE APPLICATIONS
3.1 Non-FinancialForce Applications and Your Data. We are not responsible for any processing, disclosure, modification or deletion of Your Data resulting from your access of or use of the Application with a Non-FinancialForce Application. FF will not be deemed to be in breach of this Agreement to the extent any Application features or results cease to function or be available because the provider of the corresponding Non-FinancialForce Application ceased to make their Non-FinancialForce Application available for interoperation our use with the Application on reasonable terms.
4. PROPRIETARY RIGHTS AND LICENSES
4.1 Reservation of Rights Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all of their right, title and interest in and to the Services and Support, including all of their related intellectual property rights.
4.2 Trademarks. You may not use Our trade name, trademark, service mark or logo without Our express written consent. You may not bid on or purchase any keyword that is Our trademark, service mark or logo in any keyword advertising service (such as Google AdWords). No rights are granted to You hereunder other than as expressly set forth herein.
4.3 License to Use the Application. Subject to the terms of this Agreement, We hereby grant to you a non-exclusive, non-transferable, non-sublicensable, limited and personal right (without the right to authorize any third party) to use the Application, as made available by Us to You, solely in accordance with any applicable Documentation.
4.4 License by You to Use Feedback. You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application and any FinancialForce products or services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Your users relating to the operation of the Application. Feedback is not confidential, and Your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Us under any fiduciary or other obligation.
5. PRIVACY AND ANALYTICS.
5.1 Analytics. If you download the Application, data or other information about your access to or use of the Application may be collected by Salesforce and shared with Us. Such data or other information may include aggregated usage information, such as the number of visits to a particular App product page or the number of started but incomplete installations for a particular App.
6. REPRESENTATION, WARRANTIES AND DISCLAIMERS
6.1 Representation. You represent and warrant that you have all rights and authority and legal power necessary to enter into this Agreement, and to grant the licenses granted in the Agreement. To the maximum extent permitted under applicable law, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory.
6.2 Disclaimers. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE APPLICATION IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY THE APPLICATION AND INTEGRATION OF SUCH WITH NON-FINANCIALFORCE APPLICATIONS. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR THE BENEFIT OF US AND OUR AFFILIATES, AND OUR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “FINANCIALFORCE AFFILIATED PARTIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. WE DO NOT GUARANTEE THAT THE APPLICATION WILL REMAIN UPDATED, COMPLETE, CORRECT OR SECURE, OR THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED, WITHOUT INACCURACY OR ERRORS. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE APPLICATION WILL IDENTIFY OR ACCURATELY ANALYZE ALL RISKS OR ANY SPECIFIC RISK, PREVENT ANY IMPACT OR RESULT OF SUCH RISK, OR ACCURATELY ANALYZE SUCH IMPACT. WE MAY DISCONTINUE THE APPLICATION AT ANY TIME IN OUR SOLE DISCRETION.
7.1 Indemnification. To the maximum extent permitted under applicable law, you will defend Us and each FinancialForce Affiliated Party, and its and their respective successors and assigns (each, a “FinancialForce Party”), against any claim, demand, suit or proceeding made or brought against any FinancialForce Party by a third party arising out of or relating to: (a) your use of, or activities in connection with, the Application (including any of Your Data used therewith), and/or (b) any violation or alleged violation of the Agreement by you (each, a “Claim Against FinancialForce”); and you will indemnify such FinancialForce Party from any damages, attorney fees and costs finally awarded against such FinancialForce Party as a result of, or for any amounts paid by such FinancialForce Party under a settlement approved by you in writing of, a Claim Against FinancialForce, provided the applicable FinancialForce Party (i) promptly gives you written notice of the Claim Against FinancialForce, (ii) gives you sole control of the defense and settlement of the Claim Against FinancialForce (except that you may not settle any Claim Against FinancialForce unless it unconditionally releases each applicable FinancialForce Party of all liability), and (iii) gives you reasonable assistance, at your expense.
8. LIMITATION OF LIABILITY
8.1 LIMITATION OF LIABILITY IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY, TOGETHER WITH ALL FINANCIALFORCE AFFILIATED PARTIES, ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE PROGRAMS, EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL WE OR ANY FINANCIALFORCE AFFILIATED PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF FINANCIALFORCE OR FINANCIALFORCE AFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM OUR PROVISION OF, OR YOUR USE OF OR INABILITY TO USE, THE APPLICAITON INCLUDING FROM ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, SPYWARE OR OTHER SIMILAR COMPUTER CODE, FILE OR PROGRAM THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICAITON. ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT ARE MADE FOR THE BENEFIT OF BOTH FINANCIALFORCE AND EACH FINANCIALFORCE AFFILIATED PARTY, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
9. TERM AND TERMINATION
9.1 Term and Termination. This Agreement will commence on the Effective Date and remain in effect until terminated. We may terminate your use of the Application at any time with or without prior notice, and such termination notice may be provided by email. Immediately upon any such termination, your right to use the Application will cease and this Agreement shall also be considered terminated, subject to the Surviving Provisions section hereof. You may terminate your use of the Application at any time. If requested by Us in connection with any such termination, You will cooperate reasonably with Us to disable the Application in your Salesforce instance.
9.2 Surviving Provisions. Sections 1, 3, 4-8, 9.2, 10 and 11 will survive any termination or expiration of this Agreement. In addition, Section 2 shall survive for as long as You continue using the Application.
10. WHO YOU ARE CONTRACTING WITH, NOTICES, GOVERNING LAW, JURISDICTION AND ARBITRATION
10.1 General. Who You are contracting with under this Agreement, who You should direct notices to under this Agreement, what law will apply in any dispute arising out of or in connection with this Agreement, and where and how such disputes will be resolved, depend on where You are domiciled.
• IF YOU ARE DOMICILED IN THE UNITED STATES OF AMERICA, MEXICO OR A COUNTRY IN CENTRAL OR SOUTH AMERICA OR THE CARIBBEAN, You are contracting with FinancialForce.com, Inc., a Delaware corporation and notices should be addressed to FinancialForce.com, Inc., 595 Market Street, Suite 2000, San Francisco, CA 94105, USA, attn.: Controller (email@example.com), with a copy to General Counsel (firstname.lastname@example.org). The governing law is the law of the State of California and controlling United States federal law, and the exclusive forum for resolution of disputes is mandatory, binding arbitration in San Francisco, California, U.S.A. as set forth in Section 10.4 below.
• IF YOU ARE DOMICILED IN THE UNITED KINGDOM, You are contracting with FinancialForce UK Limited, a UK limited company, and notices should be addressed to FinancialForce UK Limited, Cardale Park, Beckwith Head Road, Harrogate, North Yorkshire HG3 1RY, United Kingdom, attn.: Controller (email@example.com), with a copy to General Counsel (firstname.lastname@example.org). The governing law is the law of England and Wales, and the exclusive forum for resolution of disputes is the High Court in London, England.
• IF YOU ARE DOMICILED CANADA, You are contracting with FinancialForce.com Canada, Inc., an Ontario Corporation and notices should be addressed to FinancialForce.com, Inc., 595 Market Street, Suite 2000, San Francisco, CA 94105, USA, attn.: Controller (email@example.com), with a copy to General Counsel (firstname.lastname@example.org). The governing law is the law of the State of California and controlling United States federal law, and the exclusive forum for resolution of disputes is mandatory, binding arbitration in San Francisco, California, U.S.A. as set forth in Section 10.4 below.
• IF YOU ARE DOMICILED IN ANY OTHER COUNTRY, You are contracting with FinancialForce UK Limited, a UK limited company, and notices should be addressed to FinancialForce UK Limited, Cardale Park, Beckwith Head Road, Harrogate, North Yorkshire HG3 1RY, United Kingdom, attn.: Controller (email@example.com), with a copy to General Counsel (firstname.lastname@example.org). The governing law is the law of England and Wales, and the exclusive forum for resolution of disputes is the High Court in London, England.
10.2 Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, (c) confirmed delivery by courier service, or (d), the day of sending by email (which for US shall be the emails noted in Section 10.1 above). Notices to You may be addressed to the relevant Services system administrator designated by You or the email (including Salesforce login email) used by You during the download of the Application .
10.3 Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
10.4 Arbitration for Customers Domiciled in Americas. If you are domiciled in a country for which arbitration is designated in Section 10.1 (General) above as the exclusive forum for dispute resolution, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential and binding arbitration in San Francisco, CA before a single arbitrator. The language to be used in the arbitral proceedings shall be English. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. The parties agree to keep all disputes arising under this Agreement confidential, except as necessary in connection with a judicial challenge to or enforcement of an award or unless otherwise required by law or judicial decision. The arbitrator may issue orders to treat any information regarding such proceedings, including the award, as Confidential Information under this Agreement. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration.
10.5 Legal Fees and Costs. The prevailing party in any action arising from or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs, including, without limitation, arbitration fees and fees of experts.
10.6 Waiver Of Jury Trial. EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THE AGREEMENT.
10.7 No Agency. For the avoidance of doubt, We are entering into this Agreement as principal and not as agent for any other company. Subject to any permitted Assignment in this Agreement, the obligations owed by Us under this Agreement shall be owed to You solely by Us and the obligations owed by You under this Agreement shall be owed solely to Us.
10.8 Other Jurisdictional Issues. The Application is not intended to subject Us to any non-U.S. jurisdiction or law, other than the governing law of another jurisdiction that is applicable based on your domicile as set forth in this Section 10. The Application may not be appropriate or available for use in some non-U.S. jurisdictions.
10.9 If You Reside in the EU. If you are resident in the European Union and acting as a consumer within the scope of Regulation (EC) No. 593/2008, the foregoing choice of governing law provisions will not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside.
10.10 Cooperation. You will cooperate with Us in regard to any inquiry, dispute or controversy in which We may become involved and of which you may have knowledge. Such cooperation will include disclosure of relevant documents and financial information, and interviews of you and, if applicable, your personnel.
11. GENERAL PROVISIONS
11.1 Export Compliance. The Services, other technology of Ours, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. We and You each represent that it is not named on any U.S. government denied-party list. You will not permit any User to access or use any Service in a U.S.-embargoed country (currently Crimea, Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. or other applicable export law or regulation. You are responsible for complying with U.S. export controls and economic sanctions, including the Export Administration Regulations (EAR) and the regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC), any applicable import laws, regulations and requirements of the country of importation, and all other applicable laws, regulations and requirements which may apply to downloads of software. You are responsible for any violation of those laws, regulations and requirements. FinancialForce does not screen to identify destinations or persons that may be subject to embargo or other restrictions. You represent, warrant and covenant that you are not: (a) located in, or a resident or national of, any country subject to a U.S., U.K., European Union, Canadian or Australia government embargo or other restriction, or that has been designated by such governments as a “terrorist supporting” country; or (b) on any U.S., U.K., European Union, Canadian or Australia government list of restricted end users.
11.2 Entire Agreement. This Agreement, including any terms incorporated in this Agreement, constitutes the entire agreement between You and Us regarding the Application and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter; except that nothing in the Agreement will limit your obligations to Us or any FinancialForce Affiliated Party, or limit the rights of Us or any FinancialForce Affiliated Party, under any other agreement between you and Us or any FinancialForce Affiliated Party. You may be receiving, or become entitled to receive, access to Our other products or services under a separate agreement with Us (including, for example, a master subscription agreement). In such case, that separate agreement will govern Your access to those other products or Services, but will not govern Your access to and use of the Application. This Agreement will govern your access to and use of the Application but not Your access to or use of Our other products and services.
11.3 Amendment and Discretion To Discontinue. The “Last Updated” legend above indicates when this Program Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Application, charge, modify or waive any terms or fees required to use the Application; or offer opportunities to some or all Application users. Any use of a the Application is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. No amendment, modification or waiver of this Agreement shall be valid or applicable without Our prior written consent.
11.4 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. You will not represent that you have any authority to assume or create any obligation, express or implied, on behalf of any Us or a FinancialForce Affiliated Party, or represent Us or any FinancialForce Affiliated Party as an agent, employee, franchisee, or in any other capacity. You will not make any proposals, promises, warranties, guarantees or representations on behalf of or in the name of Us or any FinancialForce Affiliated Party.
11.5 No Third-Party Beneficiaries. Each FinancialForce Affiliated Party is an express third-party beneficiary under the Agreement. There are no other third-party beneficiaries under the Agreement. Nothing herein is intended to confer any right or benefit to any third party under the U.K. Contracts (Rights of Third Parties) Act 1999.
11.6 Waiver. No failure or delay by either party in exercising any right hereunder will constitute a waiver of that right. FinancialForce will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
11.7 Severability. If any provision of this Agreement or any Order Form is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement or applicable Order Form will remain in effect.
11.8 Assignment. You may not assign any of your rights or obligations under the Agreement, whether by operation of law or otherwise. We may assign, transfer or sublicense any or all of its rights or obligations under the Agreement without restriction.
11.9 Construction. Titles and headings of sections of the Agreement are for convenience only and will not affect the construction of any provision of the Agreement. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.”
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