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PREAMBLE: This license is very much like open source, except there's no source code. That said, you need to read the whole license text below because by using the product, you're agreeing to be bound by its terms. If you don't like the terms below, you can't use our JunQue product. Contact us to find out about alternatives.
AGREEMENT: This EULA and Update Terms are an agreement between CloudLogistix, Inc and your company (Customer). It is effective as of the date you downloaded the JunQue product (the Software), and is effective until terminated or you stop using the Software. The Software and any accompanying documentation and updates are licensed, not sold, to you by CloudLogistix for use under the terms of this EULA, and CloudLogistix reserves all rights not expressly granted to you.
LICENSE: This License allows you to install and use as many copies of Lead JunQue as you like, and we hereby grant you a perpetual, non-exclusive, assumable, assignable, and non-transferable license for the use of the Software and documentation, including any subsequent error corrections you may receive from CloudLogistix.
PERMITTED USES: You may use this software for its intended purpose in conjunction with the salesforce.com service. You are free to modify or extend this Software, but you may not reverse engineer it. You may distribute this software to others outside your firm, but you may not remove any product identification, proprietary, copyright, or other notices contained in the Software.
OWNERSHIP: This software is copyrighted. Title to Software and all associated intellectual property rights are retained by CloudLogistix and/or its licensors. Customer acknowledges that it is obtaining only a limited license right to the Software and that no ownership rights are being conveyed to Customer under this Agreement or otherwise. No right or title to, or interest in, the trademarks, service marks, logos or trade names of CloudLogistix is granted under this Agreement.
TERM AND TERMINATION: This License is effective until terminated. Your rights under this License will terminate automatically without notice from CloudLogistix if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies thereof.
WARRANTY DISCLAIMER: This software and documentation are provided without charge on an AS-IS basis. There is no warranty or guarantee of any kind, and we make no claims or representations regarding infringement of any kind. NEITHER CLOUDLOGISTIX NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WAIVER OF LIABILITY AND DAMAGES: CLOUDLOGISTIX SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of California and the United States without regard to conflicts of laws, provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the California state and United States federal courts located in San Francisco, California, and both parties hereby submit to the personal jurisdiction of such courts.
Attorneys’ Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.
Entire Agreement. This Agreement and the documents referenced herein are the complete and exclusive statement of the mutual understanding of the parties, superseding and canceling all previous written and oral agreements and communications relating to the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in writing signed by a duly authorized representative on behalf of the party claimed to have waived.
Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
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