Terms of Service:<BR>The following terms and conditions govern all use of the Dashcord.com website and all content, services and products produced by Dashcord Pty Ltd, including, but not limited to, Dashcord for Salesforce. The Website is owned and operated by Dashcord Pty Ltd. (“Dashcord”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Dashcord’s Privacy Policy) and procedures that may be published from time to time on Dashcord.com by Dashcord (collectively, the “Agreement”).<BR>Please read this Agreement carefully before accessing or using the Website and any Dashcord services and products. By accessing or using any part of the web site or Dashcord services and products, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services or products. If these terms and conditions are considered an offer by Dashcord, acceptance is expressly limited to these terms.<BR>Responsibility of Contributors. If you create any material available by means of the Product, such as emails, web-based content, or tracking links (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:<BR>the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;<BR>if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;<BR>you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;<BR>the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;<BR>the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);<BR>the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;<BR>you are not advertising via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and<BR>you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dashcord or otherwise.<BR>Without limiting any of those representations or warranties, Dashcord has the right (though not the obligation) to, in Dashcord’s sole discretion (i) terminate software licenses when used for content that, in Dashcord’s reasonable opinion, violates any Dashcord policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website, products, and services to any individual or entity for any reason, in Dashcord’s sole discretion. Dashcord will have no obligation to provide a refund of any amounts previously paid.<BR>Payment and Renewal.<BR>General Terms. <BR>Paid services such as annual subscription fees for Software as a Service products, professional services, and software customisation are available from Dashcord (any such services, a “Service”). By selecting a Service you agree to pay Dashcord the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you activate a service and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.<BR>Automatic Renewal. <BR>Unless you notify Dashcord before the end of the applicable subscription period that you want to cancel a Service, your Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.<BR>Support.<BR>Dashcord Services include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Dashcord to respond within one business day) concerning the use of the Services. All Services support will be provided in accordance with Dashcord standard Services practices, procedures and policies.<BR>Responsibility of Website Visitors. Dashcord has not reviewed, and cannot review, all of the material, including computer software, published via Dashcord Services, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, Dashcord does not represent or imply that it endorses the material published, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dashcord disclaims any responsibility for any harm resulting from the use of Dashcord Services, or from any downloading by those visitors of content published.<BR>Intellectual Property.<BR>This Agreement does not transfer from Dashcord to you any Dashcord or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dashcord. Dashcord, Dashcord.com, the Dashcord logo, and all other trademarks, service marks, graphics and logos used in connection with Dashcord, or the Website are trademarks or registered trademarks of Dashcord. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Dashcord or third-party trademarks.<BR>Domain Names.<BR>If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.<BR>Changes.<BR>Dashcord reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Dashcord may also, in the future, offer new services and/or features through the Website and Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. <BR>Termination. Dashcord may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. <BR>Disclaimer of Warranties. The Services are provided “as is”. Dashcord and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dashcord nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.<BR>Limitation of Liability. In no event will Dashcord, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Dashcord under this agreement during the twelve (12) month period prior to the cause of action. Dashcord shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.<BR>General Representation and Warranty. You represent and warrant that (i) your use of the Services will be in strict accordance with the Dashcord Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.<BR>Indemnification. You agree to indemnify and hold harmless Dashcord, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.<BR>Miscellaneous. This Agreement constitutes the entire agreement between Dashcord and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dashcord, or by the posting by Dashcord of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of Victoria, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Melbourne, Australia. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any other party; Dashcord may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
