Please read these Terms carefully. When you ("User," "Member," "you," "Professionals") sign up for an account, you are agreeing to this Terms of Service Agreement ("Terms") which becomes a legal agreement between you and us ("Agreement").
The Application is offered to professionals through our website "www.AdvisorCRM.ca" and approved advisory distribution channels. AdvisorCRM is owned by Canadian Financial Strategies, Inc., based in Edmonton, Alberta Canada. AdvisorCRM has management, employees, independent contractors, and advisory representatives ("our team"). If you do not agree to these Terms, you must immediately discontinue your use of the Service. These Terms are never modified for a particular person or group. If you have any questions about our Terms, feel free to contact us.
The services ("Services") we ("AdvisorCRM," "we," "us") provide including an online application ("App," "Application," "Software," "Website") that allows you to manage your clients, prospects, leads, and other contacts including sending newsletters and other marketing campaigns, which may include emails, advertising, websites, mailings. The App contains various features including a secure file sending platform and contains contact management related database features. Other features include the ability to manage social media interactions, including the automation of facebook and twitter posts so you may engage with your target markets.
From time to time, Members may request additional services ("Other Services") such as setup, customization, custom modules, website, training, or other services. Unless specifically stated otherwise, these Terms apply to all services including these Other Services. Some Other Services may have additional Terms or conditions, and you will be advised if this is the case.
AdvisorCRM implements other programs offered by partners ("Partners") including YouTube, Google, Facebook, and Twitter, each of which provide certain features and Services. Members are obligated to additionally adhere to the terms and service agreements of these Parters. By signing up as a Member with AdvisorCRM you also agree to the terms of service agreements of all partners. In addition, software or programs offered by these Partners often are downloaded from third party application sites for the purpose of distributing their software ("App Provider," "Application Provider"); this may include Apple App Store and Google Play. As a member signing up for our services, you agree to adhere to the polices and terms of any app provider as a third party provider. AdvisorCRM does not monitor application providers nor do these application providers monitor usage of third party softwares.
To become a member and to use our services, you must be (18) years old and eligible to enter into contracts, complete the application and agree to this agreement including all terms, and provide true and updated name and billing information. If you sign up to become a Member on behalf of a company or other entity, you represent and warrant that you have the authority to accept this Agreement and all Terms on its behalf. You further agree that you are not living in any territory that is subject to UN or U.S. government restrictions or have you yourself been designated a terrorist or restricted person or belong to a country that is designated a terrorist country. By agreeing to this agreement, you agree that you are eligible to become a Member nor use our Services in a way that violates any laws or regulations. You further acknowledge that AdvisorCRM may refuse Membership or close any Membership at any time and change Membership eligibility requirements at any time.
When you sign up for an account and agree to these Terms, this Agreement between you and AdvisorCRM is entered into, and the term of the Agreement (the "Term") will begin. The Term will continue until such time that either the Member or AdvisorCRM terminates such Agreement. We may change the Service or any features of the Website at any time, and AdvisorCRM in its sole discretion may discontinue the Service or any features at any time which may prohibit or restrict your ability to use the Software or access your account including all data.
Closing Your Account
Either Member may terminate the Agreement at any time without notice. We reserve the right to suspend Service at any time, with or without cause. If there is a credit on your account, and you have not been suspended for cause, that amount will be refunded to you. Once your account is terminate, you agree that all data will be immediately deleted and your Membership and account permanently removed. Your username will not longer be available for use on future Membership applications.
Password Safety & Retrieval
You are entirely responsible for keeping your Membership details private and confidential including your login username and password. If there is a breach of your login details, you will notify us immediately so that unauthorized access will be stopped and your account data placed in safety. We do not retain copies of your password for security reasons and can only provide a link for resetting your password through an automated protocol. We retain the right to change your billing information and contact details if appropriate. We are not responsible for any losses due to stolen or hacked passwords. You agree that and warrant that all information provided to us is is accurate at the time of establishing a Membership and before usage of our Website and will be updated immediately by you when this information changes.
We understand that from time to time there may be a dispute about any matter related to usage of our Software. If you have a complaint, please send full and complete details to our offices and we will make a decision accordingly. We have the final say on who is the Member that has authorized access and will make a decision based on identification, usage, and other factors. If we cannot determine a solution, we will advise you to seek other channels outside AdvisorCRM to come to a resolution. It is possible that we may need to suspend an account until a resolution is determined.
AdvisorCRM offers a trial period ("Trial Period") to review the software then a monthly or annual payment plan ("Payment Plan"). When you sign up for a Payment Plan, you are required to select the Payment Plan that you will use throughout the duration of your Membership and Agreement with AdvisorCRM. You agree to monthly or annual recurring billing, starting the date that you sign up. The Payment Plan selected will outline the features that are available to you and can be upgraded at any time as you grow your business. If you use more than the allocated usage criteria including audience limits, you will be notified that you need to upgrade your Payment Plan and would be responsible for additional charges. If you decide to upgrade your plan, the current month will be prorated based on days of the month until the next billing cycle payment due date. If you decide to downgrade your plan, the change will not become effective until the next billing cycle payment due date. You agree to monthly or annual recurring billing, starting the date that you sign up. Scheduled billing occurs on the same day of the month or year, based on when you signed up for a Membership with AdvisorCRM. If any part of a given month is included in the Term, then payment is required for the full month.
Free Trial Plans
AdvisorCRM offers some Services as a free plan ("Free Plan") for the purposes of beta testing or to assist charitiable or other causes. If you exceed the Free Plan data limits, you will be required to either upgrade your account and select a Payment Plan or pay for the additional usage costs at the next billing cycle. If you pay the additional usage costs and continually exceed the Free Plan data limits, AdvisorCRM may terminate the Free Plan without notice.
Valid Payment Methods on Account
If you are a Member with a Payment Plan you are required to maintain a valid credit card or debit card ("Card") within your AdvisorCRM account to be used for so that we may deduct your monthly or annual charges for use of Services. If you are a Member with a selected Payment Plan you agree to keep your Card information current and authorize us to deduct your charges against that card. If you change your Card, you are required to replace all information on file with the valid Card. If your card is replaced with a new Card by a payment processor, you authorize us to make adjusting charges to your Card at the soonest occurance. You represent and warrant that if you use a Card on our System, you are the authorized user of that Card. If we are unable to process your Payment Plan with your Card on file, we will make attempts to contact you and failure to remedy will result in a suspended account until such time your Card can be processed and your account made current.
If your account was terminated without cause, we will refund any applicable credit on your account. AdvisorCRM is entitled to make the decision at its sole discretion to offer refund or credit where appropriate.
Charges for Other Services
Members may request additional services, product or software customization and these will be billed at an agreed up rate and term, and will be due upon completion.
Payment Plan Changes
We may change the timing and implementation of our Payment Plan at any time upon posting anew pricing structure for the Payment Plan on the AdvisorCRM website or by sending a notification to you by email.
Proprietary Software and Data Rights
AdvisorCRM may internally review, retrive, copy, or evaluate your Content. This will assisst us to improve our Software through testing and development, and to resolve errors and develop future features. We strive to make our Software better and to create improved user experiences.
Bullying and Abuse
AdvisorCRM does not tolerate abuse of any kind. This includes bullying behavior through our platform to social media partner sites such as Facebook and Twitter. By becoming a Member, you agree that you will NEVER use our Softwware to spam. You are not allowed to use third party lists purchased for the purpose of spamming through our Campaign system of the Software. AdvisorCRM does not allow Content that will promote or incite harm to any person or groups of persons, contain nudity, is harrassing in nature, or discriminatory to any group including religious, ethic, sexual oirientation, gender identity, age, disability, illness, geographical location, or immigration status. We dnot support accounts held by known terrorist groups or groups that promote statements that may be perceived as hateful, racist, or harmful. We encourage respectful dialog at all times. We are developing an Acceptable Use Policy and you agree to adhere to this policy when developed. AdvisorCRM has the sole discretion to suspend or terminate accounts or deny Membership.
Please immediately notify AdvisorCRM of any violations or suspected violations of these Terms. If you received spam you think came from a AdvisorCRM Member, we want to know so that we can take immediate action. Please send us the entire email so that we may evaluate it and take the appropriate action. If you are reporting Content that you think violates protected marks or copyrights, then we wish to know this as well so as to evaluate appropriate action.
Overusage of Bandwidth
You may only use our Services for your own Content and Campaigns. We may throttle or otherwise obtain usage information about your Membership usage.
Importing and Exporting Data
The AdvisorCRM Software allows for the importing and exporting of Member data, including records of Clients, Prospects, Leads, and other Contacts. The software that supports the App (the �Software�) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the U.S. government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, �Export Control Laws�). Therefore, you agree that you won�t, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons. It�s important to note that this Section 21 isn�t meant to provide a comprehensive summary of the Export Control Laws that govern AdvisorCRM, the Service, or the Software. You�re downloading and using the Software at your own risk, and it�s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.
Limitation of Liability
These Terms are subject to the maximum extent allowable by law. You acknowledge that you assume full responsibility of any loss that results from usage of our site including maintaining your full repsonsibility to print reports and maintain backups of your data from the AdvisorCRM software. AdvisorCRM is not responsible for any loss at all, either director or indirect loss, punitive, special, or consequential, in any circumstances, and is true even if AdvisorCRM is deemed to have made an error or any real or perceived negligence on the part of AdvisorCRM. To be even more clear, any possible damages may not exceed the amount accrued for any particular month of service and the total liability will nto exceed this amount. This includes all aspects of law including tort, negligence, statutory duty, fidiciary, duty of care, security, or any other area of law. The damage will be no more than the current month amount paid. In addition, if there is any doubt, in no instance will AdvisorCRM or any member of the management or operations team be liable in any way and are saved harmless. AdvisorCRM or any member of the management or operations team are not liable for any damages that you suffer or may arise from using this software. This remains true regardless if AdvisorCRM terminates or suspecd your account for violation or any other reason.
AdvisorCRM offers the maximum extent allowable in law. The AdvisorCRM software is provided for use on an as-is, where-is basis. AdvisorCRM provides no warranties, no condition, no undertakings, and no promises of any kind for your usage of this software, neither expressed nor implied. This includes your decision to use the software for any particular purpose. You alone will determine suitability of the AdvisorCRM software for your particular needs.
24. Indemnity When you use the AdvisorCRM software, you agree to indemnify and hold the AdvisorCRM management and operations team, and all those affiliated with AdvisorCRM, harmless from any and all losses, including legal fees or any expenses that may result from your pursuance of a complaint or any other reasons. You also agree to hold AdvisorCRM management and operations team, and all those affiliated with AdvisorCRM, harmless from issues that arrise from your data or content, security and passwords, misrepresentations, breach of warranties that you have made to AdvisorCRM or any affiliated party. AdvisorCRM is not resdponsible for any of your operations or any of the issues that may arrise from your business operations or in using the AdvisorCRM software.
When using the AdvisorCRM software, you at all times must adhere to the Terms of Service. If any of the Terms are violated or breached, AdvisorCRM maintains the right to see injunctive relief against yoi including costs, and including any and all remedies from you. Do not violate our Terms of Service.
Legal and Related Fees
AdvisorCRM will abide by all laws and this may include responding to a subpoena or court order, or another legal order from government or regulatory body, that requires us to release information. As User you are responsible for these fees, including legal, attorney, court, photocopies, preparation, management, or any other fees associated with the matter. You agree to cooperate and provide all documents requested.
The AdvisorCRM management and operation team are not responsible for the behavior for any third party websites, including those of Members, Partners, or any other affiliation with AdvisorCRM. Products and Services may be provided through these sites and there may be links to them through the AdvisorCRM software from Members, Partners, or affiliates. AdvisorCRM management and operation team are not responsible for promises or warranties of any products or services of these third party affiliates ("Third-Party"). The Member is fully responsible for these integrations and offerings of services and products including the privacy, security, honesty, or any other matter related to the Third-Party. These relationships are entirely a matter between Member and Third-Party and at no time will AdvisorCRM be approving or held responsible for any of the practices and procedures of any Third-Party. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.
AdvisorCRM does not at any time allow Members to assign their AdvisorCRM account or any right under these Terms of Service to any other person or entity. AdvisorCRM may assign any and all rights to any other person or entity at our discretion.
With the exception of jurisdictional issues, any dispute related to the AdvisorCRM Terms of Service will be limited to and subject to to laws of Alberta, Canada.
Delays and Service Interuption
AdvisorCRM is not liable for any hosting platform or server delays or failure in performance of any part of the AdvisorCRM Software, for any cause that may be in our control or beyond our control. This includes and is not limited to any change of legislation including security law and privacy law or any other law, or any acts of god including terrorism, war, floods, destruction, strikes, hackers, third-party providers, blackouts, weather, external global or intestellar events, and all other events. AdvisorCRM is not responsible.
The entire AdvisorCRM Terms of Service Agreement will surve termination by any party.
AdvisorCRM is not responsible for verification of all clauses in this agreement or changing condiations of law. If any one section is ununforceable or removed, or otherwise not enforceable, the balance of the agreement will be valid.
Headers are provided for ease of reading onlyn. Emphasis should not be placed on headers for interpretation of this Terms of Service Agreement.
AdvisorCRM reserves the right to take action under this Terms of Service Agreement. Immediate action or lack of immediate action will have no impact on our right to take action under this Agreement.
AdvisorCRM will notify Members of any security matter related to our systems including personal information including you or your database. AdvisorCRM notifying you of any security incident is an act of cooperating with you so that you can take steps to notify your contacts. Notification is not an assumption of any liability or fault by AdvisorCRM for such incident.
Notices provided to you will be sent to the last email or physical address that you provided to us on the AdvisorCRM software. Our address is posted on the AdvisorCRM website.
All additional software, modules, custom programming, services, and any other services, product, or software, are made under these Terms of Service Agreement. If you add any Service or Product, you are agreeing to these Terms of Service. Any other agreements made do not supercede this Agreement. Any additional Terms of Service you have agreed to for fulfilling other Services or Products will incorporate the Terms of this Agreement. Adding on Services or Products will always include agreement to this Terms of Service Agreement. Where there may be a conflict of terms, the latter dated agreement will guide the understanding. Thanks for taking the time to learn AdvisorCRM�s Terms of Service Agreement. We hope you enjoy the use of our software!