InboundHiro is a Customer Relationship Management (CRM) and Marketing Automation service accessible via www.InboundHiro.com. InboundHiro allows you to keep track of your prospect and customers and create and send them various types of content including email, and other message types.
InboundHiro is owned and operated by Pullman Marketing, (Pullmanmarketing.com) d/b/a InboundHiro. Pullman Marketing is a Washington (United States of America) Sole-Proprietorship.
For questions about this agreement, please contact us here.
- Description of Service
Our service is provided through our web site at www.InboundHiro.com. The InboundHiro service runs on the Microsoft Windows Azure cloud platform. Windows Azure runs in data centers managed and operated by Microsoft Global Foundation Services (GFS). These data centers comply with key industry standards, such as ISO/IEC 27001:2005, for security and reliability. They are managed, monitored, and administered by Microsoft operations staff that have years of experience in delivering the world’s largest online services with 24 x 7 continuity. For detailed information about Windows Azure security please visit Microsoft’s Azure security page at http://www.windowsazure.com/en-us/support/trust-center/security/
- Acceptance of Terms
By using the InboundHiro service and related applications (apps, gadgets, plug-ins, etc.), you accept and agree to these terms, which are a binding legal agreement. In order to enter into this agreement to use the service, you must be at least 18 years of age and be able to enter into contracts. If you are entering into this agreement on behalf of your organization, you represent and warrant that have the authority and consent of your organization.
- Conditions of Use
The Service provided to User is non-exclusive, non-transferable (except as provided in Section 14d), and is for User’s internal business use only. User’s right to use the Service is conditional upon the following. User may not:
- Transfer to any other person or entity any of its rights to use the Service;
- Sell, rent or lease the Service;
- Make the Service available to anyone who is not an “Authorized User”. An Authorized User is an employee of User, or a person to whom User has outsourced service, who is authorized to access the Software
- Create any derivative works based upon the Service or Documentation
- Copy any feature, design or graphic in, or reverse engineer the Software;
- Access the Service (i) in order to build a competitive solution or to assist someone else to build a competitive solution; or (ii) if User is an employee of anInboundHirocompetitor;
- Use the Service in a way that violates any applicable criminal or civil law;
- Load test the Service in order to test scalability
- i. Share a single login among multiple people
- Representations and Acknowledgements.
4. Representations and Acknowledgements
Subject in each case to the terms listed in this Agreement, You hereby represent, acknowledge and agree that:
- The Service may not be used for the sending of unsolicited commercial email (as such term is defined in theCAN-SPAM Act of 2003and any rules adopted under such act – sometimes called “spam”).
- The Service may not be used to distribute pornography or other sexually explicit content
- The Service may only be used for lawful purposes and may not be used to distribute content offering to sell illegal goods or services
- The Service may not be used for hosting content, including images and documents, that knowingly infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law or regulation.
- You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute mass unsolicited commercial email (as such term is defined in theCAN-SPAM Act of 2003and any rules adopted under such act), in connection with the Service.
- You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you (“Permission Based Lists”) in connection with your use of the Service. You hereby covenant that you shall not use any other lists in connection with your use of the Service.
- You acknowledge and agree that not all messages sent through use of the Service will be received by their intended recipients.
- Every email message sent by you in connection with the Service must contain theInboundHiro“unsubscribe” link that allows the recipient to remove him or herself from your mailing list.
- i. You will comply with the restrictions on content of messages and activities using the Service as set forth or referenced in this Agreement.
- You acknowledge that you are the sole or designated “sender” (as such term is defined in theCAN-SPAM Act of 2003(the “Act”) and any rules adopted under the Act) of any email message sent by you using the Service.
- You agree that the “from” line of any email message sent by You using the Service will accurately and in a non-deceptive manner identify your organization, your products or your services.
- You agree that the “subject” line of any email message sent by You using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
- You agree to include in any email message sent by You using the Service your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
- In your use of the Service, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
- Changes to our Solution and Agreements
5. Changes to our Solution and Agreements
- Pricing and Payment Plans
Our pricing and payment plans are posted on our web site. We may change them from time to time. When we do so, will update our web site pricing page. We may also send you an email when pricing changes are made. Pricing changes to existing users will be effective 30 days after their announcement on our web site.
- Payment, Cancellation and Refunds
You may cancel you account at any time and for any reason. When you have cancelled the service, you will not be charged again. InboundHiro does not provide refunds or credits.
The InboundHiro logos and marks, as seen on our website and in our service and applications, are the trademark of InboundHiro. You may use them to identify yourself and your organization as a user of InboundHiro. You may not use them for other purposes without the express, written consent of our counsel.
- Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED WITH NO OTHER WARRANTIES OF ANY KIND, AND INBOUNDHIRO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INBOUNDHIRO DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- Limitation of Liability
EXCEPT FOR INBOUNDHIRO’S LIABILITY UNDER SECTION 12, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THIS POSSIBILITY. USER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SERVICE, SOFTWARE AND DOCUMENTATION NECESSARY TO ACHIEVE USER’S INTENDED RESULTS, AND FOR THE USE AND RESULTS OF THE SERVICE. EACH PARTY’S TOTAL LIABILITY FOR ANY DIRECT LOSS, COST, CLAIM OR DAMAGES OF ANY KIND RELATED TO THE RELEVANT ORDER FORM SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID OR PAYABLE BY USER TO INBOUNDHIRO UNDER SUCH RELEVANT ORDER FORM DURING THE 24 MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LOSS, COST, CLAIM OR DAMAGES. THIS LIMITATION ON LIABILITY WAS AND IS AN EXPRESS PART OF THE BARGAIN BETWEEN INBOUNDHIRO AND USER AND WAS A CONTROLLING FACTOR IN THE SETTING OF THE FEES PAYABLE TO INBOUNDHIRO. HOWEVER, THERE IS NO LIMITATION ON DIRECT LOSS, CLAIM OR DAMAGES ARISING AS A RESULT OF (A) AN INFRINGEMENT OF INBOUNDHIRO’S INTELLECTUAL PROPERTY RIGHTS, (B) A BREACH BY EITHER PARTY OF SECTION 11 OF THIS AGREEMENT, OR (C) IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS.
1. The Service, Software contains valuable trade secrets that are the sole property ofInboundHiro. User agrees to use its reasonable commercial efforts to prevent other parties from learning of these trade secrets. User shall exercise reasonable commercial efforts to prevent unauthorized access to or duplication of the Service.
2. The User Data contains valuable trade secrets and confidential information that are the sole property of User. InboundHiro will use best efforts to prevent unauthorized access to User Data.
3. Sections 11a and 11b do not apply to any information that (i) is now, or subsequently becomes, through no act or failure to act on the part of receiving party (the “Receiver”), generally known or available; (ii) is known by the Receiver at the time of receiving such information, as evidenced by the Receiver’s records; (iii) is subsequently provided to the Receiver by a third party, as a matter of right and without restriction on disclosure; or (iv) is required to be disclosed by law, provided that the party to whom the information belongs is given prior written notice of any such proposed disclosure.
12. Indemnification by InboundHiro
InboundHiro hereby indemnifies, defends and holds harmless User, its affiliates, directors and employees from any damages finally awarded against User (including, without limitation, reasonable costs and legal fees incurred by User) arising out of any third party suit, claim or other legal action alleging that the use of the Service by User infringes any copyright, trade secret or United States patent, (“Legal Action”). InboundHiro assumes the defense of the Legal Action.
1. However,InboundHiroshall have no indemnification obligations for any Legal Action arising out of: (i) a combination of the Service with software or service not supplied, or approved in writing by InboundHiro; (ii) any repair, adjustment, modification or alteration to the Service by User or any third party, unless approved in writing by InboundHiro; or (iii) any refusal by User to install and use a non-infringing version of the Service offered by InboundHiro under Section 5. Section 5 and this Section 12 state the entire liability of InboundHiro with respect to any intellectual property infringement by the Service.
2. User shall give prompt written notice toInboundHiroof any Legal Action no later than 30 days after first receiving notice of a Legal Action, and shall give copies to InboundHiro of all communications, notices and/or other actions relating to the Legal Action. User gives InboundHiro the sole control of the defense of any Legal Action, shall act in accordance with the reasonable instructions of InboundHiro and shall give InboundHiro such assistance as InboundHiro reasonably requests to defend or settle such claim. InboundHiro will conduct its defense at all times in a manner that is not adverse to User’s interests. User may employ its own counsel to assist it with respect to any such claim. User will bear all costs of engaging its own counsel, unless engagement of counsel is necessary because of a conflict of interest with InboundHiro or its counsel, or because InboundHiro fails to assume control of the defense. User will not settle or compromise any Legal Action without InboundHiro’s express written consent. InboundHiro shall be relieved of its indemnification obligation under Section 12 if User materially fails to comply with Section 12 and such material failure prejudices InboundHiro’ defense of the Legal Action.
13. Indemnification by User
User hereby indemnifies, defends and holds harmless InboundHiro, its affiliates, directors and employees from any damages finally awarded against InboundHiro (including, without limitation, reasonable costs and legal fees incurred by InboundHiro) arising out of any third party suit, claim or other legal action for infringement of any copyright, trade secret or United States patent (“Legal Action”) to the extent that such damages resulted from User’s use of the Service (and not the Service itself). User assumes the defense of the Legal Action.
- InboundHiro shall give prompt written notice to User of any Legal Action, and shall give copies to User of all communications, notices and/or other actions relating to the Legal Action. InboundHiro shall give User the sole control of the defense of any Legal Action, shall act in accordance with the reasonable instructions of User and shall give User such assistance as User reasonably requests to defend or settle such claim. User will conduct its defense at all times in a manner that is not adverse to InboundHiro’s interests. InboundHiro may employ its own counsel to assist it with respect to any such action. InboundHiro will bear all costs of engaging its own counsel, unless engagement of counsel is necessary because of a conflict of interest with User or its counsel, or because User fails to assume control of the defense. InboundHiro will not settle or compromise any Legal Action without User’s express written consent.
14. Notification of Security Breach
In the event of a security breach that may affect User, we will notify User of the breach and provide a description. In the event we are reasonably determine, and notify User, that it is necessary for all or part of such information to be forwarded on to one or more of User’s contacts, User will promptly forward such information to the contacts.
This section defines terms used in this agreement
- This Agreement together with the Order Form represents the entire agreement of the parties, and supersedes any prior or current understandings, whether written or oral. If there is a conflict between this Agreement and an Order Form, this Agreement will prevail.
- This Agreement may not be changed or any part waived except in writing by the parties.
- This Agreement will be governed by the laws of Georgia (excluding its choice of law rules). The parties consent to the exercise of exclusive jurisdiction by the state or federal courts in the State of Georgia for any claim relating to this Agreement.
- User may not assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent ofInboundHiro. InboundHiro may not withhold such consent in the case of an assignment by User of its rights and obligations to an entity that has acquired all, or substantially all of User’s assets, or to an assignment that is part of a genuine corporate restructure. Any assignment in breach of this Section is void.
- User may not export or re-export, directly or indirectly,any Service, Documentation or confidential information to any countries outside the United States except as permitted under the U.S. Commerce Department’s Export Administration Regulations.
This section defines terms used in this agreement
- InboundHiro: our company, which is wholly owned by InboundHiro, LLC (A Georgia Corporation)
- We/us: PullmanMarketing d/b/a InboundHiro
- Users: You and your organization. Individual users and organizations that use our service
- User Data: All information imported, entered or collected into the InboundHiro service by the user
- Service: The InboundHiro web site and applications on the Microsoft, Apple, Google and other marketplaces
- Content: Email, SMS, physical mail, voice mail and other user-provided information which our service is capable of distributing