Last Updated: 9/14/2022
You agree that we may modify this Agreement or any policy or other terms referenced in this Agreement (collectively, "Additional Policies") at any time by posting a revised version of this Agreement or such Additional Policy on TigerLRM’s Website located at https://tigerlrm.com/legal/terms (the “Website”). Any revised terms will become effective thirty (30) days after we post them to the Company Website or, if we provide you a click-through or other means of accepting the revised terms, upon your acceptance. Continued use of the Services after the revised terms become effective constitutes acceptance on your part of such Additional Policies. If you do not accept such changes, you must cease using the Services, any Apps and any Licensed Software.
Who we are. TigerLRM operates the website https://tigerlrm.com (the “Website”), any mobile application published by or on behalf of TigerLRM for use with the Services (as defined below) (the “App”) and any other Licensed Software for use with the Services made available by TigerLRM from time to time.
Our Services. Our "Services" means TigerLRM’s Lead Relationship Management (“LRM”) platform and other collaboration, productivity and publishing tools and all their components, including, but not limited to, content and tools provided or otherwise made available to Subscribers and their Authorized Users via our Website, Apps and/or Licensed Software, including, without limitation, the Free Services (as defined below), the Premium Services (as defined below), and the Additional Services (as defined below).
You and Us. When we refer to “we”, “us” or “our”, we mean TigerLRM. When we refer to “you” or “your” or “Subscriber” means the purchaser of our Service, and shall also include any present or former agent, representative, independent contractor, employee, contractor, attorney and any entity or person who had authority to act on your behalf, including all Authorized Users.
Other Definitions. Capitalized terms not defined elsewhere in this Agreement shall have the following meanings:
“Administrator” means a Subscriber’s Authorized User that is granted the authority to configure Subscriber’s account (including, without limitation, the authority to bind Subscriber to the purchase of Premium Services and/or Additional Services) and to designate additional Authorized Users and/or Administrators.
“Additional Services” means one or more additional features of the Service and or services that are offered by TigerLRM from time to time, but not otherwise included in the Free Service or the Premium Service, as such Additional Services may be amended from time to time.
“Applicable Law” means all applicable laws, treaties, regulations, and conventions related to use of the Services, including without limitation those related to data privacy, (including, where applicable, the Children's Online Privacy Protection Act as revised effective July 1, 2013, and all other relevant laws governing the receipt, collection, compilation, use, storage, processing, sharing, safeguarding, security, disclosure or transfer of data, including the Federal Information Security Modernization Act, the GDPR, the California Online Privacy Protection Act, the Communications Decency Act, the Payment Card Industry Data Security Standard, and the CAN-SPAM Act), or in connection with unlawful material (such as material that violates any obscenity, defamation, harassment, privacy, publicity or intellectual property laws) call recording, unsolicited advertisements and, international communications, and the exportation of technical or personal data.
“Confidential Information” means non-public or proprietary information about a disclosing Party’s business related to technical, commercial, financial, employee, or planning information that is disclosed by the disclosing Party to the other Party in connection with this Agreement, and (A) is identified in writing as confidential at the time of disclosure, whether in printed, textual, graphic, or electronic form; or (B) is not identified as confidential at the time of disclosure, but is by its nature confidential or the receiving Party knows, or ought reasonably to know, is confidential; provided that (i) any TigerLRM Technology will be deemed Confidential Information of TigerLRM without any marking or further designation; (ii) any Subscriber Data will be deemed Confidential Information of Subscriber without any marking or further designation; and (iii) “Confidential Information” does not include information that: (1) has become public knowledge through no fault of the receiving Party; (2) was known to the receiving Party, free of any confidentiality obligations, before its disclosure by the disclosing Party; or (3) becomes known to the receiving Party, free of any confidentiality obligations, from a source other than the disclosing Party.
“Documentation” means TigerLRM’s on-line help guide and other training materials that may be provided by TigerLRM from time to time. “Electronic Signature” means an electronic sound, symbol, or process, including clicking a digital button to accept, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
“Free Service” means those features of the Service included in the basic subscriber package (as described at https://www.tigerlrm.com/pricing) by up to 10 Authorized Users designated by the Administrator.
“Licensed Materials” means the Licensed Software and Documentation.
“Licensed Software” means the object code version of all TigerLRM software accessed via the Website, including but not limited to, any software included in Free Services, Premium Services or Additional Services that are listed in an applicable Sales Order.
“Party” means Subscriber or TigerLRM, as applicable.
“Premium Services” means those features of the Service included in the premium subscriber package selected and subscribed to by Subscriber (as described at https://www.tigerlrm.com/pricing) by up to that number of Authorized Users designated by the Administrator that are permitted pursuant to the terms of the applicable package of Services selected.
“Professional Services” means any consulting, training, implementation, developmental or technical services provided by TigerLRM to Subscriber, as set forth in an applicable Sales Order.
“Registered User” means an Administrator and each Authorized User who register with TigerLRM to access and use the Services in accordance with this Agreement on behalf of Subscriber.
“Sales Order” means the sales order form, statement of work, or other written (including electronic) document for Additional Services and applicable fees that is executed between TigerLRM and Subscriber.
“Subscriber Data” means proprietary data of Subscriber in electronic form that is imported by or on behalf of Subscriber into the Service or any Additional Service in connection with Subscriber’s (including, without limitation, any Authorized User’s) use of the Service and/or Additional Service; provided that Subscriber Data does not include metadata.
“TigerLRM Content” means the Documentation and other forms of digital content, data, text, images, logos, user interface designs and other creative designs, audio and video.
“TigerLRM Technology” means technology owned by TigerLRM or licensed to TigerLRM by a third-party (including, but not limited to, the Services, reports, the App, software tools, algorithms, software (in source and object forms), including, but not limited to, any Licensed Software, user interface designs, architecture, toolkits, plug-ins, objects, Documentation, network designs, processes, know-how, methodologies, trade secrets, and any related intellectual property rights throughout the world), and any feedback received by TigerLRM that is incorporated into any of the foregoing (which are hereby irrevocably assigned to TigerLRM), as well as any of the modifications, or extensions of the above, whenever or wherever developed.
- YOUR ELIGIBILITY TO ACCESS AND USE THE SERVICE
Registration. Access to the Service requires and is made available following your registration and acceptance of this Agreement. You do not need to be a registered user to access the public portions of the Website, including, but not limited to the landing pages, but you are still subject to this Agreement in so far as they apply to the public portion of the Service. However, in order to use any of the Services, including, but not limited to the Free Services, you are required to register with us and create a unique username and password for the Administrator. You are also required to register and create an additional account for each Authorized User.
Minimum Age. Access to and the use of both the public and subscription-only portions of the Service are limited to individuals who are 18 years of age or older.
- UNDERSTANDING THIS AGREEMENT
This is a Binding Agreement. We are willing to provide the Service to you and your Authorized Users on the condition that you first accept and comply with all the obligations and terms set forth in this Agreement. This Agreement is a binding agreement between you and us. When you click through this Agreement (e.g. on the “I agree” or a similar button or check box), or when you otherwise access or use the Services, you are acknowledging and agreeing that you have read, understand and agree to be bound by this Agreement, whether or not you are a Registered User.
We may change the Services or any Feature, Component or Pricing. We may at any time and in our sole discretion change, modify, add, or discontinue the Services or any feature, portion, or component thereof. Any material changes to the Services will be posted at https://tigerlrm.com/legal/terms. IF YOU DO NOT AGREE TO SUCH CHANGES, YOU MUST STOP USING THE SERVICES.
No guarantee of Free Services. We do not guarantee that we will continue to offer the Free Services free of charge, and we reserve the right, in our sole discretion to impose fees on any feature or component thereof. You will be notified before a Free Service feature or component ceases to be free or when a paid feature or component is added to the Free Services.
Supplemental Service terms. The use of certain Services may be subject to additional Supplemental Service Terms which means additional terms, conditions, restrictions, or fees imposed by us or by third party providers that are specific to their respective service components that are provided in conjunction with the Services which will be posted on those pages from which they may be accessed. You agree to comply with all such Supplemental Service Terms and that if they conflict with this Agreement, the Supplemental Services Terms will prevail with respect to the applicable components of the Services. Notwithstanding the foregoing, the Supplemental Service Terms do not amend this Agreement with respect to the Services that are not subject to the Supplemental Service Terms. IF YOU DO NOT AGREE TO ANY SUPPLEMENTAL SERVICE TERMS DO NOT USE ANY OF THE CORRESPONDING SERVICE COMPONENTS.
We may use Service Providers. We may use Subcontractors which means third party service providers, including our affiliates, in the performance of the Services and we will be responsible for the actions of such Subcontractors.
Processing and transferring personal data. We are processing and storing Data in the United States, United Kingdom, EU and India (and other locations where we have sales representatives, as regards to Sales Data).
- TERM, TERMINATION AND SUSPENSION.
Term. The term of this Agreement ("Term") will commence once you agree to the terms and conditions of this Agreement by clicking the "I Accept" button below and complete the registration process for your Services account. This Agreement will remain in effect until terminated by you or us in accordance with Section 4 of this Agreement.
Termination by You for Convenience. You may terminate this Agreement at any time and for any reason or no reason at all, at your convenience, by (i) providing us written notice of termination in accordance with the notice provisions set forth in Section 13 below, (ii) closing your account for any Services for which we provide an account closing mechanism, and (iii) ceasing to use (and causing all Authorized Users to cease to use) the Services and all other TigerLRM Technology.
Termination or Suspension by Us Other Than for Cause. We may suspend your right and License to use any or all of the Services (and any associated TigerLRM Technology, including, but not limited to, any Apps or Licensed Software), or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time by providing you thirty (30) days' advance notice in accordance with the notice provisions set forth in Section 13 below.
Termination and Suspension for Cause. We may suspend your right and license to use any individual Service or any set of Services, or immediately terminate this Agreement in its entirety (and, accordingly, your right to use all Services and other TigerLRM Technology, including, but not limited to, all Apps and other Licensed Software), if:
you or any of your Authorized Users attempt a denial of service attack on any of the Services;
you or any of your Authorized Users attempt to hack or break any security mechanism on any of the Services, or we otherwise determine that your use of the Services or the TigerLRM Technology poses a security or service risk to us, to any user of services offered by us, to any third party sellers on any of our websites, to any of our or their respective customers, or may subject us or any third party to liability, damages or danger;
you or your Authorized Users otherwise use the Services in a way that disrupts or threatens the Services or any other TigerLRM Technology;
you are in default of your payment obligations for longer than ten (10) days;
we determine, in our sole discretion, there is evidence of fraud with respect to your account;
we determine, in our sole discretion, that you or the services provided by you, are a nuisance, threatening, abusive or otherwise potentially damaging to us, our employees, the Website, the App, our Services;
you or any of your Authorized Users use any of the TigerLRM Content or trademarks other than as expressly permitted herein;
we receive notice or we otherwise determine, in our sole discretion, that you or any of your Authorized Users may be using the Services for any illegal purpose or in a way that violates any Applicable Law or violates, infringes, or misappropriates the intellectual property rights of any third party;
we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by Applicable Law, or has become impractical or unfeasible for any legal, business or regulatory reason; or
subject to Applicable Law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business in the normal course, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding related to your liquidation or solvency.
Termination or Suspension with Notice. We may also suspend or terminate your (and your Authorized Users’) right and license to use any individual Service or any set of Services within ten (10) days if:
you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism, and you fail to cure such payment obligation default or correct such payment mechanism problem within such ten (10) day period; or
you breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within ten (10) days of first receiving notice of such breach.
Effect of Suspension or Termination.
SUSPENSION. Upon our suspension of your use of any Services, in whole or in part, for any reason, (i) fees will continue to accrue for any Services or other TigerLRM Technology that are still in use by you notwithstanding the suspension; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the applicable Services; and (iii) all of your rights with respect to the applicable Services shall be terminated during the period of the suspension.
TERMINATION. Upon termination of this Agreement for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) all of your rights under this Agreement shall immediately terminate; and (iii) you shall immediately return, or if instructed by us, destroy all TigerLRM Confidential Information and any TigerLRM Technology (if any) then in your possession.
NO EXPORT OF SUBSCRIBER DATA ON TERMINATION. TigerLRM is an aggregator of Subscriber Data input by you and provides a convenient way for you to view such Subscriber Data from different sources in a centralized and organized manner. However, TigerLRM does not back up or export any Subscriber Data (other than contact information for leads generated pursuant to any Premium Services purchased by you) upon termination of this Agreement. Therefore, you are solely responsible for maintaining all such Subscriber Data in its original form or format and TigerLRM shall not be responsible for any loss or destruction of such Subscriber Data.
- ACCOUNT SET-UP
Subscriber and each Authorized User agrees:
to provide accurate and complete information and keep it current;
not to register on behalf of an entity or individual other than yourself;
not to use another user’s account or allow others to use your account;
to maintain the confidentiality and security of your password and user ID; and
to provide your business contact information (including corporate email address) at the Subscriber such Authorized User represents.
Your Responsibility for Your User Account. You are fully responsible for any use of your User Account and for all activities that occur using your password or user ID or the password and user ID of all Authorized Users associated with your account, regardless of whether such use is authorized by you. If you know or suspect that anyone other than you knows or is in possession of your User Account login details, you must immediately notify us at [email protected].
Appointment of an Administrator. TigerLRM is not responsible for the administration of User Accounts or for the Internal Management of the Services for You. When a Subscriber creates a User Account, you may specify one or more Administrators. The initial user for a Subscriber will automatically be designated as the initial Administrator until the designation of another Administrator. You are responsible for appointing competent individuals to administer your User Accounts. Each Administrator and all Authorized Users that are assigned User Accounts by the Administrator must register and agree to be bound by this Agreement in order to be able to access and use the Services. In the event of loss of control of an Administrator Account, we will provide such control upon provision of proof satisfactory to us. You expressly release TigerLRM from any liability and agree not to hold it liable for the consequences of any action taken by it in good faith in this regard.
Control of Access and Use Rights. Once an Administrator is designated, TigerLRM will consolidate the administration of all your User Accounts. The Administrator(s) is solely responsible for designating and re-designating the access and usage rights level (e.g. full/partial access, admin rights, view-only, etc.) (“Permissions”) for each of your Authorized Users, including, but not limited to setting Permissions based on such Authorized Users role and the sensitivity of data which such Authorized User may input or access. Such Permissions can include access to certain functionality of the Services which may prompt Authorized Users to provide additional information about yourself or others. Please check the TigerLRM Privacy Notice to see how personally identifiable information is collected used and protected by us. All questions by your Authorized Users about their Permissions and how you may collect, use, and protect information about such Authorized Users should be directed to your Administrator.
- LIMITED LICENSE TO USE THE SERVICES AND TIGERLRM TECHNOLOGY
Ownership. TigerLRM owns all TigerLRM Technology and Confidential Information. All right, title, and interest in and to the TigerLRM Technology, including, but not limited to, all Licensed Materials, all Services, and all TigerLRM’s Confidential Information (whether in electronic or physical form containing the TigerLRM Technology, including, but not limited to, the Licensed Materials or TigerLRM’s Confidential Information), and all intellectual property rights thereto and goodwill associated therewith shall be and at all times remain with TigerLRM, and nothing herein shall confer upon Subscriber or any Authorized User any right, title, or interest in or to the Services, any other TigerLRM Technology, the Licensed Materials, or any of TigerLRM’s Confidential Information unless expressly set forth in this Agreement. All discoveries, improvements, inventions, and trade secrets, made or conceived in the performance of this Agreement shall be the sole and exclusive property of TigerLRM and TigerLRM shall retain any and all rights therein, including, without limitation, the right to file any patent or copyright applications thereon. All right, title, and interest in and to the Subscriber Data and Subscriber’s Confidential Information, (collectively, “ Subscriber Material ”) shall be and at all times remain with Subscriber, and nothing herein shall confer upon TigerLRM any right, title, or interest in or to the Subscriber Material unless expressly set forth herein. Subject to the terms of this Agreement, all discoveries, improvements, inventions, and trade secrets, made or conceived by Subscriber or any Authorized User with respect to the TigerLRM Technology, or any component thereof, including, but not limited to, the Licensed Materials, the Services or any feature or component thereof, shall be the sole and exclusive property of TigerLRM.
Limited License to Use the Services via the Website. Subject to the terms and conditions of this Agreement (including Subscriber’s and each Authorized User’s compliance with the applicable Documentation) and payment of any applicable fees, TigerLRM grants Subscriber a limited, personal, revocable, non-exclusive, non-transferrable, non-sublicensable license for Subscriber and that number of Authorized Users permitted pursuant to the applicable package of Services subscribed to by Subscriber or otherwise set forth In an applicable Sales Order to access and use the Basic Services, Premium Services and/or Additional Services, as applicable, in accordance with the Documentation via the Website solely for Subscriber’s own internal business purposes and not for the benefit of any other party (the “ Services License ”).
License to Use the Other TigerLRM Technology. Subject to your acceptance of this Agreement, ongoing compliance with its terms and conditions with respect to the subject Services, and payment if and as required for your right to use the subject Services, we hereby grant to you the right to install, copy and use the TigerLRM Technology that we make available to you from time to time, for your installation, copying and/or use in connection with the Services solely in connection with and as necessary for your use of the Services in compliance with our Terms and Conditions. This grant constitutes a limited, non-exclusive, non-transferable license during the Term of this Agreement (the “Technology License”; and together with the Services License, the “License”). Under no circumstances may you transfer or sublicense any rights granted to you under this Section to third parties.
No Additional Licenses. Except for the License, no license under any patents, copyrights, trademarks, trade secrets or any other intellectual property rights, express or implied, are granted by TigerLRM to Subscriber or any Authorized User under this Agreement. For the avoidance of doubt, the License is limited license to use access and use the applicable Services via the TigerLRM Website and such TigerLRM Technology as we make available to you during the Term on a “for rent” basis and not a “for hire” basis as expressly set forth herein.
No Right to Use Our Trademarks and Logos. Neither you nor any of your Authorized Users shall use TigerLRM or its affiliates trade names, trademarks and service marks, alone or in connection with any other words or logos without our consent and if such consent is granted all uses shall inure solely to the benefit of TigerLRM and its affiliates and you shall acquire no right, title or interest in them or goodwill associated with them and shall refrain from impairing TigerLRM or its affiliates’ rights.
How We Use Your Feedback. TigerLRM welcomes your ideas, suggestions and feedback related to the Services and any other aspects of our business ("Feedback"). Provision of Feedback is entirely voluntary. If you elect to provide such Feedback, you assign to us all title and interest, including intellectual property rights in such Feedback and we may use it for our business purposes in our discretion without any payment or accounting to you, but without any responsibility or liability by you, provided that you will not knowingly provide to us Feedback that is in breach of your confidentiality obligations to third parties or is infringing third party proprietary rights. Such Feedback is deemed our confidential information and intellectual property. For the avoidance of doubt, the provision of Feedback does not grant us any ownership rights in your or your organization’s services or products.
How to Request Permission to Use Our Content. If you would like to use any content from the Service that isn’t expressly permitted in this Agreement, please contact us by writing to TigerLRM, 1500 Concord Ter. Suite 102, Sunrise, FL 33323.
All Intellectual Property Rights Remain with TigerLRM. All patents, copyrights, layouts, trade secrets and other proprietary rights in or related to the Services and other TigerLRM Technology, and TigerLRM Content, are and will remain the exclusive property of TigerLRM, whether or not specifically recognized or perfected under the laws of the jurisdiction in which the Services and other TigerLRM Technology, and/or TigerLRM Content are used or licensed. Neither Subscriber nor any Authorized User shall be permitted to take any action that jeopardizes TigerLRM’s proprietary rights or acquire any right in the TigerLRM Technology, including but not limited to the Licensed Materials and TigerLRM’s Confidential Information. TigerLRM owns (and will own) all rights in any copy, translation, modification, adaptation or derivation of the TigerLRM Technology, including, but not limited to the Licensed Materials and all of TigerLRM’s Confidential Information, including any improvement, derivative work or development thereof. Subscriber and each Authorized User herby grants, transfers and assigns (and agrees to grant, transfer and assign) to TigerLRM, all such rights to TigerLRM, and, at TigerLRM’s request, shall execute any instrument that may be appropriate to assign or perfect these rights in TigerLRM’s name.
Limited Access. Except for the Authorized Users, Subscriber shall not allow any Third Party to access the Services, Licensed Materials or TigerLRM’s Confidential Information without TigerLRM’s prior written consent.
License Restrictions. Subscriber shall not (and shall ensure that its Authorized Users and other employees, contractors and other third parties do not):
exploit any of the Services or other TigerLRM Technology for any purpose other than as described in this Section 6;
provide, use, or allow others to use, the Services for the benefit of third parties;
modify, alter, tamper with, repair, or otherwise create derivative works of any of the Services or other TigerLRM Technology, Licensed Materials TigerLRM Content or TigerLRM Confidential Information;
use the Services or other TigerLRM Technology (or any part thereof) for service bureau, time-sharing, hosting or like purposes or in any other way allow any third party to exploit the Services or other TigerLRM Technology, including, but not limited to the Licensed Materials and any other Services;
compile or use the Services or any other TigerLRM Technology or any other information obtained through the Services or other TigerLRM Technology for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate state or federal anti-spamming laws and regulations.
reverse engineer, disassemble, or decompile any component of the Services or other TigerLRM Technology, including, but not limited to, the Licensed Software or any other component of the Services or apply any other process or procedure to derive the source code thereof;
use manual process, automatic device or application or extraction tool to access, monitor, use, download, retrieve, index, extract, scrape, or data mine;
copy, frame, mirror, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any component thereof or otherwise defeat, bypass, or circumvent any other protections of TigerLRM’s intellectual property rights in the Service;
access, use or develop the Services or any of the other TigerLRM Technology in a way intended to avoid incurring fees or exceeding usage limits or quotas;
sell, offer to sell, distribute, disclose, sublicense, assign, transfer or otherwise make available any of the Services or other TigerLRM Technology, including, but not limited to, the Licensed Software and any of the other Products and Services in a manner that is not authorized under this Agreement;
provide access to the Services or any other TigerLRM Technology, including, but not limited to, any Licensed Software to any development agency;
assert or authorize, assist, or encourage any third party to assert, any claim of infringement of patent, trademark, copyright or other intellectual property rights regarding any of the Services or other TigerLRM Technology, including, but not limited to, the App, the Licensed Software and any of the other Services;
use any of the Services or other TigerLRM Technology, including, but not limited to the App and the Licensed Software for the purpose of building a similar or competitive product or service;
alter or remove any identification, proprietary, copyright or other notices contained in the Services or any other TigerLRM Technology, including, but not limited to the App, or the Licensed Materials, or the TigerLRM Content;
use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Services or any other TigerLRM Technology, including, but not limited to, the Licensed Software and the App,
include, promote or facilitate child pornography or other illegal activities, including without limitation, activities that might be libelous or defamatory, or otherwise malicious or harmful to any person or entity, or that discriminate based on race, sex, religion, nationality, disability, sexual orientation or age, or otherwise use any of the Services or other TigerLRM Technology for unlawful purposes, in violation of any Applicable Law, including, but not limited to, the laws of copyright, trademark, obscenity, and defamation;
distribute, share or facilitate the distribution or sharing of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code or seek to compromise the security of the Services or other TigerLRM Technology, including, but not limited to, the Licensed Software, the Website or TigerLRM’s or its clients’ systems or networks by tampering with security mechanisms, or other harmful means; or
violate the rights of any person through the transmission, storage, and display of Subscriber Materials, User Materials or other data entered by Authorized Users.
License to Use and Display the Subscriber Material. Subscriber hereby grants TigerLRM a limited, non-exclusive, worldwide, royalty-free right and license to use and display the Subscriber Materials to the extent necessary or required in order to provide the Free Service, any Additional Service or otherwise to enable Subscriber to use the Services and the TigerLRM Technology in strict accordance with this Agreement. In addition, Subscriber expressly agrees that TigerLRM may include Client’s name and logo in customer lists or related marketing and promotional materials, including, without limitation, on TigerLRM’s website for the purpose of identifying users of TigerLRM’s Technology and Services. If you are using the Services on behalf of a Subscriber or a Third Party, you represent and warrant that you have permission to grant this authority on behalf of that Subscriber and/or Third Party.
You are Responsible for Communications You Send via the Service. Use of any communication or transmission tools and functionality of the Service is at your sole discretion and risk. Subscriber and its Authorized Users are solely responsible for the contents of your posts, transmissions and communications, including the format and manner of transmissions or communications taking place through the Services and in any such use you must adhere to and comply with all Applicable Laws, including, without limitation, obtaining opt-in or other approvals from any part receiving communications from you or any Authorized User via SMS, electronic message, or other means.
No Collection of Sensitive Information. You acknowledge that the Services have not been designed to collect, process or manage personally identifiable information, protected health information, sensitive information or other reasonably equivalent terms within the scope of any Applicable Law (collectively, “ Protected Information ”). Therefore, you shall not use the Services to collect, process or manage Protected Information and you expressly release TigerLRM from any liability with respect to, agree not to hold it liable for, and agree to indemnify, defend and hold TigerLRM harmless from and against the consequences resulting from your collection, processing or management of Protected Information.
Service Fees. In consideration of your use of any of the Premium Services or Additional Services, you agree to pay all applicable fees (i) for the Premium Services in the amounts set forth on the respective Services detail pages on the Website (including any minimum subscription fees), and (ii) for the Additional Services that are set forth on the applicable Sales Order. Fees for any new Services or new feature will be effective upon posting by us on the Website for the applicable Services. We may increase or add new fees for any existing Services or feature of the Services, or implement a fee for any previously Free Services or feature of the Free Services], by giving you 30 days' advance notice. Such notice will be posted on the Website on the Service detail page for the affected Services. You agree that you are responsible for checking the Website each month to confirm whether there are any new fees and their effective date(s). All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, any applicable sales taxes or VAT. You will provide such information to us as reasonably required to determine whether we are obligated to collect sales taxes or VAT from you, including without limitation your sales tax exemption, VAT identification number, location and address.
Payment. Unless otherwise specified by us, all fees are due monthly in advance and are non-refundable. Without limiting the foregoing, we may specify the manner in which you will pay any fees, and any such payment shall be subject to any accounts receivable policies then in effect. All amounts payable by you under this Agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.
Special Pricing Arrangements. From time to time, we may offer free or discounted pricing for certain Services (each a "Special Pricing Arrangement"). After a Special Pricing Arrangement ends, normal charges will apply. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) we impose in connection with the Special Pricing Arrangement, as described on the Service-specific page of the Website, if you choose to take part in any Special Pricing Arrangement. You may not sign-up for multiple accounts in order to receive additional benefits under a Special Pricing Arrangement. We may immediately terminate any account that we determine, in our sole discretion, is established or used to avoid the terms, restrictions, or limitations applicable to a Special Pricing Arrangement.
Late Payments. Amounts not paid when due shall accrue interest at 1.5% per month, or the maximum legal rate, whichever is less. In the event TigerLRM incurs additional fees as a result of any collection activity, such as collection agencies or reasonable legal fees, Subscriber shall reimburse TigerLRM for all such fees.
- USER MATERIALS
You are Responsible for any Materials Uploaded to the Services by You or Any of Your Authorized Users. Depending on their Permissions, your Authorized Users may upload and maintain on the Service any data (including personal data of individuals), information, content and materials that are relevant and necessary for your use of the Services or other TigerLRM Technology (collectively, “ User Materials ”). You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of such User Materials and their inclusion and utilization in the Service. You must ensure that you have all necessary legal rights and authority to the User Materials and that such materials would not violate any law or rights of any individual. Your initial and continued ability to access, use, add, share, transmit and remove User Materials depends on the Permissions granted by the Subscriber. When sharing or transmitting User Materials via the Service, you are responsible to ensure that such sharing and transmission is appropriate and legal. You are also responsible for any backup, recovery or other steps required to ensure that your User Materials are recoverable in the case of data loss.
We have No Ownership Rights in Your User Materials. We have no ownership rights in your User Materials. You grant us and our Subcontractors permission, to access, use, reproduce, modify, perform, display, distribute and process User Materials as is reasonably necessary to perform the Service.
Monitoring of User Materials and Usage. We have no obligation to monitor or investigate your access to and usage of the Services or User Materials. However, we reserve the right, in our sole discretion and without further notice to you, to monitor or investigate a User Account if we believe, that it is necessary:
to comply with any Applicable Law, including requests by law enforcement or government agencies;
to respond to notices of alleged infringement in accordance with TigerLRM Copyright Policy.
to respond to Complaints (explained below);
to verify compliance with this Agreement;
to protect the rights, property or safety of TigerLRM, the Organization, users and/or the public; and
for training and quality assurance purposes.
No Disclosure of Our Confidential Information. You shall not disclose TigerLRM’s Confidential Information during the Term or at any time during the five (5) year period following the end of the Term or this Agreement.
- OUR LIABILITY
Liabilities that We Cannot Limit. Nothing in this Agreement excludes or limits our liability where it would be unlawful to do so, and nothing in this Agreement affects any of your statutory rights.
Disclaimer. Some jurisdictions do not allow the exclusion of implied warranties, therefore some of the following exclusions may not apply to you. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, (A) WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED INDEMNIFICATION OBLIGATIONS, OR OTHER WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, WITH RESPECT TO ANY ASPECTS OF THE SERVICES, ANY OTHER TIGERLRM TECHNOLOGY AND ANY COMPONENTS THEREOF OR ITS USE IN CONJUNCTION WITH USER MATERIALS OR THE OUTPUT OR RESULTS OBTAINED FROM SUCH USE, ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE THEREUPON OR AS TO THE PERFORMANCE THEREOF (WHETHER PERFORMED IN WHOLE, PART OR NOT AT ALL); (B) WE DO NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY COMPONENTS OR OUTPUT THEREOF OR THAT IT WILL BE ERROR FREE OR FREE FROM MALWARE OR OTHER INFIRMITY OR CORRUPTION AND THEREFORE, OR THAT THE DATA YOU STORE WITHIN THE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN; AND (C) THE SERVICE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE IS AT YOUR OWN RISK. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT ANY EFFORTS BY US TO MODIFY OUR SERVICES SHALL NOT BE DEEMED A WAIVER OF THIS GENERAL DISCLAIMER OF WARRANTIES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES OR ANY OTHER TIGERLERM TECHNOLOGY REMAINS WITH YOU.
No Liability for Subscriber Materials, User Materials or Other Content Provided by or on behalf of You. In addition to the foregoing, we specifically disclaim all liability, and you shall be solely responsible for the development, operation, and maintenance of the Subscriber Materials, User Materials and for all other content or materials that appear on or within the Subscriber Materials and/or User Materials housed on the Services.
We are Not Liable for Third Party Services and Products. The Services and other TigerLRM Technology may require or permit the utilization of or integration with products, services and data that are made available by third party providers or may include links to third party websites. We do not control such third party products and services and assume no liability with respect to any of them. Your access and use rights to such third party products and websites may involve additional agreements between such third party provider and Subscriber or may require Subscriber and its Authorized Users to agree to additional terms and conditions. All such additional, terms, conditions or agreements do not alter this Agreement and you will be responsible for your use of such third party products and services, any associated costs and fees and any risks arising in connection therewith.
We Make No Additional Promises No opinion, advice or statement by us (including our officers, directors, employees, agents and affiliates) directly or indirectly (such as in our training or coaching materials) or by our providers or by any users, whether made on the Website, in the Services, or related to the Services or otherwise, will create any representation or warranty or obligation under this Agreement.
Limitations on Our Liability. IF YOU ARE DISSATISFIED WITH THE SERVICE YOUR REMEDY IS TO STOP USING IT. NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE TO US, OR WE WERE GROSSLY NEGLIGENT) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (1) THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO SUCH LIABILITY IN THE IMMEDIATELY PRECEDING SIX (6) MONTHS, OR (2) $1,000.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Your Indemnification Obligation to Us. You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys' fees), arising out of or in connection with any claim relating to (i) your use of the Services, other TigerLRM Technology, TigerLRM Content in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions, Additional Policies, and/or Applicable Law, (ii) Subscriber Materials, User Materials, or the combination of either with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of any Subscriber Materials, User Materials, or other content or materials of yours, (iii) your violation of any term or condition of this Agreement or any applicable Additional Policies, including without limitation, your representations and warranties, or (iv) you or your employees' or personnel's, or any Authorized User’s negligence or willful misconduct.
Notification. We agree to promptly notify you of any claim subject to indemnification; provided that our failure to promptly notify you shall not affect your obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim with counsel of your own choosing (subject to a conflicts assessment), and to settle such claim as you deem appropriate, provided that you shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.
Governing Law; Jurisdiction and Venue. This Agreement and the respective rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A., and the federal laws of the United States of America applicable therein, without giving effect to any choice or law or conflict of law provision and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, both of which are expressly disclaimed. This Agreement has been signed and delivered in the English language, American usage thereof, and such language and usage shall control. All legal proceedings concerning this Agreement shall be conducted in the English language. Each Party acknowledges that a substantial portion of negotiations and anticipated performance and execution of this Agreement occurred or shall occur in Broward County, Florida, and that, therefore, each Party irrevocably and unconditionally (i) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall exclusively be brought in the courts of record of the State of Florida in Broward County or the court of the United States, Southern District of Florida; (ii) consents to the jurisdiction of each such court in any suit, action or proceeding; (iii) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and (iv) agrees that service of any court paper may be effected on such Party by mail, as provided in this Agreement, or in such other manner as may be provided under applicable laws or court rules in said state.
Injunctive Relief; Jurisdiction. Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of TigerLRM’s or any third party's intellectual property and/or proprietary rights. Any dispute relating in any way to your visit to the Website or to products or services sold or distributed by Company or its affiliates in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $10,000 shall be adjudicated in any state or federal court in [city/state] and you consent to exclusive jurisdiction and venue in such courts.
Jury Waiver. IN ANY CIVIL ACTION, COUNTERCLAIM, OR PROCEEDING, WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATES TO THIS AGREEMENT, ANY AND ALL TRANSACTIONS CONTEMPLATED HEREUNDER, THE PERFORMANCE OF THIS AGREEMENT, OR THE RELATIONSHIP CREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANY OTHER PARTIES REGARDING THE ENFORCEABILITY OF THIS PROVISION. EACH PARTY HAS READ AND UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION.
Enforcement Costs. If any civil action, arbitration or other legal proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that civil action, arbitration or legal proceeding, in addition to any other relief to which such party may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party.
- NOTIFICATIONS AND CONTACT INFORMATION
How we notify you of changes. We may place a notice across our Website pages or App to alert you to certain changes such as material modifications to this Agreement or to the Service. Alternatively, notice may be in the form of an email, telephone or via postal services.
Our Contact Information. Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of TigerLRM’s or any third party's intellectual property and/or proprietary rights. Any dispute relating in any way to your visit to the Website or to products or services sold or distributed by Company or its affiliates in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $10,000 shall be adjudicated in any state or federal court in [city/state] and you consent to exclusive jurisdiction and venue in such courts.
If you have any questions relating to this Agreement or to the Service or any other TigerLRM products and services, please contact: [email protected] or write to our address below.
If you have any reason for a complaint, please contact [email protected] or write to our address below and we will endeavor to resolve the issue.
Our address is: TigerLRM, LLC, 1500 Concord Terrace, Suite 102, Sunrise, Florida 33323. You agree that the only way to provide us legal notice is at the addresses provided above.
- OTHER IMPORTANT TERMS
Non-Disparagement. During the term of this Agreement and thereafter, you and your Authorized Users agree not to attack, criticize, or otherwise make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, or in any way criticize the Services, other TigerLRM Technology, personal or business reputation, practices, or conduct of TigerLRM, its members, managers, officers, employees, contractors, associates, directors, and officers. You and each Authorized User acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, blogs, websites, forums, community groups or news/social media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and current/potential clients. You further understand and agree that this Section 13.1 is a material provision of this Agreement and that any breach of this Section 13.1 shall be a material breach of this Agreement, and that we would be irreparably harmed by violation of this provision.
Circumstances Outside Our Control. While we will endeavor to provide the Services to you, you understand and agree that we would not be liable for delays or failure in the performance or delivery of Services due to acts of God, unforeseen circumstances or other causes beyond our reasonable control.
Sections that Survive Termination of this Agreement. All sections of this Agreement which by their nature survive termination shall continue in full force and effect beyond any termination of this Agreement, including, without limitation, all provisions which relate to proprietary rights, disclaimers, limitation of liability, waiver and indemnification.
Severability of Terms. If one or more of the provisions of this Agreement shall be held unenforceable by a court in any applicable jurisdiction respect, then such provision shall be deleted from this Agreement to the minimum extent, and the remaining provisions will continue in full force and effect. Any such judicial interpretation requiring limitation or deletion of a provision shall be valid only in the jurisdiction in which such interpretation is made.
Conduct Does Not Waive Rights. No express or implied waiver by us of any breach of any term, condition or obligation of this Agreement by you or any Authorized User shall be construed as a waiver of any subsequent breach of that term, condition or obligation or of any other term, condition or obligation of this Agreement of the same or of a different nature, nor shall any failure or delay by us to exercise any right under this Agreement operate as a waiver of any such right, unless such waiver is in writing and signed by us.
Headings and Section References for Convenience Only. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. All references in this Agreement to Sections, paragraphs and exhibits shall, unless otherwise provided, refer to Sections and paragraphs of this Agreement and exhibits attached hereto.
Force Majeure. Except for payment obligations, neither Party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outage, utilities or telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of any successor(s) or permitted assign(s) of the parties hereto.
Fair interpretation. This Agreement shall not be strictly construed against either Party.
Relationship. Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).
Assignment. Neither Subscriber nor any Authorized User may assign or transfer its interests, rights, or obligations under this Agreement by written agreement, merger, consolidation, operation of law, or otherwise, without the prior written consent of an authorized executive officer of TigerLRM. Any such attempt to assign this Agreement by Subscriber or any Authorized User shall be null and void. Furthermore, for the purposes of this Agreement the acquisition of an equity interest in Subscriber of greater than 50 percent by any third party shall be considered an “assignment” by Subscriber. TigerLRM may assign this Agreement or transfer any right or delegate any duty under this Agreement.
Entire Agreement. This Agreement, including all applicable Sales Orders, incorporates by reference all policies and guidelines posted on the Website, including all Additional Policies, and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.
Acknowledgement. All parties indicate that they have read this agreement, understand it, and agree to be bound by its terms and conditions.
Effective Date. This version of this Agreement is effective as of July 11, 2022.