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Terms and Conditions
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Privacy Statement
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Security Statement
eSalesTrack Terms and Conditions
Subscription Agreement
for eSalesTrack, a
Soleran service
By clicking the submit
button in the order
process, you agree to
the following
eSalesTrack terms and
conditions. If you are
entering into this
agreement on behalf of a
company, then you
represent that you have
the authority to make
purchase decisions for
the company and all
references to you shall
refer to your company.
As a subscriber to
eSalesTrack, Soleran LLC
will provide hosting,
data encryption, access
and storage. If you are
registering for the
30-day free trial, then
neither you nor Soleran
will have obligations to
one another beyond the
original 30-day trial
unless you convert to a
paid subscription within
one month following the
end of the free trial.
Privacy and Security
Soleran believes that
you should have full
access to, and control
over, your sensitive
data, and that your data
must be kept secure at
all times. For more
information, see the
eSalesTrack Privacy
Statement and Security
Statement that are
publicly available from
this site. Soleran
reserves the right to
update the eSalesTrack
privacy and disclosure
agreements without prior
notice. You will be
given the opportunity to
register for eSalesTrack
marketing updates and
information, but you may
opt-out of such
e-mailings at any time.
You hereby grant to
Soleran the right to
disclose that you are an
eSalesTrack member.
License and Restrictions
Soleran grants you
global rights to use of
the eSalesTrack service
for the number of users
for which you are
subscribed. The
term "license" will be
synonymous with
"subscription" used
throughout the rest of
this agreement. An
authorized eSalesTrack
Administrator may
authorize additional
licenses.
This license is
non-exclusive and
non-transferable. The
rights are for your own
internal uses. The user
license is good for one
user only, and may not
be shared by multiple
users. However, an
account may be adopted
by a new staff member
upon the departure of a
previous member.
Unless you are a member
of the eSalesTrack
Dealer or Developer
Network, you shall not
sub-license, sell, or
resell the eSalesTrack
service. You also may
not re-engineer the
service, copy images or
features, or frame or
display the service by
proxy.
You are prohibited from
using the eSalesTrack
service to violate
applicable laws. You
cannot impersonate
another user; send Spam
or other unsolicited
commercial messages;
store or send obscene,
threatening, libelous,
or other material that
is unlawful or in
violation of privacy
rights; send or store
harmful computer code
such as viruses or
Trojan horses or files
that contain them;
interfere with the
performance of
eSalesTrack or attempt
to gain unauthorized
access to eSalesTrack or
related networks.
Any rights not
specifically granted in
this agreement are
reserved by eSalesTrack.
Upgrades and Updates in
Service
As part of your service
agreement, Soleran
reserves the right to
periodically update your
subscription service.
You may experience brief
interruptions in service
while updates are being
implemented throughout
the system. Soleran
reserves the right to
increase your
subscription service
dues and fees in line
with regular
subscription service
upgrades and price
increases throughout the
system. This increase
would be made applicable
for the following period
that has not previously
been pre-paid (monthly,
quarterly, or annually).
Responsibilities
You agree to provide
accurate billing and
account data with your
subscription. You are
responsible to abide by
local and international
laws in the use of the
eSalesTrack service.
Should you be aware of
data or password(s) that
have been compromised,
you are forbidden from
distributing that
information and are
responsible to notify
Soleran immediately at
security@eSalesTrack.com.
You are responsible for
all activity occurring
under your subscribed
User accounts and shall
abide by all applicable
local, state, national
and foreign laws,
treaties and regulations
in connection with your
use of the Service,
including those related
to data privacy,
international
communications and the
transmission of
technical or personal
data. You shall: (i)
notify eSalesTrack
immediately of any
unauthorized use of any
password or account or
any other known or
suspected breach of
security; (ii) report to
eSalesTrack immediately
and use reasonable
efforts to stop
immediately any copying
or distribution of
Content that is known or
suspected by you or your
Users; and (iii) not
impersonate another
eSalesTrack user or
provide false identity
information to gain
access to or use the
Service.
Account Information and
Data Ownership
eSalesTrack does not own
your data. However, if
you breach this contract
then eSalesTrack has the
right to remove your
information from the
service without
notification. Should
your account lapse,
eSalesTrack will make
your data available for
up to 30 days of the
account lapse. You are
solely responsible for
the accuracy of your
data.
Intellectual Property of
the Service
The eSalesTrack service,
images, and application
are the sole property of
eSalesTrack and its
licensors, if
applicable.
Contributions made
through the Soleran
Dealer Network are the
property of Soleran.
Third Party Activities
Soleran may allow third
parties to offer related
products or services
that are of value to our
subscribers. Any
interactions between
yourself and a third
party is solely between
you and the third party
and not Soleran or the
eSalesTrack service.
Payments
You agree to make
payments of all charges
in advance of the term
to be paid for, whether
monthly, quarterly, or
annually. Payments will
automatically be
processed for the next
term at the end of the
previous term. Licenses
in the middle of a
billing cycle will be
prorated.
Each account will be
charged for the number
of subscription seats
shown in their
subscription portal, not
necessarily the number
of currently Active
users. Should a
new user be added and no
subscription seats are
available, the
administrator will be
prompted to acknowledge
the addition of one
additional paid
subscription seat for
that new user.
Subscription seats are
independent of users and
are not automatically
decreased when users are
made inactive.
Administrators can
decrease the number of
subscription seats they
require down to the
total number of
currently active users
through the subscription
portal.
Soleran reserves the
right to raise its rates
as needed. You will
receive 30 or more days
advance notice of any
such increases by e-mail
or within your account.
Your account terms are
confidential and you
agree not to disclose
them to third parties.
Renewals will be the
current charge for the
billing term, multiplied
by the number of
eSalesTrack subscription
seats.
If there is a problem
with your bill, contact
billing@eSalesTrack.com
within 30 days of the
bill in question.
Non-payment will result
in suspension, and a
finance charge of 1
percent per month will
be accrued until payment
in full has been
received. If your
account is cancelled by
Soleran for activities
in violation of this
agreement, you will be
required to pay the
remaining balance due,
be subject to credit
reporting, or both. You
agree that Soleran may
charge your credit card
for any unpaid balances
or bill you by other
means.
Soleran does not charge
an additional
"reconnection fee"
beyond its standard
startup fees.
Storage Fees
Each user will have 1GB
of storage space to use
to store all data,
documents, email,
pictures, and any other
items included for use
throughout the system.
This space is per user
and cannot be used as
aggregate storage space
throughout the account.
Additional storage can
be purchased per user at
the rate of $5 per
additional Gigabyte per
user. We reserve the right to
increase additional excess storage
fees in the future
should it become
necessary.
Mutual Indemnification
You agree to hold
Soleran or the
eSalesTrack staff,
licensors, affiliates,
partners, employees,
agents, and officers
harmless against all
claims, damages, losses,
and fees, including
legal or attorneys fees
arising from any claim
of damages or
infringement arising
from the use of
eSalesTrack or other
Soleran sites.
Soleran agrees to
indemnify you and your
organization, staff,
licensors, affiliates,
partners, employees,
agents, and officers
harmless against all
claims, damages, losses,
and fees, including
legal or attorneys fees
arising from any claim
of damages or
infringement arising
from the use of
eSalesTrack or other
Soleran sites, so long
as that use does not
violate the terms of
this agreement.
In no case shall either
party's total liability
exceed the amount paid
for the service.
Disclaimer of Warranties
Although the staff of
Soleran is dedicated to
providing high-quality
CRM services, Soleran,
eSalesTrack, and its
licensors make no
guarantee of the
suitability of the
eSalesTrack for any
particular usage. This
includes the following:
While history has shown
99.9 percent up-time,
past up-time is no
guarantee of future
performance.
While the staff of
eSalesTrack has done its
utmost to guarantee the
accuracy of all
statements on the
eSalesTrack site,
Soleran does not warrant
or make any guaranty of
the accuracy,
reliability, timeliness,
or completeness of the
service or its content.
The eSalesTrack service
is provided on an "as
is" basis, and any
implied warranty of
merchantability, fitness
for a particular
purpose, or
non-infringement of
third party rights are
herby disclaimed to the
full extent permitted by
applicable law by
Soleran and its
licensors.
In some jurisdictions,
the exclusion of implied
warranties is
prohibited, and these
disclaimers may not
apply to you.
Export Control
Some features of the
eSalesTrack service may
be subject to export
control. When using the
service beyond the
borders of the United
States of America,
Switzerland, or the
European Union, it is
your responsibility to
conform to all
applicable laws.
By using the eSalesTrack
service you represent
the following:
You are not located in
an embargoed country nor
on the US Department of
Treasury's List of
"Specially Designated
Nationals."
You will comply with the
export laws of the US,
Switzerland, and the
European Union.
None of the content or
information acquired
through the use of
eSalesTrack is used in
activities associated
with missiles or weapons
that are nuclear,
biological, or chemical.
You are in conformity of
U.S. Export
Administration
Regulations, 15 C.F.R.
Parts 730-774 and
Council Regulation (EC)
No. 1334/2000, which
regulates the use of
encryption technology.
Jurisdiction
The laws of the state of
Kansas, in the United
States of America, shall
govern this agreement.
Any disputes arising out
of this agreement shall
be subject to the
jurisdiction of the
state and federal courts
located in or near
Overland Park, Kansas.
Additional Information
If you have further
questions about the
eSalesTrack terms of
service, please send an
e-mail to
termsofservice@eSalesTrack.com.
FAQs
Find out answers to all
your questions regarding
eSalesTrack and why it's
the On-Demand CRM of
choice among small and
medium businesses.
Site Map
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to all links in the
eSalesTrack website.
Resources
Great CRM industry links
and general information.
Terms and
Conditions
Please take time to read
through our Terms of
Service regarding your
eSalesTrack
subscription.
Privacy Policy
Please take time to read
through our Privacy
Policy for your
protection.
Contact Us
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you'd like to ask us
directly? Find
answers to all your
questions using any of
our multiple ways of
contacting us.
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