Member Terms of Service
Aniline, Inc. dba SalesAssistIQ · Last Updated: September 1, 2025
THIS IS THE SALESASSISTIQ MEMBER TERMS OF SERVICE AGREEMENT ("TERMS OF SERVICE"). THIS WEBSITE AND ITS SUBDOMAINS (COLLECTIVELY, THE "WEBSITE"), THE INFORMATION ON THE WEBSITE, AND THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES"), ARE CONTROLLED BY SALESASSISTIQ INC. ALSO DBA SALESASSISTIQ ("SALESASSISTIQ" or "SAIQ"). THESE TERMS OF SERVICE ALONG WITH ALL SUPPLEMENTAL TERMS THAT MAY BE PRESENTED TO YOU FOR YOUR REVIEW AND ACCEPTANCE (COLLECTIVELY, THE "AGREEMENT"), GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SALESASSISTIQ, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY IDENTIFIED DURING THE ACCOUNT REGISTRATION PROCESS ("YOU" or "MEMBER"), AND TO BIND THAT MEMBER TO THE AGREEMENT. IF MEMBER DOES NOT AGREE TO BE BOUND BY THE AGREEMENT, MEMBER MAY NOT ACCESS OR USE ANY OF THE SERVICES.
IF YOU HAVE A SUBSCRIPTION VERSION OF THE SERVICES FOR A SPECIFIC TERM (THE "INITIAL TERM"), THE AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SALESASSISTIQ'S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 8.6 (AUTOMATIC RENEWAL).
PLEASE BE AWARE THAT SECTION 16 (DISPUTE RESOLUTION) CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
PLEASE BE AWARE THAT SECTION 1.4 (SALESASSISTIQ COMMUNICATIONS) CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY SALESASSISTIQ IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, SalesAssistIQ will make a copy of the updated Agreement available at the Website and update the "Last Updated Date" at the top of these Terms of Service. If we make any material changes to the Agreement, we will provide notice of such material changes on the Website and attempt to notify you by sending an e-mail to the e-mail address provided in your Account registration. Any changes to the Agreement will be effective immediately for new users of the Services and will be effective for existing Registered Users upon the earlier of (a) thirty (30) days after the "Last Updated Date," or (b) your consent to and acceptance of the updated Agreement. If you do not agree to the updated Agreement, you must stop using all Services upon the effective date.
1. Use of the Services
The Services, and the information and content available on them, are protected by applicable intellectual property laws. Unless subject to a separate license between you and SalesAssistIQ, your right to use any and all Services is subject to the Agreement.
1.1 SalesAssistIQ Software
Use of any software and associated documentation that is made available via the Services ("Software") is governed by the Agreement. Subject to your compliance with the Agreement, SalesAssistIQ grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to access and use the features and functions of the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement. Some Software may be offered under open source licenses that we will make available to you upon your request. There may be provisions in the open source licenses that expressly override some of these terms.
1.2 Updates
You understand that the Services are evolving. As a result, SalesAssistIQ may require you to accept updates to the Services that you have installed on your computer or mobile device. You acknowledge and agree that SalesAssistIQ may update the Services with or without notifying you. You may need to update third party software from time to time in order to use the Services.
1.3 Certain Restrictions
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services; (c) you shall not use any metatags or other "hidden text" using SalesAssistIQ's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes to "scrape" or download data from any web pages contained in the Services; (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. SalesAssistIQ, its suppliers and service providers reserve all rights not granted in the Agreement.
1.4 SalesAssistIQ Communications
By entering into the Agreement or using the Services, you agree to receive communications from us, including via e-mail. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third party partners, and news concerning SalesAssistIQ and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
2. Registration
2.1 Registering Your Account
In order to access the features of the Services you will be required to become a Registered User. For purposes of the Agreement, a "Registered User" is a user who has registered an account with SalesAssistIQ through the Services ("Account").
2.2 Registration Data
In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account login or password with anyone, and you agree to (c) notify SalesAssistIQ immediately of any unauthorized use of your password or any other breach of security; and (d) exit from your Account at the end of each session.
2.3 Your Account
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of SalesAssistIQ.
2.4 Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. SalesAssistIQ is not responsible for any Service interruptions due to ServiceNow or other portal provider problems or any lost data caused by such interruptions.
3. Responsibility for Content
3.1 Types of Content
You acknowledge that any information, data, text, messages, tags and other materials accessible through the Services (collectively, "Content") is the sole responsibility of the party from whom such Content originated. This means that you, and not SalesAssistIQ, are entirely responsible for all Content that you upload, transmit or otherwise make available through the Services ("Your Content"). SalesAssistIQ has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content at your own risk.
3.2 No Obligation to Pre-Screen Content
You acknowledge that SalesAssistIQ has no obligation to pre-screen User added Content, although SalesAssistIQ reserves the right in its sole discretion to pre-screen, refuse or remove any User-added Content. By entering into the Agreement, you hereby provide your irrevocable consent to SalesAssistIQ's monitoring of Your platform Content.
3.3 Storage
SalesAssistIQ has no responsibility or liability for the deletion or accuracy of any User Content, including Your Content; the failure to store, transmit or receive transmission of any User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You agree that SalesAssistIQ retains the right to create reasonable limits on SalesAssistIQ's use and storage of User Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by SalesAssistIQ.
4. Ownership
4.1 Services and Insights
Except with respect to Your Content and other User Content, you agree that SalesAssistIQ and its suppliers own all rights, title and interest in the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and SalesAssistIQ software) and Insights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
4.2 Trademarks
SalesAssistIQ's name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of SalesAssistIQ and may not be used without permission in connection with your, or any third party, products or services. Third party trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
4.3 Your Content
SalesAssistIQ does not claim ownership of Your Content. However, when you post or publish Your Content on or in any Services, you represent that you own or have all necessary rights to post or publish Your Content on or in the Services.
4.4 License to Your Data
Subject to any applicable Account settings that you select, you grant SalesAssistIQ a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, perform, and display Your Content (in whole or in part) as specifically required for the purposes of operating and providing the Services to you and any other Registered Users you specifically grant access to Your Content. You further grant SalesAssistIQ the right to use Your Content to create an anonymous profile and derivative insights based on Your Content, aggregated with other anonymous User Content (the "Insights"), which SalesAssistIQ may use as part of the Services in anonymous and aggregated form; provided, however, that such Insights do not disclose any of your confidential information or disclose your identity.
4.5 Username
Notwithstanding anything contained herein to the contrary, by granting access to Your Content to other Registered Users, you hereby expressly permit SalesAssistIQ to identify you by your username (which may be a pseudonym) as the contributor of Your Content.
4.6 Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to SalesAssistIQ through its suggestion, feedback, wiki, forum, or similar pages ("Feedback") is at your own risk and that SalesAssistIQ has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to SalesAssistIQ a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
5. User Conduct
As a condition of use, you agree not to use any of the Services for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party) to (a) take any action or (b) make available any Content on or through the Services that: (i) infringes, misappropriates or otherwise violates any intellectual property right, right of publicity, right of privacy or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without SalesAssistIQ's prior written consent; (v) impersonates any person or entity, including any employee or representative of SalesAssistIQ; (vi) interferes with or attempts to interfere with the proper functioning of the Services; or (vii) attempts to engage in any potentially harmful acts directed against the Services.
6. Investigations
SalesAssistIQ may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, SalesAssistIQ shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. If SalesAssistIQ becomes aware of any possible violations by you of any provision of the Agreement, SalesAssistIQ reserves the right to investigate such violations, and SalesAssistIQ may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
7. Fees and Purchase Terms
7.1 General Purpose of Agreement: Sale of Service, not Software
The purpose of the Agreement is for you to secure access to the Services. In no way are the fees paid by you under the Agreement considered payment for the sale or license of SalesAssistIQ's Software.
7.2 Payment
Members agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Members may be required to provide SalesAssistIQ with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) as a condition to signing up for the Services. SalesAssistIQ reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.
7.3 Taxes
The payments required under Section 7.2 do not include any Sales Tax that may be due in connection with the services provided under the Agreement. If SalesAssistIQ determines it has a legal obligation to collect a Sales Tax from you in connection with the Agreement, SalesAssistIQ may collect such Sales Tax in addition to the payments required under Section 7.2.
7.4 Withholding Taxes
Members agree to make all payments of fees to SalesAssistIQ free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to SalesAssistIQ will be Member's sole responsibility.
8.6 Automatic Renewal for Member Subscriptions
If Member has a subscription version of the Services, Member's subscription will continue indefinitely until terminated in accordance with the Agreement. After Member's initial subscription period, and again after any subsequent subscription period, Member's subscription will automatically commence on the first day following the end of such period (each a "Renewal Commencement Date") and continue for an additional equivalent period, at SalesAssistIQ's then-current price. Member agrees that its Account will be subject to this automatic renewal feature unless its subscription is cancelled at least thirty (30) days prior to the Renewal Commencement Date. If Member does not wish its subscription to renew automatically, please contact SalesAssistIQ at partners@salesassistiq.io.
Free Trials and Other Promotions
Any free trial or other promotion that provides access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact SalesAssistIQ to have the charges reversed.
8. Release; Indemnification
You agree to indemnify and hold SalesAssistIQ, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "SalesAssistIQ Party" and collectively, the "SalesAssistIQ Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; or (d) your violation of any applicable laws, rules or regulations. SalesAssistIQ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
9. Disclaimer of Warranties and Conditions
AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SALESASSISTIQ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
SALESASSISTIQ MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SALESASSISTIQ OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT SALESASSISTIQ PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SALESASSISTIQ PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Third Party Materials
As a part of the Services, you may have access to materials that are provided or hosted by another party. You agree that it is impossible for SalesAssistIQ to monitor such materials and that you access these materials at your own risk.
10. Limitation of Liability
DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SALESASSISTIQ PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT SALESASSISTIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT.
CAP ON LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, SALESASSISTIQ PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO SALESASSISTIQ BY YOU DURING THE SIX (6)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SALESASSISTIQ AND YOU.
11. Procedure for Making Claims of Copyright Infringement
It is SalesAssistIQ's policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification. If you believe that your Content has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for SalesAssistIQ's Copyright Agent: SalesAssistIQ Inc., Attn: Jennifer Sheehy – Copyright Agent, 58 Valley Lane, Chappaqua, NY 10514.
12. Monitoring and Enforcement
SalesAssistIQ reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (d) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
13. Term and Termination
13.1 Term
The Agreement commences on the date when you accept them (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.
13.2 Termination of Services by SalesAssistIQ
You will have thirty (30) days from the Service Commencement Date for any Services hereunder to cancel such Service, in which case SalesAssistIQ will refund your Service Subscription Fee, if already paid. Except as set forth above, the Service Subscription Fee for each Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if SalesAssistIQ is required to do so by law, SalesAssistIQ has the right to, immediately and without notice, suspend or terminate any Services provided to you.
13.3 Termination of Services by You
If you wish to terminate the Services provided by SalesAssistIQ, you may do so by going to the "Change/Cancel Membership" page of your "Account Settings" page and cancelling your membership. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 8.6 (AUTOMATIC RENEWAL).
13.4 Effect of Termination
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
14. International Users
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. The Services are controlled and offered by SalesAssistIQ from its facilities in the United States of America. SalesAssistIQ makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
15. Dispute Resolution
Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires U.S. users to arbitrate disputes with SalesAssistIQ and limits the manner in which you can seek relief from us.
15.1 Applicability of Arbitration Agreement
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with SalesAssistIQ, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify, and (b) you or SalesAssistIQ may seek equitable relief in court for infringement or other misuse of intellectual property rights.
15.2 Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute to our registered agent: United Corporate Services, Inc., 874 Walker Road, Suite C, Dover, Delaware 19904. The arbitration will be conducted by JAMS. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.3 Authority of Arbitrator
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law. The award of the arbitrator is final and binding upon you and us.
15.4 Waiver of Jury Trial
YOU AND SALESASSISTIQ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SalesAssistIQ are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1.
15.5 Waiver of Class or Other Non-Individualized Relief
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
15.6 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@salesassistiq.io, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your SalesAssistIQ username (if any), the email address you used to set up your SalesAssistIQ account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.
16. Third Party Services
Third Party Payment Processor
SalesAssistIQ uses Stripe, Inc. ("Stripe") and its affiliates as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By submitting payment to SalesAssistIQ or buying or selling on the Services, you agree to be bound by Stripe's Privacy Policy and its Terms of Service.
17. General Provisions
Governing Law
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and SalesAssistIQ agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York County, New York.
Electronic Communications
The communications between you and SalesAssistIQ may take place via electronic means, whether you visit the Services or send SalesAssistIQ e-mails, or whether SalesAssistIQ posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from SalesAssistIQ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SalesAssistIQ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
Assignment
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without SalesAssistIQ's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure
SalesAssistIQ shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact us at: SalesAssistIQ Inc., 58 Valley Lane, Chappaqua, NY 10514. We will do our best to address your concerns.
Notice
Where SalesAssistIQ requires that you provide an e-mail address, you are responsible for providing SalesAssistIQ with your most current e-mail address. You may give notice to SalesAssistIQ at the following address: SalesAssistIQ Inc., 58 Valley Lane, Chappaqua, NY 10514. Such notice shall be deemed given when received by SalesAssistIQ by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Waiver
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability
If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Export Control
You may not use, export, import, or transfer any Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.
Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.