TERMS OF USE
TERMS OF USE
Last Updated: December 01 2023
Please read this Agreement carefully to ensure you understand each provision.
This Website domain and services associated with it are owned and managed by MySalesRep Inc.
These Terms of Use apply to all users of the MySalesRep Service. Please note that if you have executed a separate written agreement with MySalesRep Inc, regarding your use of certain MySalesRep Services, that agreement and not these Terms of Use applies to those MySalesRep Services. For example, if you have enterer a contract for service with MySalesRep under the MySalesRep Contract of Services, then your use will remain covered by such terms.
These Terms of Service (“Terms”) govern your use of MySalesRep Inc. (“Company”, MySalesRep) web site located at https://www.MySalesRep.ca or https://www.EZasbestos.ca (the “Site”) and the services that are made available through the Site (collectively, the “MySalesRep Service”). Please read these Terms carefully. By using the MySalesRep Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the MySalesRep Service.
Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your Responsibilities. You agree not to use the MySalesRep Service to violate any local, state, provincial, national, or international law or regulation.
Your Account Terms. You may not access the MySalesRep Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current MySalesRep Plan allows. The sharing of your MySalesRep Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and you are responsible to ensure that each User associated with your MySalesRep Account complies with these Terms. MySalesRep is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted, collected, modified or analyzed to your account and all activity that occurs under your MySalesRep account (even when Data is posted by others who have accounts under your Account). You may not use the MySalesRep Service for any illegal or unauthorized purpose as described in the Terms of Use.
If you are a MySalesRep Contract of Services User, please see your Account Terms as included in the MySalesRep Contract of Services User Terms of Use.
Forms and Submissions. MySalesRep does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the MySalesRep Service (“Forms and Submissions”). As between MySalesRep and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report “public”, you grant MySalesRep Inc. a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. MySalesRep Inc. does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.
Automatic Renewal. Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your MySalesRep subscription will automatically renew at the end of each billing cycle until you cancel your MySalesRep subscription by notifying us by email.
Credit card details. If you have elected to pay the fees for a MySalesRep Inc. subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, MySalesRep may suspend or cancel your MySalesRep subscription.
Downgrades. Downgrading your MySalesRep Inc. account plan may cause the loss of features, data or capacity of your account. To the extent permitted by applicable law, MySalesRep Inc. does not accept any liability for such losses.
Cancellation. Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription all.
Spam. You agree that MySalesRep, Inc. may terminate your MySalesRep Service immediately if a form created or MySalesRep, Inc. is found to be used inside an unsolicited email.
Scams. You agree that you will not use the MySalesRep Service or any form(s) you create using the MySalesRep Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a MySalesRep form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
Phishing. You agree that MySalesRep Inc. may terminate your MySalesRep Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
Collecting Sensitive Information. You may not use the MySalesRep Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of MySalesRep Inc. including SSL and Encrypted Forms features . You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, MySalesRep Inc. does not sell or share or make available your form data without your express permission.
Copyright Infringement. MySalesRep Inc. respects the intellectual property rights of others. Accordingly, MySalesRep Inc. has a policy of disabling access to any Submission that violates copyright law, suspending access to the MySalesRep Service to any user who uses the MySalesRep Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the MySalesRep Service in violation of copyright law.
Trademarks. The MySalesRep logo is a trademark of MySalesRep Inc. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with MySalesRep. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of MySalesRep Inc. All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the MySalesRep Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the MySalesRep Service, and all rights in such Trademarks is reserved by MySalesRep Inc. or respective holders.
Payments. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the MySalesRep Service. We may add to the fees at the then applicable rates.
Termination. You agree that MySalesRep Inc. may terminate your MySalesRep Service membership or suspend your access to all or part of the MySalesRep Service, without notice, if MySalesRep Inc. determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that MySalesRep Inc. shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the MySalesRep Service. You may discontinue your participation in and access to the MySalesRep Service at any time.
Upon termination of this Agreement, for any reason, you agree to cease all use of the MySalesRep Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of services and work product.
Modifications To Terms. MySalesRep Inc. may, in its sole and absolute discretion, change these Terms from time to time. MySalesRep Inc. will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the MySalesRep Service. Continued use of the MySalesRep Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To MySalesRep Service. Prices of all MySalesRep Services, including but not limited to subscription plan fees to the MySalesRep Service. MySalesRep Inc. reserves the right to modify or discontinue the MySalesRep Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the MySalesRep website or the MySalesRep Service itself.
MySalesRep Inc. shall not be liable to you or any third party should MySalesRep exercise its right to modify or discontinue the MySalesRep Service.
MySalesRep Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.
MySalesRep Inc. shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
Email Communications. By giving your email address to MySalesRep Inc. you agree to receive administrative, announcements, newsletters, sales, and marketing emails from MySalesRep Inc. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Links. MySalesRep Inc. provision of a link to any other website or Internet resource is for your convenience only and does not signify MySalesRep Inc. endorsement of such other web site or resource or its contents. MySalesRep Inc. shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.
MySalesRep Inc. is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, MySalesRep Inc. provides links to resources. MySalesRep Inc. makes no representations as to the quality, suitability, functionality or legality of any websites to which MySalesRep Inc. may provide links, and you hereby waives any claim you or the User may have against MySalesRep Inc. with respect to any such websites. Unless you have a written agreement or a specific consent in effect with MySalesRep Inc. which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that MySalesRep Inc. is affiliated with any person or entity, or that MySalesRep Inc. otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the MySalesRep Inc. name and Trademarks; (c) all links to the Websites must “point” to the URL “www.MySalesRep.ca” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.
Without limiting any of the above, MySalesRep Inc. reserves the right to revoke its consent to any link to the MySalesRep website, at any time in its sole discretion.
No Resale Of MySalesRep Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the MySalesRep Service, use of the MySalesRep Service, or access to the MySalesRep Service.
Email Delivery. MySalesRep Inc. goes to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications. We recommend installing MySalesRep mobile apps for iPhone, Apple Watch, or Android, and checking the MySalesRep site daily to make sure you did not miss any form submission notifications.
Form Availability. MySalesRep Inc. makes no warranty that forms provided by MySalesRep Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.
Disclaimer of Warranties. You understand and expressly agree that use of the MySalesRep Service is at your sole risk. the MySalesRep Service is provided on an “as is” and “as available” basis. MySalesRep Inc. expressly disclaims all warranties of any kind, whether express or implied, with respect to the MySalesRep Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). MySalesRep Inc. makes no warranty that the MySalesRep Service will meet your requirements, or that the MySalesRep Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of MySalesRep is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from MySalesRep Inc. or through the MySalesRep Service shall create any warranty not expressly made herein.
Limitation of Liability. You understand and expressly agree that, to the extent permitted under applicable law, in no event will MySalesRep Inc. or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the MySalesRep Service.
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that MySalesRep Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MySalesRep Inc. liability shall be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless MySalesRep Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the MySalesRep Service, (b) your (or anyone using your account’s) use of the MySalesRep Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and MySalesRep with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and MySalesRep with respect to the subject matter hereof. These Terms and the relationship between you and MySalesRep Inc shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the MySalesRep Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of MySalesRep Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of MySalesRep Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MySalesRep Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the MySalesRep Service.
Third Party Vendors. The User may order or use services through the MySalesRep Service from third parties not affiliated with MySalesRep Inc. ( ”Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the MySalesRep Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.
All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. MySalesRep makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider MySalesRep Inc., nor will MySalesRep Inc. be construed, as a party to, or a third party beneficiary of, such transactions, whether or not MySalesRep Inc. may have received revenue or other remuneration in connection with the transaction. MySalesRep Inc. will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.
Privacy Policy. By using MySalesRep Services you indicate acceptance of these terms and agree to our Privacy Policy.
It is the policy of MySalesRep Inc. to respect the privacy of all Users. Your use of the MySalesRep Service as well as certain other information about you is subject to the terms and conditions of our Privacy Policy, which is incorporated into these Terms by reference.