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PRODUCT-SPECIFIC TERMS FOR NEONCRM
Last Updated: October 2019
These Neon One Product-Specific Terms for NeonCRM (these “NeonCRM Terms“), which are Additional Terms subject to the Neon One General Terms of Service made available at https://neonone.com/termsofservice/ (the “Terms of Service”), set forth the terms and conditions upon which Neon One, LLC, directly or through any of its affiliated companies including, without limitation, Neon CRM, Rallybound, Arts People, and CiviCore (“Neon One“, “we” or “us”) offers you, our end-users (“Customer“, “you” or “your”), access to Neon One’s NeonCRM proprietary cloud-based software-as-a-service solution made available through the Site and/or any Neon One mobile application (“NeonCRM”). Access to NeonCRM is provided solely in accordance with, and subject to these NeonCRM Terms, the Terms of Service, the Sales Order, and any other Additional Terms. Capitalized terms used in these NeonCRM Terms and not otherwise defined herein shall have the meanings provided in the Terms of Service.
This is a legally enforceable contract. By submitting or otherwise agreeing to a Sales Order, clicking “I Agree” to the Terms of Service or by accessing or otherwise using NeonCRM, you agree to be bound by these NeonCRM Terms, the Terms of Service, the Sales Order, and any other applicable Additional Terms. If you do not agree to all such terms, do not access or use NeonCRM.
From time to time, Neon One may modify these NeonCRM Terms in the same manner in which the Term of Service may be modified in accordance with the terms thereof.
We recommend any nonprofit organization considering use of the NeonCRM to attend one of our twice-weekly demonstration to ensure NeonCRM is a good fit for your organization. Click here to view schedule or register (https://www.neoncrm.com/demo/).
1. Your USE OF NeonCRM
1.1 Within twenty-one days following the date of the applicable Sales Order, Neon One shall create a system administrative user account for Customer to access NeonCRM.
1.2 Customer agrees to use NeonCRM in accordance with the operating rules contained in Section 3 herein (the “NeonCRM Operating Rules”). Neon One reserves the right to amend the NeonCRM Operating Rules, at its sole discretion, for any legitimate business purpose including but not limited to strategic planning of its brand.
2. INDEPENDENT CONTENT PROVIDER.
2.1 Under these NeonCRM Terms, Neon One is an independent content provider (“ICP”). As an ICP, Customer is responsible and liable for any and all activities conducted through its account on NeonCRM by Customer and Customer’s Authorized Users regardless of whether or not Customer has authorized any such uses.
3. OPERATING RULES.
3.1 Customer agrees to use NeonCRM only for lawful purposes. Customer is responsible for any and all activities that occur under the Customer’s user accounts, including without limitation the transmission or display of any Output or Customer-generated or other information, communications, software, photos, video, graphics, music, sounds, or other material (collectively “Content”) and shall abide by all Applicable Laws. Customer shall notify Neon One within twenty-four hours of any potential Intellectual Property Rights issues and use reasonable efforts to immediately stop any copying or distribution of Content that may be subject to Intellectual Property Rights issues.
3.2 Customer shall provide Neon One notice of any changes to registration information with respect to Customer’s use of NeonCRM including but not limited to the identity, email addresses, and passwords of Customer’s authorized list administrators within three business days of any such changes. Updates shall be sent to firstname.lastname@example.org.
3.3 Customer shall notify its Authorized Users that Neon One is not responsible for and does not give any assurance to any person with respect to the validity, value, usefulness, or accuracy of Content or Output. Customer and any person using Customer’s account shall bear all risk associated with any Content or Output used on NeonCRM or in connection with Services detailed in the Sales Order.
3.4 All communications utilizing NeonCRM must contain a valid Customer email address. Customer may not use NeonCRM to send email with an invalid “From” or Reply-to” address.
3.5 Customer must be responsive to all replies utilizing NeonCRM including unsubscribe requests. NeonCRM will automatically include the unsubscribing section in the footer of email campaigns. Customer must respond to these unsubscribe requests within fourteen calendar days. Customer may not discard or delete any opt-out email until that email address has been deleted from the Customer list(s).
3.6 Customer may not impersonate any person, including but not limited to a Neon One agent, or communicate under any name or alias Customer is not entitled or authorized to use.
3.7 Customer and Customer’s users may not use NeonCRM to harass, threaten, embarrass, or otherwise cause distress to any person or entity.
3.8 Customer may not post or transmit Content on NeonCRM that is unlawful, sexually explicit, racially objectionable, or otherwise morally offensive, as determined by Neon One in its sole discretion.
3.9 Neon One may monitor Customer’s use of NeonCRM, including Content. Neon One has the right, but not the obligation, to require Customer to remove any Content utilizing NeonCRM that Neon One, in its sole discretion, determines to be harmful to its business reputation.
3.10 Neon One may monitor any and all areas of NeonCRM to oversee compliance with this Agreement. Customer will so inform its users that their use of NeonCRM constitutes consent to such monitoring.