Terms of Service
These Terms and Conditions was last updated ib June 12, 2020.
Last Updated: June 12, 2020
1. Acceptance of Terms.
IMPORTANT! These Terms contain provisions that govern how claims you and FunnelBeam have against each other are resolved. You are required to submit claims you have against us, our agents, or our service providers to binding and final arbitration. You are not permitted to pursue claims against us, our agents, or our service providers as a plaintiff or class member in any class or representative action or proceeding. You are only permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. By using our Site or services, or entering into this agreement, you expressly acknowledge that you have read and understand these Terms.
2. Changes to the Terms.
We may change these Terms from time to time by posting a revised version of the Terms on this Site or a website that replaces this Site. Changes to the Terms are effective thirty (30) days after posting on the Site. Your continued use of the Site after these changes are posted constitutes your agreement to the modified Terms. You should review the Site frequently for revisions to the Terms. If you do not agree to the modified Terms, you should discontinue your use.
The Site contains original material, including, without limitation, information, software, text, graphics and images, trademarks, service marks, and logos (collectively “Content”) which is posted on the Site and protected by intellectual property laws. Subject to payment of applicable fees, we give you a personal limited, non-assignable, non-exclusive, and revocable-at-any-time license to use the Site as permitted by these Terms.
4. Authorized Uses.
5. Prohibited Uses.
Unauthorized use of the Site or its Content are strictly prohibited. Except as expressly provided for by these Terms or permitted by prior written consent from us, all rights are reserved, and you are not granted any rights under these Terms. If we have given you permission to make any copies of certain portions of the Content, you must retain all copyright and other proprietary notices contained in or on the Content on any copy you make of the Content. If we have not given you permission to make copies of the Content, then you agree you will not make any such copies. You may not sell, resell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content, Site, services, or other information we provide to you in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access or use the Content and the Site automatically terminates and you shall immediately destroy any copies you have made of the Content.
You may not post on or transmit through the Site (or using any information provided from the Site) any data, text, music, sound, photographs, graphics, video, messages, or other Material that:
- Is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
- Constitutes a breach of any person’s privacy or publicity rights;
- Violates any statute, regulation, or ordinance;
- Promotes software or services that deliver unsolicited mail; or
- Promotes, encourages, or facilitates terrorism or other activities that risk national security.
You may not upload, post, email, or otherwise transmit any Material on or through the Site (or using any information provided from the Site) that:
- Contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware, or similar computer programming routines;
- Is knowingly untrue, inaccurate, or misleading;
- Violates U.S. law, or is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable;
- Obtains information from or through the Site in an unauthorized manner; or
- Damages or interferes with the operations of the Site or with other users of this Site.
You further agree that you will not:
- Misuse or share passwords, Content, Site, Materials, services, or our systems or network with unauthorized users or in an unauthorized manner;
- Use another user’s account without their permission;
- Impersonate any person or entity;
- Falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use Content for any purpose inconsistent with the purpose of this Site or in violation of the Terms;
- Use hidden pages, images, or restricted access pages;
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages;
- Use any automated procedure to gather information or data from the Site by means of what is commonly called a “bot” or otherwise;
- Interfere with or disrupt the Site, servers, or networks connected to the Site;
- Integrate the Content into any customer relationship management, marketing automation, or sales enablement platform to allow unauthorized users to access or use the Content;
- Breach or attempt to breach the security of software, networks, servers, data, computers, or other hardware relating to the Site (or that of any third party that is hosting or interfacing with any part of the Site);
- Create any frames at any other websites pertaining to or using any of the information provided through the Site, or promote bonus items, giveaways, random drawings, contests, or prizes on the Site;
- Duplicate, copy, or otherwise exploit the Site or its Content for commercial purposes; or
- Violate the rights of third parties.
FunnelBeam may, in its discretion, at any time, modify, suspend, or discontinue this Site, or any services offered through the Site, temporarily or permanently, for any reason, with or without notice to you.
You agree to pay for all applicable fees relating to the use of the Site, Content, Materials, or services you subscribe to. All subscriptions are annual with monthly or annual billing sales payments. All sales are final once the purchase is completed.
7. User Submissions.
If you post or store on the Site any Material(s), you warrant that you own and control the rights to such Material, or that you have obtained the permission of the owners of all rights to such Material, and that it does not violate or infringe upon our or any third party’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, and, to the extent protectable, confidential ideas).
You also warrant that the Material is truthful, accurate, complete, and lawful and agree to update the Material as necessary to maintain its truthfulness, accuracy, and completeness. You further warrant that the Material does not violate these Terms and will not cause injury to third parties. You agree that you are solely liable for damages caused by the Material, including to third parties, for infringement or otherwise.
We do not ratify, subscribe to, or advocate your views, opinions, recommendations, advice, or theories. We are not responsible for reviewing Materials for accuracy, completeness, legality, or otherwise. We reserve the right, but not the duty, to monitor your posts or Materials. We may remove, disable, or restrict access to or the availability of any Material from the Site that we believe, in our discretion, to violate these Terms (whether or not we are, in fact, correct in our assessment). If you believe that we have acted mistakenly with respect to certain Material, you may contact us, in which case we may investigate the matter further. We may, however, take no further action. Posting or storing Material at the Site is a privilege, not a right.
The Content or Materials appearing on our Site may include technical, typographical, or photographic errors. FunnelBeam is not responsible for these errors. FunnelBeam may make changes to the Content, Materials, or other information contained on the Site at any time without notice.
8. Intellectual property.
This Site contains our intellectual property and that of other third parties and is protected by U.S. and international copyright law and other intellectual property laws. Unauthorized reproduction or distribution of the Site, its Content, in whole or in part, without our express written consent, may result in civil and criminal penalties, and may be prosecuted to the maximum extent possible under law. The publication or dissemination of any link to the Content of this Site, other than a hyperlink to this Site, without our express, written consent is prohibited and may result in termination of your rights to use or access the Site.
We grant you a personal, limited, non-exclusive, non-assignable, revocable-at-any-time license to view Content available on the Site. The Content you view may be subject to other licenses and you agree to abide by those licenses. We may limit your ability to view Content at our sole discretion. Unless otherwise explicitly stated in this Section, we do not provide you with any right to our intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise.
You agree not to modify, alter, remove, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Site. You agree not to use any of the trademarks, service marks, or other Content accessible through the Site for any purpose other than the purpose for which this Content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Site. Unless otherwise specifically agreed in writing by FunnelBeam, you agree not to adapt, translate, modify, decompile, disassemble, copy, create derivative works of, or reverse engineer this Site or any software or programs used in connection with this Site.
9. Third-Party information
If you believe that we have provided a link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable or delete it.
We make attempts to reasonably comply with the Digital Millennium Copyright Act of 1998. You may contact us if you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Site without authorization. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
You shall use commercially reasonable efforts to maintain the privacy, security, and confidentiality of your access to the Content, Materials, Site, and services we offer. You shall choose a strong and secure password that you shall keep secure and confidential. You shall promptly notify FunnelBeam in the event of a security breach or unauthorized use of your account. You are solely responsible for any damages incurred as a result of the unauthorized use of your account.
11. Termination of Use.
FunnelBeam may, in its discretion, modify, terminate, or suspend your access to all or part of the Site, Content, Materials, or other services offered through the Site, temporarily or permanently, for any reason, with or without notice to you. However, if FunnelBeam terminates for a reason other than your misconduct or breach of these Terms, and you have prepaid for services, FunnelBeam may provide you a pro rata credit for any pre-paid amounts. Suspending, terminating, or disabling your account may affect your access to services, Materials, the Site, or other items on the Site. Upon termination of these Terms for any reason, your license to use the Site will terminate and you shall immediately cease use.
YOUR USE OF THE SITE, SERVICES, CONTENT, OR MATERIALS IS AT YOUR OWN RISK. THE SITE, SERVICES, CONTENT, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE, SERVICES, CONTENT, MATERIALS, INFORMATION, SOFTWARE, FUNCTIONS, PROCESSES, OR OTHER CONTENT PROVIDED OR REFERENCED HEREIN.
WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DISCLAIM ALL WARRANTIES RELATING TO THE AVAILABILITY, ACCURACY, SECURITY, PRIVACY, CONFIDENTIALITY, APPROPRIATENESS, RELIABILITY, COMPLETENESS, OR TIMELINESS RELATING TO THIS SITE. WE DISCLAIM ANY WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED, OR ERROR FREE OR THAT WE WILL CORRECT ANY DEFECTS. WE MAKE NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES.
The Terms do not affect those statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
14. Representations and Warranties.
You represent and warrant that you:
- Have the right and authority to enter into these Terms;
- Have the right and authority to provide us with the Materials or information and that such Materials do not infringe the rights of others or violate applicable law;
- Have the right and authority to provide us with access to your email, browser, professional networking, customer relationship management, or social media platforms; and
- Comply with applicable law.
You agree to defend, indemnify, and hold us harmless from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, arising or resulting from:
- Your breach of these Terms;
- Your access to, use or misuse of the Site, or any Content, Materials, information or services provided for on or by the Site;
- Your negligence, actions, or omissions;
- Your violation or alleged violation of any law, regulation, or ordinance; or
- Your violation or alleged violation of the rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under these Terms. In such case, you agree to cooperate with any reasonable requests to assist us in the defense of such matter. Your obligations as stated herein survive these Terms and your use of the Site.
16. Limitation of Liability.
WHERE PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS REPUTATION, BUSINESS OPPORTUNITIES OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, OR ANY CONTENT, MATERIALS, INFORMATION, OR SERVICES PROVIDED FOR ON OR BY THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF YOU HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
WHERE PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY LIABILITY WITH RESPECT TO PROPERTY DAMAGE OR PERSONAL INJURY RESULTING FROM YOUR USE OF THE SITE. WE ARE NOT LIABLE WITH RESPECT TO DEFAMATORY OR OFFENSIVE CONTENT ON THE SITE.
WHERE PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY USER’S OR THIRD PARTY’S ILLEGAL CONDUCT RELATED TO THE SITE.
WHERE PERMITTED BY APPLICABLE LAW, FunnelBeam IS NOT LIABLE FOR THE ACCURACY, COMPLETENESS, AVAILABILITY OF THE SITE, CONTENT, MATERIALS, OR SERVICES.
WHERE PERMITTED BY APPLICABLE LAW, IF WE ARE FOUND TO BE LIABLE, DESPITE THE LIMITATION FOUND IN THIS SECTION, IN NO EVENT WILL FunnelBeam LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SITE, SERVICES, CONTENT, OR MATERIALS EXCEED ONE HUNDRED DOLLARS ($100).
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability to you shall be limited to the greatest extent permitted by law.
17. Compliance with Laws.
You expressly agree to comply with applicable laws as those laws relate to the Site and these Terms, including without limitation, the Content and Materials found herein. You are solely responsible for compliance with the applicable laws of your specific jurisdiction regarding your use of the Site and these Terms, including without limitation, the Content and Materials found herein.
You are responsible for confirming the accuracy of the information you provide for each payment you submit, including, without limitation, credit or debit card numbers, routing numbers, bank account numbers, email addresses, telephone numbers, and the amount of the payment.
When you use your bank account to make a payment, you are requesting an electronic transfer from your bank account. When you use your credit or debit card to make a payment, you are requesting a payment through the appropriate payment card network. We will make electronic transfers using the Automated Clearing House network or credit or debit card network for these transactions from your bank account for all fees payable during your subscription term or any other amount you owe. Once you have provided us your authorization, you may only cancel the electronic transfer or credit or debit card transaction using the directions provided to you during the authorization process. You authorize us to use a third party to process your payment, and consent to the disclosure of your payment information to any necessary third parties for payments, collections, audits, or related purposes.
You understand that FunnelBeam is not a consumer reporting agency as defined by the Fair Credit Reporting Act. You shall not use FunnelBeam data for any purposes relating to consumer reports enumerated in the FCRA. You shall not use any part of FunnelBeam data for the purposes of serving as a factor in (a) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing credit obligations, (b) evaluating an individual for employment purposes, (c) determining an individual’s eligibility for a license or other benefit that depends on an applicant’s financial responsibility or status, or (d) for any purposes under the FCRA. You shall not use any FunnelBeam data in the preparation of a consumer report or in such a manner that may cause such data to be characterized as a consumer report. You shall not take any adverse action based on FunnelBeam data against any consumer. The terms consumer reporting agency, consumer report, and adverse action have the meanings given to them under the FCRA.
You shall comply with any applicable privacy laws.
You shall respect the privacy rights of individuals. You shall provide individuals with a privacy notice required for the processing of their personal data. You shall use, maintain, and document appropriate legal purposes and means for processing personal data. You shall use adequate means to transfer personal data where required to do so. You shall obtain the consent of individuals when using personal data in a manner inconsistent with the notice provided to them at the time of collection.
You shall allow individuals to opt out of receiving emails, calls, or other communications from you. You shall maintain exclusionary lists relating to individuals who wish not to receive emails, calls, or other communications from you. You shall comply with applicable do not call and do not email lists.
You shall process personal data only for limited and specified purposes consistent with the consent provided by the individual. You shall notify us if you determine that you can no longer meet your obligations under applicable privacy laws. You shall either cease processing personal data when you make such a determination or take other reasonable and appropriate steps to remediate.
In compliance with applicable law, we may request that you delete the personal information of individuals who have requested that their personal information be deleted. Upon request or upon termination of these Terms, you shall delete any personal information or data we have provided to you.
You and FunnelBeam hereby agree that any dispute, claim, or controversy arising out of relating to the Terms, the Site, the Contents, the Materials, or services, will be settled in binding arbitration between you and FunnelBeam—-not in a court of law. The Federal Arbitration Act governs the interpretation and enforcement of this obligation to arbitrate.
You and FunnelBeam hereby waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and FunnelBeam otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. Notwithstanding the foregoing, both you and FunnelBeam retain the right to bring an individual action in small claims court (if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of either party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You and FunnelBeam agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding. Unless both you and FunnelBeam agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and FunnelBeam right to appeal the court’s decision. All other claims will be arbitrated.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form notice of dispute. If you and FunnelBeam are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or FunnelBeam may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s web site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party.
The arbitration hearing will be held in a location agreed between you and us. If we cannot agree, either party may request an arbitrator to decide the location of the hearing. If the value of the relief sought is $10,000 or less, you or FunnelBeam may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and FunnelBeam, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you or FunnelBeam may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving different users. The arbitrator’s award is final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Unless otherwise determined by the arbitrator, each party will be responsible for their own fees.
We may send you notices, statements, or any other type of communication by regular mail or email, by posting it on our Site, or by any other reasonable methods.
You may provide notice to FunnelBeam at:
Attention: Privacy Officer
132 Dunsmuir Way, Menlo Park, CA 94025
You may ask questions or contact us by email at [email protected]
FunnelBeam may provide notice to you using the contact information you provided to us when you subscribed to our services.
21. Other Terms.
A. Choice of Law and Venue.
These Terms are governed by the internal substantive laws of the State of California without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts in San Mateo County, California. This choice of law and venue provision do not apply to the arbitration provision or any arbitrable disputes described above. Instead, the Federal Arbitration Act applies to such disputes.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
C. No Waiver.
Failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
D. Entire Agreement.
Except as expressly agreed to in writing by us, these Terms constitute the entire agreement between the parties with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
The section headings are provided merely for convenience and must not be given any legal import. References to FunnelBeam include references to its affiliates, subsidiaries, officers, directors, employees, agents, suppliers, and licensors.
These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. We may assign our rights or obligations without your consent. You may not assign or transfer any rights or obligations under these Terms (or your account) to anyone without our consent, and any assignment or transfer in violation of this section is void.
G. No Third-Party Beneficiary.
These Terms do not create any third-party beneficiary rights to any person who is not a party.
Provisions of the Terms relating to limitation of liability, indemnification, venue, choice of law, integrations, and any other provisions that by their nature should survive, will survive the termination of these Terms.
I. Public Information.
Unless you request otherwise in writing in advance, you hereby authorize us to use your company’s logo, name, or trademark on our website or in marketing.