We knew that better services could be provided, but we couldn't find them ourselves when we needed.
We, the founders of Web Apps, come from fortune 100 companies and dealt with consulting companies for years. We have experienced the complications of finding a good consulting company that could deliver up to our expectations.
Finding what appeared to be the right partner ended up being the least of the complications, executing and delivering the projects were the most challenging parts. Frequent delays and changes on budgets (always asking for more) were a constant.
Consulting with partners in the industry, we found out that what we experienced was, and still is, a common denominator in the market. Far from giving us some comfort that we were not the only ones suffering, this made us realized that there was a big opportunity for a better more reliable new type of consulting companies. We wanted to be part of this new market, we wanted to be able to help in ways we wanted to be helped.
· strive to be your partner not your vendor.
· measure our success by your satisfaction, not the size of the deal.
· invest together on our projects.
· will look at your solutions from all angles to make our vast experience in different markets and areas count.
· focus on long term relationships with our partners because we know that we can all grow together.
· assure you that if we find that we can't help you, you will be the first to know. We rather have friends instead of frustrated customers.
We provide custom development services for all sorts of industries and applications but before we get into the details of our expertise, let us tell you WHAT MAKES US DIFFERENT
We understand that finding the right partner for your development needs could be challenging, and sometimes even a full time job. We also understand that during the selection process many questions will come up but let us help you answer the 3 most important questions that everybody should keep in mind when selecting a partner:
· Selection and Evaluation of the right CRM for your needs.
· Implementation including migration, customization and integration with 3 party systems and applications.
· Integration, integrate your products with the leading CRM in the market (SFDC, MS Dynamics CRM, SAP ERP, Oracle Siebel etc) and make them available in the Appexchange and Microsoft Dynamics CRM MarketPlace.
We have extensive experience developing custom websites, web services, portals, applications, custom integrations and more.
Our professionals are experts in:
· Product and Marketing Management. Project Management.
· Business Analysis.
· Quality Assurance.
· Implementation / Development Methodologies: Agile, ASAP, and Waterfall Model.
· Development Languages: ABAP, .NET, Java, and Force.com
· Database Languages: MSSQL, MySQL, Oracle
· Commercial-Off-The-Shelf (COTS) applications such as CRMs, ERPs, BIs etc.
· Data warehouse.
· Open and proprietary API / Toolkits / Web Services
· Custom Software solutions
YES, there is an easier way to integrate your application with the leading CRMs in the market, is called Connector 1 (C1) by Web Apps.
C1 is the first application that will allow you to interact with the leading CRM's using one single web service.
· No longer you will need to learn multiple web service and APIs.
· Save endless hours of coding and recoding for multiple platforms.
· Increase your time to market and ROI when introducing new applications.
* Our UC support team can help customize your application if needed
** Some CRM marketplace might required product certifications and partnerships. This activities will required extra investments
*** Note that some CRM do not offer the possibility to create installation packages, instead configurations manuals might be an option
Service Level Agreement – SLA
by phone 786.224.4030 ext 9000, using your support password*
by email firstname.lastname@example.org
by login into our customer support system at webappsus.net **
by email email@example.com
by login into our customer support system at webappsus.net **
by email firstname.lastname@example.org
by login into our customer support system at webappsus.net **
* phone support password provided at service subscription.
** login credentials provided at service subscription.
Severity 1, Major Problem – C1 production environment unusable preventing customers from completing transactions.
For example, C1 services are not responsive.
Severity 2, Normal Problem – C1 production environment partially unusable for customers. Customers can still complete
transactions but issues are reported by the C1. For example, a specific workflow such as Leads creation is reporting errors.
Severity 3, Minor Problem – C1 production or demo environment is operational but has a superficial defect.
For example, the page layout of C1 looks bad.
Severity 1 Tickets - within 2-4 business hours.
Severity 2 Tickets - within 2 business days.
Severity 3 Tickets - within 3 business days.
Hours of support services are Monday - Friday 9 AM to 6 PM (CST).
This policy is effective as of January 1, 2014
Table of Contents
1. Information We Collect for Our Database
2. Information We Collect From Our Subscribers and Visitors
3. Our Use and Disclosure of Subscriber Information
4. Opting Out, Accessing, Correcting and Updating Information
6. Single Sign On
7. Safe Harbor Statement
8. International Transfers
10. Contacting Us
11. Special Terms Applying to Profiles
1) Information We Collect for Our Database
Information We Collect
Web Apps LLC develops and maintains a database (the "Database") of company and individual profiles (“Profiles”).
Information collected for the development of an individual Profile and/or published in an individual Profile on the Web Apps LLC Service may include: name, title, company, current position, prior position, salary, publications, articles by, about, or quoting an individual, links to social media postings by or about the individual, professional contact information and similar information.
Information collected for the development of a company Profile and/or published in a company Profile on Web Apps LLC may include: the name and title of the company’s officers and certain company employees, information obtained from the company or published by third parties.
Our Sources of Information
Web Apps LLC collects information about individuals and companies from a variety of publicly available and other sources, such as company websites, company blogs, non-confidential corporate records or reports (for example, SEC filings), press releases, news articles, magazines, social media sites, and other content published by or on behalf a company or published by data brokers or third parties in accordance with their terms and conditions for the collection, disclosure and sharing of information.
Web Apps LLC also collects information about individuals and companies from government publications in accordance with their terms and conditions for the disclosure and sharing of information.
Web Apps LLC may also receive some Information directly from the individual or company whose Profile is featured in our Database.
Finally, subscribers and other third parties who know facts about a particular individual or company may contribute some information to our Database about that individual (name, title, email, phone, social profile link (Facebook and Twitter)) or company (name, URL, address, phone, industry, revenue, employee count) if they desire.
How We Use the Information We Collect
This information collected as described above is then compiled, edited and organized through Web Apps LLC’s unique proprietary CRM Intelligence application in order to create a Profile for each individual or company
Each individual or company Profile is integrated into the Web Apps LLC Database, which is part of the Web Apps LLC Service. Subscribers of the Web Apps LLC Service have access to the Database and the Profiles and, as such, may conduct searches and save the identified Profiles meeting their search criteria for their own internal purposes. Subscribers may also contact individuals or companies using the contact information contained in Profiles. For example, an Web Apps LLC subscriber may use the Web Apps LLC Database in order to identify the specific individual who may be a decision maker in a company, and then contact the individual in order to offer goods or services for sale to the company.
Limited access to the Web Apps LLC Database is provided at no cost, whereas full access to the Database is subject to the payment of a subscription fee.
2) Information We Collect From Our Subscribers and Visitors
Information Our Subscribers Provide About Themselves or Their Business
Our primary goal in collecting personal information from subscribers of the Web Apps LLC Service is to provide them with a smooth and efficient experience while communicating with us and using Web Apps LLC. This allows us to provide customized services and features that are most likely to meet subscribers’ needs and that make their experience easier and quicker.
When an individual expresses an interest in obtaining information about Web Apps LLC or registering to use the Service, Web Apps LLC requires the individual to provide us with contact information such as name, company name, address, phone number, and email address. Web Apps LLC may then use the contact information provided to reach the individual via email or phone.
When a subscriber purchases services, Web Apps LLC may require the subscriber to provide financial qualification and billing information, such as billing name and address, payment/credit card number, and the number of employees within the organization that will be using the Service. Web Apps LLC may also ask for additional information, such as company annual revenues, number of employees, or industry.
Payment Card Information
Web Apps LLC does not retain payment or credit card numbers. This information is passed on immediately to our payment card processing service, which is required to use this information only for the processing of each specific transaction.
Once registered for the Service, a subscriber is able to add companies to his or her watch lists and automated search agents. We will retrieve and share information of interest to a subscriber, such as noteworthy events, address, phone number, and names of contacts on the companies that the subscriber wishes to watch.
Information Our Subscribers may Provide for the Lead Referral Program
If a subscriber chooses to use our lead referral service to refer a third party to our site, the subscriber must first ensure that his/her business partner has agreed to share their contact or other information with us. In this case, we will ask for the third party’s contact name, email address and phone number. We will use this information to contact the third party (example, via a one-time email or phone call) about becoming a subscriber of Web Apps LLC. Web Apps LLC stores this information for the sole purpose of following up on the lead and tracking the success of our referral program.
The third party may contact us to request that we remove his/her/its information from our lead referral contact list. See the Contacting Us section of this Policy for contact details or visit our website at http://www.webappsus.net/#contactus.
Usage Data We Gather
We also receive and store certain types of information whenever an individual (subscriber or visitor) interacts with our Site. Web Apps LLC automatically receives and records information on its server logs from the individual’s browser including the individual’s IP address, browser type, date/time stamp, Web Apps LLC cookie information, the page(s) that the individual requested, and the referring/exit pages.
Generally, our Service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components, similar to TV ratings that indicate how many people watched a particular show
If an individual corresponds with Web Apps LLC via email, or other method regarding his or her activities or postings on the Site, Web Apps LLC will treat that email or other correspondence as ordinary business correspondence and will retain it according to its standard corporate information retention policies.
3) Our Use and Disclosure of Subscriber Information
Except as set forth in this Policy or under express permission from the subscriber, at no time will we share the personal information that subscribers submit for Web Apps LLC access with anyone, including other subscribers.
When subscribers provide us with personal information to include in a published individual Profile about the subscriber or any information to include in a published company Profile, the subscriber gives us permission to use and disclose that information for the purpose of providing the Web Apps LLC Service as described above.
Subscribers should be aware that any information provided in these areas may be read, collected and used by others who access them.
Subscribers may contact us to request removal of personal information from our blog or testimonials. See the Contacting Us section of this policy for contact details. As a subscriber, in some cases we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Web Apps LLC uses IP addresses to help diagnose problems with our servers and to administer the Site. Generally, IP addresses tell us the location from which a person is connecting to us, what service provider the person is using, and which parts of the Site the User is visiting. We reserve the right to track IP addresses for the purposes of fraud prevention, and we reserve the right to release IP addresses to legal authorities.
Behavioral Targeting / Re-targeting
NOTE: Participant may also link to the NAI opt-out mechanism http://www.networkadvertising.org/managing/opt_out.asp
To whom we may Disclose Information
Disclosure to Service Providers
Web Apps LLC may engage third parties to perform necessary business functions on its behalf, such as outside contractors or service providers (e.g. hosting company, consultants) for example, in connection with communications to users, payment processing and other aspects of Site operations. If it is necessary to perform their functions, these third parties may have access to Individual or Company information or Profiles. These third parties are required not to use any information or Profile for any purpose other than to provide services to Web Apps LLC. They are also required to protect the information and Profiles with adequate reasonable security measures.
Transfer to Acquirer or Successor entity
Finally, if Web Apps LLC sells a substantial portion of its assets or is acquired, reorganized, merged into another entity, goes out of business or enters bankruptcy, it is likely that subscriber, Profile and other business information (including the Web Apps LLC Database) will be one of the business assets transferred in connection with such a transaction. You acknowledge that such transfers may occur and that any acquirer or successor of Web Apps LLC or its assets may continue to use your personal information as set forth in this Policy. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Web Apps LLC contains links for subscribers to access other sites. Web Apps LLC is not responsible for the privacy practices or the content of such Web sites. We encourage subscribers to review the policies of these sites.
Social Media Features
4) Opting Out, Accessing, Correcting, Updating, and Removing Information
Additions, Corrections - Individuals
Any individual has the right to obtain access to the Profile and Information that we hold about him or her.
If the individual determines that the Profile is incomplete or that factual information about him or her or the company is incorrect (e.g., wrong college degree), he or she may propose an addition or correction. We will accept and implement the proposed addition or correction upon receiving adequate proof of the authenticity and accuracy of the supplied information and if the supplied information meets our selection criteria and internal policies regarding information collected for the creation of Profiles.
To request access, addition or correction of your Profile information, please contact us as indicated in the Contacting Us section below, or visit our website at http://www.webappsus.net/#contactus. We will respond promptly in accordance with our internal policies on access, addition or correction to Profiles and sources of information.
Additions, Corrections - Subscribers
Subscribers may update or change their registration information (and their Profile) by editing their user or organization record. To update a user Profile, please click on "My Profile" or email us at email@example.com if you require any assistance.
Opting Out - Individuals
An individual has the right to request that Web Apps LLC unpublish, remove, or make unavailable to third parties any information about him or her from the Web Apps LLC Databases or disconnect a link to another site. We will respond promptly in accordance with our internal policies on access to Profiles.
To request that Web Apps LLC unpublish your Profile or remove a link, please contact us as indicated in the Contacting Us section below or visit our website at http://webappsus.net/#contactus
Please note that while access by general subscriber population will be discontinued, we may retain and use some or all Profile information as necessary for the management of our Database (for example, to identify your name and profile as blocked from publication) or to comply with our legal obligations, resolve disputes and enforce our agreements.
Opting Out - Subscribers
Subscribers may opt-out of receiving promotional communications by contacting us at firstname.lastname@example.org Subscribers of our Free services agree to receive our promotional communications while continuing to use such Services at no cost. Free Service subscribers electing to unsubscribe from receiving our promotional communications, will no longer be able to access our Free Service.
Individual subscribers designated as "administrators" may not opt out of receiving administrative notices, which are not promotional in nature.
If you wish to cancel your account or request that we no longer use your information to provide you with services contact us at email@example.com
The authorized representative of a corporation or other business or entity (other than a natural person) may obtain access to the Company's Profile and be informed about the source of the information used to create that Profile.
If an authorized corporate representative determines that the Profile of the entity is incomplete or factual information about the company is incorrect, he/she may propose an addition or correction or deletion. We will accept and implement the proposed addition or correction or deletion upon receiving adequate proof of the authority of the individual to request a correction or deletion on behalf of the entity and proof of the authenticity and accuracy of the supplied information and given the supplied information meets our selection criteria and internal policies regarding information collected for the creation of Profiles.
Web Apps LLC uses industry standard security measures to protect the loss, misuse, and unauthorized access, disclosure, alteration and destruction of the information under our control. We have taken measures to protect personal information once it is received by or available through the Site, including but not limited to the following: limited and controlled access by employees, servers and data stored in a secured location, security software and hardware (such as firewalls, encryption, Secure Socket Layers) where appropriate and cost effective.
User passwords are used to secure access to the Web Apps LLC Service and subscriber information. We encrypt the transmission of user IDs and passwords using Secure Socket Layers (SSL).
As a subscriber, you may choose to have Web Apps LLC remember you on your computer; Web Apps LLC will automatically log you in by storing your user ID (but not your password) in a cookie in your browser. Our login page provides a service for subscribers to obtain a new password in case they forget their password.
When subscribers enter sensitive information (such as payment/credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
While we do our best to implement reasonable security measures, we do not guarantee that our safeguards will always work. Web Apps LLC will not be liable for unauthorized disclosure of Profile or other information that occurs through no fault of Web Apps LLC, including, but not limited to, error in transmission, misuse of a subscriber’s password and login credentials, a subscriber’s failure to comply with its security obligations, and the unauthorized acts of Web Apps LLC’s employees. Transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure.
6) Single Sign On
You can log in to our sites using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form.
7) Safe Harbor Statement
Web Apps LLC has certified that it abides by the Safe Harbor privacy principles as set forth by the U.S. Department of Commerce regarding the collection, storage, use, transfer and other processing of personal information transferred from the European Economic Area ("EEA") or Switzerland to the U.S. Web Apps LLC's Safe Harbor certification can be found on the U.S. Department of Commence Safe Harbor List. For more information about the Safe Harbor principles, please visit http://www.export.gov/safeharbor. Web Apps LLC will take steps to remedy any problem arising out of a failure to comply with the Safe Harbor principles. Web Apps LLC may not be required, however, to take any action contrary to applicable law.
8) International Transfers
Personal information held in the Web Apps LLC Database may be transferred, stored, maintained, and processed in the United States or in other countries where we have facilities or where we have engaged a service provider. This storage, maintenance or processing will be performed under privacy and security laws and standards that may not be as protective as those in your jurisdiction. If you have any concern about the above, you can have your Profile removed or unpublished from our Databases as explained above.
10) Contacting Us
If you have questions or concerns regarding this statement, you should first contact Web Apps LLC by sending email to firstname.lastname@example.org, or by mail to: Web Apps LLC
Attn: Privacy Officer
16001 Collins Avenue, Suite 504
Sunny Isles Beach, FL 33160
If you are not satisfied with our response you can contact www.thawte.com and if necessary initiate THAWTE dispute resolution process.
11) Special Terms Applying to Profiles
WEB APPS LLC IS NOT RESPONSIBLE OR LIABLE TO ANY INDIVIDUAL OR COMPANY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF THE PROFILE INFORMATION OF THAT INDIVIDUAL OR COMPANY.
PROFILE INFORMATION IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL WEB APPS LLC OR ITS LICENSORS HAVE ANY LIABILITY TO ANY INDIVIDUAL OR COMPANY FOR ANY DAMAGES OF ANY FORM HOWEVER CAUSED UNDER ANY OTHER THEORY OF LIABILITY, WITH RESPECT TO THE CONTENT, USE, AVAILABILITY, OR UNAVAILABILITY, OF THE PROFILE INFORMATION OF THAT INDIVIDUAL, OR FOR ANY OTHER REASON. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Web Apps LLC operates in the State of Florida. Its practices with respect to the handling of Profile or Personal Information are governed by the laws of the State of Florida, except for its conflicts of law principles, and will be subject to the sole and exclusive jurisdiction and venue of the courts seated in Miami, Florida, USA.
1.1. “Content” means all materials displayed or provided by Web Apps via the Services including, but not limited to information, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips. Content excludes Customer Data.
1.2. “Customer Data” means proprietary data, documentation, information or materials provided by You to Web Apps in connection with the Services. Customer Data excludes the Content.
1.3. “Enhanced Records” means Your Records to which Web Apps Content has been added.
1.4. “Order” means a separate online or written ordering document provided by Web Apps, e.g., the Web Apps Order Form, or other order form in substantially similar format approved by Web Apps, describing the type of Service, Subscription Term (defined below), pricing, and any restrictions other information about the Services provided by Web Apps. Each Order shall be effective when signed or electronically authorized by You and Web Apps.
1.6. “Records” means a group of fields provided by You that store information about Your business. Information You provide as part of a Record will be treated as Customer Data and is Your Confidential Information.
1.7. “Seat” means a license for a single individual to use the Subscription Services. Seats are assigned to named individual users authorized by You to Use the Subscription Services and who have been supplied user identifications and passwords by You or by Web Apps on Your behalf. You shall assign Seats to users who are Your employees, consultants, contractors and agents provided that You are responsible for their usage and may reassign Seats as required by your reasonable business requirements (e.g. reassigning seats of terminated employees). The maximum number of Seats you may Use and assign is specified in the Order and the number of Seats purchased may not be decreased during the Subscription Term.
1.8. “Services” means Subscription Services or Professional Services.
1.9. “Subscription Services” means the proprietary Content, data, information, products, services, online or offline applications provided by Web Apps via the Site or other internet-enabled mechanism as specified in the Order.
1.10. “Use” means to access, provide information to or retrieve information from, visit or view the Subscription Services.
2.2. Enhancements. Web Apps may make modifications including periodic upgrades or enhancements and changes to the Subscription Services at any time without notice to You. Web Apps reserves the right to discontinue offering the Subscription Services to You at the end of Your Subscription Term.
2.3. Third Party Services. The Subscription Services may be linked to third party sites or applications (“Third Party Services”). Web Apps does not endorse, warrant, or control such Third Party Services, and is not responsible for the legality, quality, accuracy, integrity, fitness, reliability, or availability of any Third Party Services You purchase or connect to, or any descriptions or promises related to the foregoing. Your agreement to use such Third Party Services is solely between You and such third party provider. If You enable Third Party Services for use with the Services or access the Subscription Services from the Third Party Services, You acknowledge Web Apps may access and use basic account information solely as required for provisioning of such Third Party Services with the Subscription Services, including providing Customer Data to such Third Party Apps. If You do not want to permit the exchange of Customer Data or account information with Third Party Apps, You may prohibit or restrict such access by not enabling such Third Party Apps for use with the Subscription Services.
2.5. Corrections to Content. To the extent You provide Web Apps with corrections to Content, Web Apps shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Content, any such corrections.
Your subscription to the Services will start on the date specified in and continue for the duration specified in Your Order Form (the “Subscription Term”). The Subscription Term will automatically renew for additional Subscription Terms of the same duration unless either party provides notice of its intention not to renew at least thirty (30) days prior to expiration of the then-current Subscription Term. The initial and each renewal Subscription Term is subject to and contingent upon the payment of the applicable fees, if any, due 30 days prior to the start of the Subscription Term, (or other period as set forth on the Order). Web Apps reserves the right to change the applicable fees or charges and to institute new charges and fees at the end of the initial Subscription Term or then current renewal Subscription Term upon 60 days prior notice to You, (which may be sent by email). Notification of non-renewal for monthly online orders may be given on or before each monthly billing cycle anniversary date.
4. FEES AND PAYMENT.
4.1. You shall pay to Web Apps the applicable fees for the Services. Fees are due and payable as of the Effective Date or in accordance with the Order. If You provide credit card information to Web Apps, You authorize Web Apps to transmit customer identifying information in order to bill such credit card, at the time You order any Services as set forth in the Order and, at the time of any renewal, for the amount charged for any renewal Subscription Term(s). Payments other than by credit card will be invoiced by Web Apps due and payable thirty (30) days from the Effective Date or as otherwise agreed by the parties in the Order. Delinquent undisputed invoices are subject to late payment fees equivalent to 1.5% of the overdue balance per month (or the maximum permitted by law, whichever is lower), plus any expenses associated with collections. Payments must be made in US dollars, or other currency listed in the Order. Fees are exclusive of all taxes, levies, and duties imposed by taxing authorities, and You are responsible for all such taxes, excluding taxes based solely on Web Apps’ income. Except as provided herein, all Fees paid are non-refundable. Any billing disputes must be reported to Web Apps in writing within 60 days of the date of the invoice. If Your account is 30 days or more past due (except with respect to fees or charges for which there is a reasonable and good faith dispute), this shall be a material breach, and Web Apps reserves the right to suspend the Services without liability until such amounts are paid in full, in addition to any of its other rights or remedies.
4.2. Additional Seats/Enhanced Records. If and when you purchase additional Seats or Enhanced Records, You will be invoiced for such additional Seats or Enhanced Records, which will be prorated for the balance of the then-current Subscription Term. The Subscription Term of the additional Seats or Enhanced Records shall be coterminous with the expiration of the Subscription Term in effect at the time the additional Seats or Enhanced Records are added.
5. YOUR RESPONSIBILITIES.
You are responsible for all activity occurring under Your user accounts. You will: (i) maintain the accuracy, completeness, and timeliness (within 30 days of any change) of the information You provide in Your account registration and information You provide on Your users; (ii) purchase a sufficient number of Seats for your usage, e.g., assigning and using only one Seat per person (You shall not use or share a Seat among multiple users); and (iii) notify Web Apps promptly of any unauthorized use of any password or account or any other known or suspected breach of security. You are responsible for obtaining, maintaining, and supporting all internet access, computer hardware, and other equipment and services needed for Your Use of the Services. The Services may not be exported or re-exported directly or indirectly in violation of any applicable export laws; or used for any purposes prohibited by law.
7.1. As used herein, “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement (including pricing and other terms reflected in all Order Forms hereunder), Customer Data, the Services, Content, business and marketing plans, technology and technical information, product designs, and business processes. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission.
7.2. The obligation of nondisclosure set forth herein shall not apply to any Confidential Information (except Customer Data) that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party including; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; (iv) is received from a third party without breach of any obligation owed to the Disclosing Party; nor shall the obligations of confidentiality apply to any information that You, or Your users post on third party websites including through the Services. The obligation of non-disclosure shall not apply when the Receiving Party is required to disclose by applicable law, rule or regulation of any court or government agency of competent jurisdiction, or pursuant to legal process; provided that the Receiving Party gives Disclosing Party prompt written notice of the requirement to disclose, reasonable assistance in the opposing or limiting of such disclosure and limits such disclosure to that portion of the information strictly required by such court, government agency or legal process.
8. PROPRIETARY RIGHTS.
8.1. Web Apps and/or its licensors own all worldwide right, title and interest in and to the Services and the Content, in any form, format, forum, medium, means, or method now known or hereafter developed, including all related intellectual property rights throughout the world, and any suggestions, ideas, enhancement requests, feedback, recommendations that may be provided by You or any of Your users relating to the Services and the Content. You may not delete or in any manner alter the copyright, trademark, and other proprietary rights notices appearing on the Content or the Services. You agree to abide by all access and use restrictions contained in any Content made available through the Subscription Services.
8.2. As between Web Apps and You, You exclusively own all rights, title and interest in and to all Customer Data.
8.3. License To Content. Web Apps hereby grants You a worldwide license to use, copy, and modify the Content You access or are provided as part of the Subscription Services, for Your internal business purposes and not for resale or distribution, subject to the terms of this Agreement and the Order. All other rights in the Content are reserved by Web Apps.
9.2. Web Apps may immediately suspend access to the Services if Web Apps reasonably determines that Your actions are materially interfering with, causing substantive harm to, or disrupting the Services or are causing material legal liability to Web Apps, its licensors or other customers. In the event that Web Apps suspends Your access to the Services, Web Apps will use commercially reasonable efforts to provide prior notice to You and resolve the issues causing the suspension of Services. You agree that Web Apps shall not be liable to You or to any other third party for any suspension of the Services pursuant to this Section 9.2.
9.3. Further, with respect to the Free version of the Services, either party may terminate an Order under this Agreement for convenience at any time.
10. WARRANTY, DISCLAIMER.
10.1. Professional Services. Web Apps hereby represents and warrants it will provide the Professional Services in a professional, workmanlike manner.
10.2. Subscription Services. Web Apps is not responsible for damages suffered by users for their actions taken in reliance on Web Apps supplied Content, including losses for purchases or sales of any securities or investments or delays in removing, inaccurate, unlawful or otherwise objectionable information. Except as expressly provided, Web Apps is not responsible or liable for the accuracy, completeness, reliability, or availability of the Subscription Services or Content displayed via the Services. You assume sole responsibility and liability for Your use of the Subscription Services, including, without limitation, any Content that is accessed therein.
10.3. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1 ABOVE, THE SERVICES AND ALL CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY WEB APPS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2. You will defend Web Apps and its licensors against a third party claim: (i) that the Customer Data, or Your use of Content in violation of this Agreement, infringes any third party’s U.S. copyright or trademark rights or has otherwise harmed a third party or violates applicable law; (ii) arising from Your breach of section 10.4, or Your unlawful redistribution of Content, or Services, and You will indemnify Web Apps against any associated damages, liability or costs, or attorney’s fees awarded by a court of final appeal or settlements to which You consent. Your indemnity obligation shall not apply with respect to a claims caused by Web Apps’ violation of applicable law.
11.3. A party’s obligation to indemnify the other party is contingent upon: (i) the indemnified party promptly notifying the indemnifying party in writing of the claim; (ii) the indemnifying party having sole control of the defense and of any negotiations for its settlement; and (iii) the indemnified party providing the indemnifying party with reasonable assistance, information, and authority necessary to perform the above.
12. LIMITATION OF LIABILITY.
12.1. IN NO EVENT SHALL WEB APPS OR ITS LICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
12.2. IN NO EVENT SHALL WEB APPS OR ITS LICENSORS HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13.5. Trademarks. All trademarks are the property of their owners; no endorsements are indicated.
Effective date: January 1, 2014