LEGAL

SalesPitch™

Description
SalesPitch™ (SalesPitch) is software as a service (SaaS), namely, hosting software for use by others for use allowing sales and field service individuals to update and receive data stored in computer databases in real time. SalesPitch™ is an application service provider (ASP) featuring software for use allowing sales and field service individuals to update and receive data stored in computer databases in real time. SalesPitch™ is avaialbale by telephoning the VoIP servers at +1 212-937-7725 and by using the web pages of the Internet domain www.SalesPitch.mobi.

Mission Statement
SalesPitch™ is a stand-alone cell phone service that accompanies the sales person through the sales cycles by easing the reporting load. Simply speak your reports into your phone. SalesPitch™ will telephone you when it is time to make the follow up call and even dial your prospect for you! Additionally, your sales performance is recorded and you can compare your score to other top performers at SalesPitch.mobi.

SalesPitch™ User Agreement

Terms and Conditions
SalesPitch™ and Cutlass Inc (the "We") provide a web site and SaaS for subscribers (the "You") SalesPitch™ is owned and operated by Cutlass Inc, a privately held company in New York, NY, USA. By using the SalesPitch™ website, you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.

On clicking the "CREATE MY ACCOUNT and Subscribe via PAYPAL" button as part of Sign Up process, you agree to the following terms and conditions (the "Agreement") governing your use of the SalesPitch software code and service (the "SaaS") . If you are enter into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions of the Agreement and in this case the terms "You" or "Your" refer to such entity. If you do not have authority or you do not agree the these terms and conditions, then you may not use this SaaS.

License Grant and Restrictions
SalesPitch hereby grants you a non-exclusive, non-transferable right to use the SaaS subject to the terms and conditions of this Agreement, solely for your own business purposes and solely in conjunction with valid user subscriptions to the SalesPitch. All rights not expressly granted to you are reserved by SalesPitch. SalesPitch reserves the right to change the terms of this Agreement by notifying you or by posting new or amended terms on the same website on which the SaaS was posted.

Intellectual Property Ownership
You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the SaaS in any way or reverse engineer or access the SaaS in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the SaaS, or copy any ideas, features, functions or graphics of the SaaS.

We reserve the right to modify or terminate the SaaS for any reason, and without notice, without liability to you, any other member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

We make this SaaS available to you for your personal use only. You may not use the SaaS for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, links and other content ("Materials") that you submit, post, and display on the SaaS.

You may not create or derive other services by automated means or under false or fraudulent pretenses. You may not create or transmit unwanted electronic communications such as "spam" to other Internet users; submit Materials of any third party without such third party's prior written consent; direct any visitors (for example, by linking) to any Materials of any third party without such third party's prior written consent; submit Materials that falsely express or imply that such Materials are sponsored or endorsed by SalesPitch. You may not submit Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party. You may not transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature. You may not submit Materials that are unlawful or promote or encourage illegal activity. You may not submitting false or misleading information.

You understand and agree that SalesPitch may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of SalesPitch, its affiliates or the public.

SalesPitch and Cutlass Inc disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the SaaS.

Intellectual Property Ownership
SalsePitch alone shall own all right, title and interest, including all related intellectual property rights, in and to the SaaS and any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party to SalsePitch relating to the SaaS. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the SaaS or the intellectual property rights owned by SalesPitch. The SalesPitch name and the SalesPitch logo are trademarks of SalesPitch and no right or license is granted to use them.

Termination for Cause
Any breach of this Agreement or unauthorized use of the SaaS will be deemed a material breach of this Agreement. SalesPitch, in its sole discretion, may terminate your use of the SaaS if you breach or otherwise fail to comply with this Agreement.

Disclaimer of Warranties
SALESPITCH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SAAS. SALESPITCH DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SAAS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SAAS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (D) THE SAAS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SAAS IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SALESPITCH.

Limitation of Liability
IN NO EVENT SHALL SALESPITCH'S AGGREGATE LIABILITY EXCEED ONE DOLLAR UNITED STATES OF AMERICA CURRENCY (US$1.00). IN NO EVENT SHALL SALESPITCH BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SAAS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SAAS, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE SAAS, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Additional Rights
Some states and countries do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

YOU AGREE THAT YOUR USE OF THE SALESPITCH SAAS IS ENTIRELY AT YOUR OWN RISK.

General
This Agreement shall be governed by State of New York law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of SalesPitch to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SalesPitch in writing. This Agreement is the entire agreement between you and SalesPitch and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Without limiting the foregoing, under no circumstances shall SalesPitch or Cutlass Inc be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

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