Business Member Agreement

 

These terms and conditions create a contract between you and Fio Connect (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”

 

1.  INTRODUCTION TO OUR SERVICES

This Agreement governs your use of the services provided by Fio Connect (“Services”), through which you can buy, get, license, rent or subscribe to our tools and services (“Content”). Our Services are itemized below as Membership Benefits. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (separate fees may apply). Performance of our Services may be affected by these factors.

 

2.  MEMBERSHIP BENEFITS

2.1 Business Membership

Benefits include:

  • Fio's proprietary 52-Week Plan for Growing Business, uniquely designed to help YOUR business grow  

  • Access to ready-to-go Sales and Marketing Tools, Tips, and Resources 

  • Access to Sales Training according to your industry or target market 

  • Access to Business Blogs and Q&A Forum specifically focused on New Business Development

  • Customization of Select Sales/Marketing Tools to suit YOUR company’s industry and/or area of focus

Price for this membership is per our current pricing schedule.  For more information, contact Customer Support at support@fioconnect.com


At any time, you can UPGRADE your membership as follows:

    2.2 Business Membership with Sales Management Add-on

    • All of the above resources afforded through your Basic Business Membership, PLUS: 

    • Guided 52-Week Plan for Growing Business with an appointed personal Sales Leader to provide weekly strategy unique to your business growth requirements 

    • Management of your sales team’s activity 

    • Target marketing and presentation techniques 

    • Goal setting, performance tracking and proven accountability tools

    • Motivation and coaching that drives results 

    Pricing for this membership is per our current pricing schedule and subject to change.  For more information, contact Customer Support at support@fioconnect.com.

     

    2.3 Other Custom Add-ons

    Additional Services available for add-on include:

    • CRM – your own Customer Relationship Management portal with your contacts pre-loaded and a customized sales pipeline that does all your tracking for you. 

    • Office 365 – we can help you get set up with the most relevant tools for YOUR business, making sales and marketing accessible for everyone in your company to support your business development goals. 

    • Activity Reports – weekly reports that show progress and tell you exactly what to work on in the months ahead. 

    • Tech Support for Sales - Sharepoint, security training, CRM data management, etc. 

    • Social Media Campaigns – no, you DON’T need to be on every social media platform! Find out whether your business belongs on Facebook, Instagram, Snapchat, LinkedIn, or none. We help build customized solutions for regularly scheduled social marketing that really does drive lead generation. 

    • Onsite training and workshops for strategic planning and/or sales learning. 

    These add-ons are priced and sold individually, according the our current pricing schedule.  Contact Customer Support for more information at support@fioconnect.com.

     

    3.  USING OUR SERVICES

    3.1 Payments, taxes, and refunds

    You can acquire Content on our Services under your Business Membership. Fio Connect will charge your payment method (such as your credit card, debit card, gift card/code, or other method a) for the applicable member fees, including any applicable taxes. All transactions are final. Member and Content prices may change at any time. If technical problems prevent delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Fio Connect. From time to time, Fio Connect may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulations that would entitle Fio Connect to a corresponding counterclaim.

    3.2 Subscriptions

    The Services of Fio Connect are offered on a monthly subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled.  To cancel your subscription at any time, you can do so online by clicking on My Account or call our Membership Team toll-free at 1-855-FIO-LINK (855-346-5465) for assistance. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you may cancel the subscription before the free trial ends.

    Fio Connect further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and will not be liable to you or to any third party should it exercise such rights.

    This Agreement shall begin on the date you accepted the terms.

     

    3.3 RIGHT TO CANCEL

    You may terminate your Business Membership at any time. No refunds will be paid on any remaining period.

     

    4.  PROTECTION OF USER INFORMATION

    Using our Services and accessing your Content requires an assigned user name unique to your membership, and a corresponding password. Your user ID and password are valuable, and you are responsible for maintaining their confidentiality and security. Fio Connect is not responsible for any losses arising from the unauthorized use of your user information. Please contact Fio Connect if you suspect that your user information has been compromised.

     

    5.  PRIVACY

    Your use of our Services is subject to Fio Connect’s Privacy Policy, which is available at: https://www.fioconnect.com/legal.

     

    6.  SERVICES AND CONTENT USAGE RULES

    Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Fio Connect may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

    6.1 All Services:

    You may use the Services and Content only for your unique business purposes only, accessed through your unique business user identification and password.

    Fio Connect’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.

    It is your responsibility to use the Content for business purposes as intended, and not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.

    You may not duplicate, post, or redistribute any materials that you do not have the express permission, right or license to use;

    You may not sell, rent or sub-license materials without express permission from Fio Connect

    You may not tamper with or circumvent any security technology included with the Services.

    6.2 Your Submissions To Our Services

    Certain parts of this website/portal offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website/portal. Fio Connect does not screen, edit, publish or review Comments prior to their appearance on the website/portal and Comments do not necessarily reflect the views or opinions of Fio Connect, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Fio Connect shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website/portal.

    You hereby grant Fio Connect a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing.

    Fio Connect reserves the right to monitor and remove or edit any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions. If you see materials that do not comply with the Submissions Guidelines, please contact Fio Connect directly.

    6.3 Submissions Guidelines:

    You warrant and represent that:

    • You are entitled to post the Comments on our website/portal and have all necessary licenses and consents to do so;

    • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

    • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

    • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

    You hereby grant to Fio Connect a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

    You agree to defend Fio Connect from any lawsuit brought by a third party and pay all damages and expenses (including attorney fees) finally awarded to such third party and against Fio Connect as a result of and to the extent attributable to claims arising from: (i) your postingand/or content of any Comment; (ii) your Comment infringement of any third party intellectual property right;  (iii) a breach of any of your representation, warranty of covenant under this agreement or (iv) presence on your website/portal of anylink(s) to Fio Connectthat may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

    You may not use the Services to:

    • Post any materials that you do not have the express permission, right or license to use;
    • Post objectionable, offensive, unlawful, deceptive or harmful content;
    • Post personal, private or confidential information belonging to others;
    • Request personal information from a minor;
    • Impersonate or misrepresent your affiliation with another person, or entity;
    • Post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
    • Plan or engage in any illegal, fraudulent, or manipulative activity.

     

    7.  LINKS

    If you find any link on our website/portal or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

    While we endeavor to ensure that the information on this website/portal is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website/portal remains available or that the material accessible through links on the website/portal is kept up to date.

     

    8.  BUSINESS MEMBER SHARING

    Business Member sharing allows you to share eligible Content within your business only. If a Business Member leaves or is removed from the company, access and/or saved tools and resources downloaded to that staff member’s files must be removed as well, and measures must be in placer to ensure that the former staff member can no longer access Fio Connect’s Business Member portal.

     

    9.  MAINTENANCE AND SUPPORT

    Fio Connect is responsible for providing maintenance and support for usage and content inclusions only, or as required under applicable law. Our Providers are responsible for providing maintenance and support for Third Party functionality.

     

    10.  LICENSE AGREEMENT

    Memberships made available through Fio Connect are in the form of subscriptions that are licensed, not sold, to you. Your membership is subject to your acceptance of either this End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and Fio Connect (“Custom EULA”), if one is provided. Your license to membership under this Standard EULA or Custom EULA is granted by Fio Connect. Fio Connect reserves all rights in and to the membership not expressly granted to you under this Standard EULA.

    10.1 Scope of License: Fio Connect grants to you a non-transferable license to use the materials on any business computer that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Business Member portal, as well as upgrades provided by Fio Connect that replace or supplement the original membership, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the business membership available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sub-license the membership and, if you sell your business computer to a third party, you must remove the membership login information from the device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the materials within the Business Member portal, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the business membership).

    10.2 Consent to Use of Data: You agree that Fio Connect may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to your business membership. Fio Connect may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

    10.3 Termination: This Standard EULA is effective until terminated by you or Fio Connect. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

    10.4 External Services: The Business Membership may enable access to third-party services and websites ("External Services"). You agree to use the External Services at your sole risk. Fio Connect is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Fio Connect or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Fio Connect is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Fio Connect reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

     

    11.  INTELLECTUAL PROPERTY

    Unless otherwise stated, Fio Connect and/or its licensors own the intellectual property rights for all materials on our website/portal. All intellectual property rights are reserved. You may view, download, and/or print pages from our website/portal for your own personal use subject to restrictions set in these terms and conditions.

    You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non-commercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

    The Fio Connect name and logo, and all associated names, trademarks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Fio Consulting Inc. You are granted no right or license with respect to any of the aforesaid trademarks.

     

    12.  NO WARRANTY

     YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BUSINESS MEMBERSHIP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY SERVICES PERFORMED OR PROVIDED BY THE BUSINESS MEMBERSHIP ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FIO CONNECT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIO CONNECT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

     

    13.  LIMITATION OF LIABILITY

    TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FIO CONNECT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE BUSINESS MEMBERSHIP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

     

    14.  DAMAGES

    In no event shall Fio Connect’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

     

    15.  DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

    FIO CONNECT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FIO CONNECT MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

     

    16.  YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY FIO CONNECT) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

     

    17.  IN NO CASE SHALL FIO CONNECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE BUSINESS MEMBERSHIP, HOWEVER CAUSED, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

     

    18.  FIO CONNECT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE FIO CONNECT FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

     

    19.  FIO CONNECT DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE FIO CONNECT FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

     

    20.  FIO CONNECT IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION.

     

    21.  WAIVER AND INDEMNITY. BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD FIO CONNECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY FIO CONNECT AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM FIO CONNECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FIO CONNECT'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

     

    22.  APPLICABLE LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ALBERTA, CANADA, AND THE PARTIES ELECT TO BRING ANY MATTER OR DISPUTE ARISING IN RELATION TO THIS AGREEMENT TO THE SOLE JURISDICTION OF THE COURT OF CALGARY, ALBERTA, CANADA.

     

    Last Updated: October 7, 2017