And other legal stuff . . .
|1. Scope of Agreement|
|3. Registration, Security and Payment Policy|
You may have limited access to some Services of the Site without registering for a user account (an “Account”). Those who access the Site without registering for an Account are referred to as “Visitors.” However, to gain access to additional Services (for example, to receive Services), you must register with the Site and create an Account. Visitors who have registered an Account shall thereafter be “Users.”
You shall be charged according to the subscription price plan indicated by our Site. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. You are responsible for paying all taxes and government charges, and reasonable expenses and attorney fees Sales Gravy incurs collecting late amounts. You waive all claims relating to subscription renewal charges unless claimed within 24 hours after the renewal charge date. It is your responsibility to log in to your subscription account to cancel your subscription prior to the renewal date, if needed. All subscription accounts are self-service. No refunds will be given for any unused portion of your subscription.
If you believe that Sales Gravy has charged you in error, you must contact us immediately. You agree that you will not cancel credit card charges via arrangements with your credit card issuer and agree to reimburse Sales Gravy for all charges it incurs related to cancelled credit card charges.
|4. User Content, License and Warranty|
User Content. As a User, you may post, submit, provide, transmit, publish, display, or share content with the Site. Such content may be in the form of any media (e.g., text, documents, images, audio content, video content, etc.) or mobile cellular device and may include communications with the Site or other Users (“User Content”).
Sales Gravy does not and will not review User Content for accuracy. Accurate User Content enables the Site to provide the Services to you. In order to utilize the Services, you should provide, or direct the Site to retrieve, true, accurate, current, and complete User Content. Further, in order for the Services to function effectively, you must also ensure that any information you provide to us, or direct us to retrieve, is updated regularly. If you do not do this, the accuracy and effectiveness of the Services provided to you may be affected.
License Grant to Use User Content. You grant to Sales Gravy a non-exclusive, worldwide, fully paid-up and royalty-free license to use, copy, display, prepare derivative works of, improve, modify, distribute, publish, remove, retain, and/or process User Content that you contribute, upload, transmit or otherwise provide to the Site, in any way now known or in the future discovered, for the purpose of providing the Services to you, but not to provide the User Content to third parties without your prior written consent. While Sales Gravy will employ reasonable measures to protect your User Content, you acknowledge and agree that any User Content that you provide to the Site is at your own risk of loss.
User Content Warranty. By providing User Content to the Site, you represent and warrant that (i) you are the author, owner, or are otherwise authorized to contribute the User Content, (ii) the User Content is true and accurate, (iii) the User Content is not confidential, and (iv) does not violate any rights, or infringe or misappropriate the intellectual property rights of any third party.
You are responsible for your own activities and communications on the Site and you are responsible for the consequences of such activities and communications. You shall not, and by using or accessing the Site or using the Services, you agree not to do any of the following:
|5. Limited License|
For the purposes set forth in the Agreement, Sales Gravy grants you a limited personal, non-exclusive, non-assignable, non-transferable, and revocable license to access, use and display certain Sales Gravy Content (defined below) to which you are authorized access. You must retain intact all copyright, trademark, proprietary and other notices when accessing, using, or displaying the Sales Gravy Content. Unauthorized use, copying, printing, duplication, distribution, transmission, creation of derivative works, reuse, reproduction, publishing, licensing, sublicensing, transferring, selling, renting or translating, in whole or in part, of any the Site or Sales Gravy webpage, Services, Sales Gravy software, or the Site’s user interface content including without limitation text, graphics, sounds, videos, images, logos, button icons, and software that has been modified, merged and/or included in the Site, and/or any compilation thereof in any format now existing or future developed (collectively, the “Sales Gravy Content”) in any manner without the express prior written permission of Sales Gravy is expressly forbidden, and you so agree. You acknowledge that you may not sublicense, transfer, sell, rent or assign this license, the Sales Gravy Content or the Services. Any attempt to sublicense, transfer, sell, rent or assign this license, the Sales Gravy Content, or the Services shall be null and void.
|6. Content and Service Disclaimer|
All Sales Gravy Content including the Services is provided “AS-IS.” You access and use the Services and all Sales Gravy Content at your risk. The Services and Sales Gravy Content may include inaccuracies, errors or information that is incorrect or out of date. Sales Gravy makes no representation about, or warranty as to the accuracy, reliability, completeness or timeliness of the Sales Gravy Content, the Services, any use of or access to the Site or the Sales Gravy Content, or any hosted applications, programs, or other things provided or made available through the Site. Sales Gravy is not responsible for and does not monitor any information contained in a message, communication, or transmission by or between you and any other Visitor, User or third party.
|7. Trademarks and Copyrights|
The Sales Gravy Content, including but not limited to the letters and service marks, the Site logo and/or name, other Sales Gravy logos and service marks, or any taglines, titles, trade dress, and registered and unregistered service marks or trademarks (collectively, hereinafter referred to as “trademarks”), are protected under United States copyright, trademark and/or other laws, and are the property of Sales Gravy, and/or it’s licensors. Any unauthorized use of the Sales Gravy Content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the Sales Gravy Content or reproduce, display, distribute, or otherwise use the Sales Gravy Content in any way for any public or commercial purpose, including but not restricted to the adaptation of the Sales Gravy software, HTML code, or any other code that Sales Gravy creates. You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our trademarks in such a way that would misrepresent or cause confusion as to who the proper owner of such trademarks is.
By use of the Site, you agree that you must obtain our prior written consent before you may: (i) copy any of our material; or (ii) use any of our software, code, trademarks, trade names, or other designations in any promotion or publication. Sales Gravy intellectual property may not be used in connection with any product or service that is not Sales Gravy in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sales Gravy.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sales Gravy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sales Gravy and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sales Gravy name or trademarks without the express written consent of Sales Gravy. Any unauthorized use terminates the permission or license granted by Sales Gravy. You may not use any Sales Gravy logo or other proprietary graphic or trademark as part of the link without express written permission.
Content on the Sales Gravy website is licensed to the original users and training participants ONLY for his or her own personal, individual, and limited use and does not include any ownership rights. Participants are granted single, individual access to the online training program and MAY NOT SHARE login with other individuals or use their personal login for group training purposes.
No part of the content on the Sales Gravy website including online courses, downloads, videos, podcasts, articles, info-graphics, or discussions may be posted online, on social media, or reproduced in any form, by any means (including electronic, photocopying, recording or otherwise) without the prior written permission of Sales Gravy.
No Illegal Use. You shall not use the Services to create, transmit, distribute, store or destroy any Sales Gravy Content or User Content (a) in violation of this Agreement (b) in violation of any applicable law or regulation, (b) in a manner that infringes and/or misappropriates copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Information Security. You are prohibited from violating or attempting to violate the security of the Site, the Services, or any equipment, software, or devices on which the Site or the Services are hosted, displayed, provisioned or otherwise depend including without limitation, (a) gaining or attempting to gain access to any account, data, Service, Sales Gravy Content, User Content, or information for which you are not authorized, (b) attempting to penetrate a system, network, or application by probing, “phishing,” scanning or testing the vulnerability of the system or network or to breach security or authentication measures without proper authorization, (c) engaging or attempting to engage in a denial of service attack or any other type of electronic attack for the purposes of causing the Services to become impaired or inoperable, or interfering with the availability of Services or Sales Gravy Content through techniques including without limitation, uploading malicious software (e.g., a virus, worm, Trojan horse, etc.), “packet flooding,” “spoofing” or “spamming,” or (d) forging any packet content or any part of any Sales Gravy Content, User Content or violating any system or network security may result in civil or criminal liability. Any occurrences that may involve such violations are subject to investigation by Sales Gravy or its agents, and/or law enforcement authorities in prosecuting any Visitor or User involved in such violations.
Specific Prohibited Uses. Sales Gravy specifically prohibits, and you agree not to use the Services, or any Sales Gravy Content or User Content for any of the following:
Release from Dealings between Users and/or Visitors. Because authentication on the internet is difficult, Sales Gravy cannot and does not confirm that each Visitor or User is who she, he, or it claims to be or that her, his or its User Content or other posted information is truthful, complete, non-defamatory, or accurate. You acknowledge and agree that your access to or use of the Site and the Services, and any action you take concerning your User Content or other information is your voluntary action for which you are exclusively responsible. There is always a certain risk when transmitting such information over the internet or some other public or proprietary network, and you assume such risk by submitting User Content or information to the Site and by making or authorizing transmission of such User Content or information to others. It is your responsibility to take precautions that you deem suitable to assure the identity of any Visitor, User, or person with whom you communicate or interact, and to assure that any information provided by such User, or person on which you intend to rely is reasonably accurate and complete. Sales Gravy does not and cannot be involved in or control the dealings or meetings between Visitors or Users that access the Site. Accordingly, in the event that you have a dispute with another Visitor or User, you agree to the fullest extent permitted by applicable law to forever release Sales Gravy and its agents, employees, officers, directors, members and managers from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive, to the fullest extent permitted by applicable law, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Sales Gravy is under no legal obligation to, and generally does not control the information provided by other Users which is made available through the Site. By its very nature, information posted or communicated by other Users may be offensive, harmful, inaccurate, defamatory or incorrect, and in some cases may be mislabeled or deceptively labeled. You agree to use caution and common sense when using or accessing the Services.
|10. Disclaimer of Warranty and Limitation of Liability|
YOU AGREE THAT USE OF OR ACCESS TO THE SITE, THE SALES GRAVY CONTENT AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE, THE SALES GRAVY CONTENT AND THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, THE SERVICES, UNINTERRUPTED OR ERROR FREE ACCESS OR USE OF THE SITE AND SERVICES, OR SALES GRAVY CONTENT PROVIDED THROUGH OR IN CONNECTION WITH THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION OUR SOFTWARE OR SERVICES LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SITE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION).
SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE, SALES GRAVY CONTENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL: (A) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, THE SALES GRAVY CONTENT OR THE SERVICES; (B) WARRANTIES OF TITLE; (C) WARRANTIES OF NON-INFRINGEMENT; AND (D) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, INOPERABILITY OR TRANSMISSION, COMPUTER VIRUS, MALICIOUS SOFTWARE, CYBER-ATTACK, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NEITHER WE, NOR ANY OF OUR AGENTS, AFFILIATES, OTHER AFFILIATED PERSONS OR ENTITIES, CO-BRANDERS, OR PARTNERS SHALL BE LIABLE FOR ANY DIRECT (IN EXCESS OF THE LIMITATION OF LIABILITY HEREINAFTER PROVIDED), INDIRECT OR INCIDENTAL DAMAGES, LOST PROFITS OR DATA, OR SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE, THE SALES GRAVY CONTENT OR THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE OF THE SITE OR THE SERVICES WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SALES GRAVY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SALES GRAVY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, THAT YOU PAID TO SALES GRAVY OVER THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OF LIABILITY, OR FIFTY DOLLARS, WHICHEVER IS GREATER.
|11. Other Websites|
The Site provides, or may from time to time provide, links to third party websites via which third party services or third party content can be accessed or downloaded (e.g., third party payment processors). Because we have no control over such third party websites, services or content, you acknowledge and agree that Sales Gravy is not responsible for the availability, content, services, acts or omissions of such external websites or resources or their owners, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites or resources. You further acknowledge and agree that Sales Gravy is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials available on or through any such website.
|12. Suspension, Termination and Survival|
You may terminate your account and/or access at any time by providing written notification to us. Termination shall not affect your obligations to us in accordance with this Agreement or any additional terms.
We reserve the right in our sole discretion to terminate or suspend the Services, this Agreement, or your access to or use of the Site at any time without notice for any reason, including, in the case of this Agreement, for your violation of any of its provisions. In the event of any such termination or suspension, Sales Gravy will not be responsible for any lost opportunities or other damages or loss that you may incur as a result of such suspension or termination. Upon any breach by you of this Agreement, Sales Gravy reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content, or communications with the Site and immediate termination of your account and/or access.
The provisions of this Agreement, which by their nature extend beyond the termination of this Agreement, will survive termination of this Agreement or termination of your use or access to all or any portion of the Services.
You agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend and indemnify Sales Gravy and its agents, employees, representatives, directors, officers, successors, and assigns other affiliates (“Indemnified Parties”) from and against any and all loss, cost, claims, liabilities, damages, disputes and expenses, including without limitation reasonable attorney’s fees and court costs, arising out of:
|14. Your Obligations|
|15. General Provisions|
Severability/Waiver. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be automatically reformed and construed so as to be valid, legal, operative, and enforceable to the maximum extent permitted by applicable law while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement. Additionally, no waiver of any provision of this Agreement or any rights or obligations of either you or us hereunder shall be effective, except pursuant to a written instrument signed by you and us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of Sales Gravy rights hereunder.
Compliance with Laws. Each Visitor and User shall promptly comply, at its own cost and expense, in every material respect with all laws, ordinance, rules, regulations, and requirements of all federal, state, and local governmental authorities that are applicable to the activities or Services pursuant to this Agreement.
No Third Party Beneficiaries. This Agreement shall inure to the benefit of and shall be binding upon you and us and our respective permitted successors and assigns. Except as expressly provided herein, there are no third party beneficiaries to this Agreement.
Relationship of the Parties. You and Sales Gravy are acting as independent contractors with respect to the activities hereunder. Nothing in this this Agreement shall be deemed to create any type of agency, joint venture, or partnership relationship between you or us. Neither you nor Sales Gravy shall have any right or authority to bind or obligate the other in any manner to any third party.
Assignment. Sales Gravy reserves the right to assign the Agreement to a successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status. Your rights and duties under these Terms are not assignable by you without written consent of Sales Gravy.
Section Headings. All Section, subsection, and paragraph headings are provided herein as a convenience only and do not affect the meaning or interpretation of this Agreement.
Governing Law. You agree to the fullest extent permitted by applicable law that any dispute between you and us will be governed by the laws of the United States of America and the State of Georgia, without regard to conflict of laws principles.
Limitations Period. You must file any claim or suit related to our Site within one year after the cause of action arises.
Jurisdiction. Any dispute, claim or controversy arising out of or relating to this Agreement, your use of the Site or the information you receive through the Site, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration before a panel of three (3) arbitrators. Within fifteen (15) days after the commencement of arbitration, each party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within thirty (30) days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent and impartial arbitrators. For persons located in the United States of America, the arbitration shall be administered by JAMS pursuant to JAMS Streamlined Arbitration Rules and Procedures. For international persons, the arbitration shall be administered by JAMS pursuant to JAMS’ International Arbitration Rules. The place of arbitration will be in Augusta, Georgia and the language used in the arbitral proceedings will be English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Arbitration costs will be borne equally between Sales Gravy and the user. If the arbitrators determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrators may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Richmond County, Georgia, USA, and you consent to exclusive jurisdiction and venue in such courts. If you are a citizen of a country that does not permit internet transactions to be governed by the laws of Georgia and/or the applicable United States federal law as above referenced in accordance with this Agreement, please immediately cease use of the Site and terminate your Account and/or access by written notification to us of such termination.
The Site is designed to ensure people with disabilities have equal access to the content and Services, and Sales Gravy strives to meet the Web Accessibility Initiative’s Web Content Accessibility Guidelines (WCAG) 2.0 guidelines.
|16. CONTACT US|
If you are a resident in the European Economic Area (“EEA”), you may also ask us: to access, correct, update or delete your user information; you may object to our processing of this information, ask us to restrict our processing of your user information, or request portability of your user information. Similarly, if we have collected and processed your user information with your consent, then you can withdraw your consent at any time. However, please note that withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your user information conducted in relation on lawful processing grounds other than consent. You also have a right to complain to a data protection authority about our collection and use of your user information. For more information, please contact us using the details below.
California Residents Only: If you are a California resident, you are entitled to request notice of certain information about the user information that we may share with third parties for marketing purposes (e.g., the categories of user information shared, and contact information of applicable third parties), as well as request that we disclose to you what personal information we collect, use, disclose and sell about you, and the right to request deletion of personal information we collect or maintain about you. If you would like to exercise any of these rights, please contact us using the details below. You also have the right to opt out of the sale of your personal information (as defined by applicable law), which you may exercise by contacting us, and to not be treated in a discriminatory manner for having exercised your rights regarding your privacy rights under the CCPA.
Nevada Consumers Only: If you would like to submit a request pursuant to Nevada Senate Bill 220, please contact us as provided herein.
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