Terms of Use

This Terms of Use agreement (“Agreement”) governs your access to and use of the services, websites, and materials (collectively the “Service”) offered by SalesSmyth, LLC (“SalesSmyth,” “we,” or “us”). Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Service, you agree to be bound by this Agreement. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such other entity to the Agreement; (ii) you have read and understand the Agreement, and (iii) you accept the terms and conditions of this Agreement on behalf of the entity that you represent. If you do not have the legal authority to bind the entity on whose behalf you are acting, do not check the "I Agree to Terms of Use" checkbox or use the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.

Use of the Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service. SalesSmyth reserves all rights not expressly granted herein in the Service and the Content (as defined below). SalesSmyth may terminate this license at any time for any reason or no reason.

All right, title, and interest in and to the Service (excluding Content provided by you) are and will remain the exclusive property of SalesSmyth and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in this Agreement gives you a right to use the SalesSmyth name or any of the SalesSmyth trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SalesSmyth or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. SalesSmyth will not be liable for any loss or damage arising from your failure to comply with these requirements. By connecting to SalesSmyth with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials and other data received from that service. By providing SalesSmyth your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you, or to users generally; or we may create usage limits for the Service.

You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-U.S. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people's private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a your privacy; (viii) access or tamper with non-public areas of the Service, SalesSmyth' computer systems, or the technical delivery systems of SalesSmyth' providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by SalesSmyth (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SalesSmyth (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of SalesSmyth except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any you, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

 SalesSmyth may investigate and/or suspend your account if you violate any of the above policies. SalesSmyth reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate this Agreement.

Privacy

 SalesSmyth values your privacy. Please review our Privacy Policy salessmyth.com/privacy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by SalesSmyth.

SalesSmyth University

SalesSmyth University, including its entire contents, is the property of SalesSmyth and incorporates valuable copyrights, trademarks and other proprietary rights and trade secrets. SalesSmyth retains all rights in SalesSmyth University, including the right to create derivative works and to sell and license them anywhere in the world. Nothing on this site may be downloaded, reproduced, stored in a retrieval system, modified, made available on a network, used to create derivative works, or transmitted in any form or by any means, except as permitted under Section 107 of the 1976 U.S. Copyright Act or as expressly authorized by this License Agreement or the instructions and functionalities contained in SalesSmyth University. You shall not remove, obscure or modify any notices contained on any screen display or attempt to reverse engineer, disassemble, decompose, amend or modify or similarly manipulate all or any portion of SalesSmyth University or do at any time any act or thing which may in any way adversely affect any rights of SalesSmyth.

Your Content

“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.

By submitting, posting or displaying Content on or through the Service, you grant, and you represent and warrant that you have a right to grant, to SalesSmyth a worldwide, non-exclusive, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, publish, transmit, perform, display, distribute, and make derivative works of such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for SalesSmyth to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services.

Your Content will be able to be viewed by other you of the Service (such as workshop facilitators and coaches) and approved employees of your company who commission use of the Service. You should only provide Content that you are comfortable sharing with others under the terms of this Agreement. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service nor does SalesSmyth endorse any opinions expressed via the Service. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or postings that have been mislabeled or are otherwise deceptive. Under no circumstances will SalesSmyth be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content will be published on the Service and may be republished, and if you do not have the right to submit Content for such use, it may subject you to liability. SalesSmyth will not be responsible or liable for any use of your Content by SalesSmyth in accordance with this Agreement. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit and that SalesSmyth’ use of your Content in accordance with this Agreement will not violate any law or infringe the rights of any third party.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. In consideration for SalesSmyth granting you access to and use of the Service, you agree that SalesSmyth and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate your access. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to you support requests, or (v) protect the rights, property or safety of SalesSmyth, its users and the public.

Purchase & Return Policy

You may browse and purchase subscriptions, products, bundles and services (collectively "Products"). All licenses granted hereunder are subject to Your payment of all fees or other charges set forth in this Agreement and/or the applicable Order Form (“Fees”). You agree to pay all Fees in accordance with the terms and conditions set forth in this Agreement and the applicable Order Form.  Unless otherwise set forth herein, all Fees paid are non-refundable.  

Some Products and components of Products may be made available by third parties and governed by applicable licenses and copyright laws.  You agree that SalesSmyth or third parties own all right, title and interest in the Products, including without limitation all applicable Intellectual Property Rights in the Products. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.

 SalesSmyth may add new features and functionality to the Products for additional fees and charges at any time.  SalesSmyth may amend fees and charges for the Products, at any time in its sole discretion, and such amended Fees shall go into effect during the Subscription Term immediately following the then-current Subscription Term.  

You agree that you are solely responsible for all fees associated with purchases you make from SalesSmyth.  SalesSmyth may make available to you various payment methods to facilitate the purchase of Products from SalesSmyth. You agree to abide by any relevant terms that govern the use of the particular payment processing method. SalesSmyth reserves the right to add or remove payment methods at its sole discretion.

In order to access certain online services provided by SalesSmyth, You may be required to provide information, such as your name, address, and billing details. You agree that any such information you provide to SalesSmyth will always be accurate, correct and up to date.

In the event SalesSmyth terminates this Agreement for Your breach of the Agreement, You shall receive no refund or exchange for any unused time on a Subscription, any license or Fees for any portion of the Products, or for anything else. In the event You terminate this Agreement due to SalesSmyth’ uncured breach of the Agreement in accordance with the termination provision set forth below, You shall be entitled to receive a refund of any prepaid Fees for the portion of any then-current Subscription Term that remains as of the effective date of termination, which will be prorated on a calendar monthly basis. Partial months shall be treated as fully used and shall not apply against any proration. All information that You provide in connection with a purchase or transaction or other monetary transaction interaction with SalesSmyth must be accurate, complete, and current. You shall pay all Fees and any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by SalesSmyth by any authority in connection with or arising from the Products, and/or this Agreement, excluding taxes based upon SalesSmyth’ net income but inclusive of any applicable withholding taxes. You shall pay each invoice issued by SalesSmyth by the due date and in the currency specified by SalesSmyth in the applicable Order Form.  Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less.

Should there be a factory defect or incorrect shipment we will gladly exchange the item for the correct product, provide store credit, or issue a credit to your credit card.  Under these circumstances SalesSmyth will cover all costs involved in returning the merchandise. Only returns of defective or incorrect merchandise will be eligible for 100% money back and return shipping paid for.

FOR ALL RETURNS:

Email hello@salessmyth.com within 5 days of receiving goods for a return authorization.

 SalesSmyth may permanently or temporarily stop providing all or a portion of the Products, to you, or to users generally, at SalesSmyth’ sole discretion, without prior notice to you. If SalesSmyth disables access to your account, you may be prevented from accessing the SalesSmyth website, your account information and Products that are stored with your account.

You agree to use the SalesSmyth website only for purposes that are permitted by the TOU and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls. By using the SalesSmyth website, You represent and warrant that you are not prohibited from receiving exports or services under US or other applicable export laws. You agree to comply with all local laws and regulations regarding the download, installation or use of the Products.

Third-Party Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SalesSmyth of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Disclaimers; Indemnification

Your access to and use of the Service, third-party Products or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, COMPANY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SalesSmyth makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. SalesSmyth will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, third-party Products and any Content. You also agree that SalesSmyth has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. SalesSmyth makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from SalesSmyth or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, THIRD-PARTY PRODUCTS OR CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

You agree to defend, indemnify and hold harmless SalesSmyth and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted or received by you; (ii) your violation of any provision of this Agreement; or (iii) any other party’s access or use of the Service with your username and password or other appropriate security code.

General Terms

These Terms and any action related thereto will be governed by the laws of the State of Colorado without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceeding Colorado Springs, El Paso County, Colorado and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This Agreement is the entire and exclusive agreement between SalesSmyth and you regarding the Service (excluding any services for which you have a separate agreement with SalesSmyth that is explicitly in addition or in place of this Agreement), and this Agreement supersedes and replaces any prior agreements between SalesSmyth and you regarding the Service. The failure of SalesSmyth to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

 SalesSmyth may provide notices to you via email, written or hard copy notice, or through posting on the Service, as determined by SalesSmyth in our sole discretion. SalesSmyth reserves the right to determine the form and means of providing notice to you, provided that you may opt out of certain means of notice as described in this Agreement.

How to Contact Us

If you have questions about this Agreement, please contact us at hello@salessmyth.com.

Changes to our Terms of Use

 SalesSmyth may modify or update this Agreement from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page.

This Agreement was last modified on June 30, 2016.