Terms & Conditions
|Please read these Terms & Conditions (“Terms”, “Terms of Service”) carefully before using the www.salesbrain.com website (the “Service”) operated by SalesBrain LLC (“us”, “we”, or “our”). |
Through the websites www.salesbrainu.com and www.salesbrain.com, SalesBrain LLC a California registered LLC provides access and use of on-line courses, training materials, video transcriptions, tutorials, processes, models and other services the “Service”. The Service is provided under the following Terms and Conditions.
By using the Service, you the “Learner” (“you”) agrees to be bound by these Terms and Conditions starting on your first use of the Service.
Learner who purchases any product or service made available through the Service (“Purchase”), may be asked to supply certain information including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
SalesBrain reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Once your payment has been processed, no refunds can be made.
2. Use of the Service
Learner agrees to use the Service only for lawful purposes. Learner may not use the Service or any part of it for commercial purposes.
Before using the Service, Learner agrees to be bound by the pricing information communicated on www.salesbrainu.com and www.salesbrain.com.
Learner must only use the Service in a way that does not infringe the rights of others, restrict or inhibit anyone else’s use and enjoyment of the Service.
Learner will not copy, modify, reverse engineer, reproduce, distribute, publicly display or perform, communicate to the public, create derivative works from, deface, tarnish, modify, hack, interfere with, or otherwise use and exploit the Service.
Learner will not gain unauthorized access to the Service through another person’s account or share login credentials with another person
Learner will not introduce any virus, spyware or malware that may damage or replicate the operation of hardware, software or telecommunications equipment used to deliver the Service. Learner will not use a spider a robot or other automated means to access the Service.
3. Links to other websites
Our Service may contain links to third party web sites or services that are not owned or controlled by SalesBrain LLC.
SalesBrain LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that SalesBrain LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
SalesBrain reserves the right to make change to these Terms and Conditions from time to time and Learner should check these Terms and Conditions regularly. Continued use of the Service by Learner will be deemed acceptance of the updated Terms and Conditions.
5. Registration and account
Learner is responsible for maintaining the confidentiality of the Account including but not limited to user name, password and email address. Learner is responsible for all activities associated with or occurring under the Account.
Any unauthorized use or breach of security of Learner’s account must be notified to SalesBrain. SalesBrain will not be responsible for any loss or damage arising from Learner’s failure to comply with the foregoing requirements or as a result of the use of Learner’s account, either with or without Your knowledge, prior to Learner notifying SalesBrain of the unauthorized access to Learner account.
Learner will not transfer, give access or gain access to any account at any time without the permission of the account holder. By giving access to your account to a third party, Learner is fully responsible for the use of the Service by that third party.
Learner’s account must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice.
If SalesBrain has reason to believe that there is likely to be a breach of security or misuse of the website, Learner may be required to change password, account name or else or account may be suspended.
SalesBrain reserves the right to close accounts if Learner is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any Service in any way.
6. Intellectual property
All videos, video clips, audio and audio clips, texts, transcriptions, graphics information, materials, links, illustrations, icons, animations, photos, images, artwork, designs, models, reviews, ideas, testimonials, process, software, technology and other data (collectively the “Content”) presented in Service shall remain the property of SalesBrain.
SalesBrain grants the Learner a limited, non-exclusive, non-transferable license to access and use Content for which Learner has paid all required fees.
Learner shall not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use SalesBrain content in any way except for Learner’s own personal, non-commercial use. Learner also agrees not to adapt, alter or create a derivative work from any SalesBrain content except for Learner own personal, non-commercial use. Any other use of SalesBrain content requires the prior written permission of SalesBrain.
The names, images and logos identifying SalesBrain or third parties and their products and services are subject to copyrights, design rights and trademarks of SalesBrain and/or third parties. Nothing contained in these Terms and Conditions shall be construed to confer any license or right to use any trademark, design right or copyright of SalesBrain or any other third party.
7. Availability of Service
Although SalesBrain makes its best efforts to make Service possible, SalesBrain makes no promise that the Service available through www.salesbrainu.com or www.salesbrain.com will meet Learner’s requirements. SalesBrain doesn’t guarantee that the Service will be fault-free. If Service is disrupted Leaner should report it to [email protected] and SalesBrain will attempt to correct the fault as soon as reasonably possible.
Leaner access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new services.
8. Suspension or cancellation of registration
SalesBrain may suspend or cancel Learner’s registration immediately at SalesBrain reasonable discretion if Learner breaches any of the obligations under these Terms and Conditions.
Learner can cancel registration at any time by informing SalesBrain in writing at [email protected]. By doing so Learner must stop using the Service.
The suspension or cancellation of Learner’s registration and Learner’s right to use the Service shall not affect either party’s statutory rights or liabilities.
9. Warranty Disclaimer
ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO SALESBRAIN, ITS PRODUCTS AND SERVICES IS PROVIDED “AS IS”, ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SALESBRAIN EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. SALESBRAIN DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE SALESBRAIN ENSURES THAT ALL CONTENT PROVIDED IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF SALESBRAIN FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICE. 10. Limitation of liability
NEITHER SALESBRAIN NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, CONTRACTORS, PARTNERS , CUSTOMERS, NOR ITS OFFICERS OR EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE), INCLUDING BUT NOT LIMITED TO (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES.
SALESBRAIN DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SYSTEM THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. LEARNER ACKNOWLEDGES RESPONSIBILITY TO IMPLEMENT SUFFICIENT SECURITY PROCEDURES AND TOOLS (INCLUDING BUT NOT LIMITED TO ANTI-VIRUS, ANTI-SPAM, ANTI-MALWARE) TO SATISFY LEARNER PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT & OUTPUT AND PROPER DELIVERY OF SERVICE.
LEARNER SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICE, MATERIALS, PRODUCTS, OR LINKED WEBSITES.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SALESBRAIN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO SALESBRAIN IN THE PRECEDING TWELVE (12) MONTHS, TO ACCESS OR USE THE SERVICE.
SalesBrain shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
Learner hereby indemnifies, defend and hold harmless SalesBrain, its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Learner breach of any representation or warranty hereunder.
12. Governing law
This Agreement and all acts, transactions, rights and obligations pursuant hereto shall be exclusively governed, construed and interpreted in all respects by the laws of the State of California, United States. The Parties hereby consent to personal jurisdiction in the state or federal courts of California and agree that all disputes or actions arising hereunder, of any type or nature, shall be exclusively resolved in a court of competent jurisdiction in San Francisco, California.
In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision, which shall be replaced with an enforceable provision closest in intent and economic effect as the severed provision.
Learner shall not assign this Agreement or assign any rights or delegate any obligations hereunder without obtaining SalesBrain’s prior written consent. Any purported assignment or delegation by Learner in violation of this section shall be null and void.
SalesBrain may assign its rights under these Terms and Conditions to another business where it reasonably believe Learner rights will not be affected.
15. Dispute Resolution
Before bringing a formal legal case, Learner agrees to first contact SalesBrain at [email protected] and seek amicable resolution.
Learner and SalesBrain agree to submit a claim for resolution under binding arbitration of the American Arbitration Association (AAA). In addition, if Learner or SalesBrain brings a claim in court that should be arbitrated or a party refuses to arbitrate a claim that should be arbitrated, the other party can ask a court to force an arbitration to resolve the claim (i.e. compel arbitration).
Any disputes involving a claim of less than US$10,000 must be resolved exclusively through binding non-appearance based arbitration except otherwise mutually agreed upon.
16. No class action
Both party agree it can only bring a claim against each other on an individual basis. Neither Learner nor SalesBrain can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding; an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, and cannot be used to decide other disputes with other Learners. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the rest of the Terms will still apply.
17. Electronic Notices
Learner agrees that SalesBrain may communicate electronically regarding security, privacy and administrative issues relative to Learner use of the Service or to these Terms and Conditions.
18. Entire agreement
These Terms and any policies applicable to Learner posted on SalesBrain Services constitute the entire agreement between the parties, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
19. No Agency
Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Learner or any other party to these Terms shall have any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as authorized in writing by the party to be bound.
Learner will not state any relation or qualification with SalesBrain, including but not limited to partnership, proficiency, expertise, certification in the Content delivered in the Service.
20. Right to refuse Service
Service is available for non-commercial use only. SalesBrain reserves the right to refuse orders from individuals or businesses considered in SalesBrain sole opinion to be of commercial concerns. Learner may not re-sell or make available to any third party the Content without the prior written consent of SalesBrain.
21. Educational use
No educational use of the Content shall be made without prior written consent of SalesBrain. Universities and other teaching organizations shall contact SalesBrain directly to obtain special permission.