Last modified: September 25th, 2020
SALES COMMUNITY, LLC
Terms of Service
INTRODUCTION
Sales Community, LLC maintains these Terms of Service that describe the terms and conditions applicable to our content and services accessible through our website and/or a mobile application. Your use of our website or mobile application is subject at all times to these Terms of Services and our Privacy Policy. Any inconsistencies between these Terms of Service and the Privacy Policy shall be resolved by Sales Community, LLC in its sole and absolute discretion.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, DOWNLOADING OR USING THE WEBSITE, ITS CONTENT, ITS SERVICES AND/OR ITS DIGITAL PRODUCTS. BY ACCESSING, DOWNLOADING OR USING THE WEBSITE, ITS CONTENT, ITS SERVICES AND/OR DIGITAL PRODUCTS, YOU WILL BE BOUND BY THESE TERMS.
BY ACCESSING, DOWNLOADING OR USING THE WEBSITE AND/OR ITS SERVICES OR DIGITAL PRODUCTS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU USE SERVICES AND/OR PLACE AN ORDER FOR DIGITAL PRODUCTS ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THEN SELECT THE “NO” BUTTON OR DO NOT ACCESS THE SERVICE.
YOU MAY NOT ORDER OR OBTAIN SERVICES OR DIGITAL PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SALES COMMUNITY, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW OR HAVE PREVIOUSLY BEEN BANNED FROM THE USE OF THIS WEBSITE AND/OR ANY RELATED SITE BY SALES COMMUNITY, LLC.
SPECIFIC TERMS
1. THESE TERMS. These are terms and conditions (the “Terms”) controlling the use of our site (https://www.salescommunity.com) (the “Site”) through which we supply services and digital content to you. Please read these terms carefully. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. You understand that by using our Site, you agree to these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US.
2.1 Who we are. We are Sales Community, LLC (“Sales Community”, “company”, “we”, “us” or “our”), a Massachusetts limited liability company, the operator of the Site https://www.salescommunity.com. Our company mailing address is 41 Oakridge Road, Wellesley, Massachusetts 02481. Sales Community provides its clients with access to a private membership community comprised of other subscribers (the “Subscriber”) focused on helping the client be their best, sell more, and to continue to improve as a sales professional by providing tools to assist to develop and to implement sales strategies, including: providing Subscribers with access to our private Slack channels where you can communicate with other Subscribers of our community and learn about tools, software, services and trends; providing access to digital content including video tutorials, live webinars, process documents and templates; access to a private Subscriber-only login area on our website providing Subscribers with exclusive video content and learning materials; and networking opportunities. Everything we offer on and through the Site to you shall be collectively referred to herein as the “Services”.
2.2 How to contact us. You can contact our customer service team by emailing us at https://www.salescommunity.com/support or by writing to us at: Sales Community, LLC, 41 Oakridge Road, Wellesley, Massachusetts 02481.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
3. OUR CONTRACT WITH YOU.
3.1 Access or Use. These Terms govern your use of the Site and the Services, both as a visitor and as a registered user (a Subscriber) (each visitor and each registered user is referred to generally for purposes of these Terms as a “Client User” or “You”); the term Client User or the term You includes Subscribers who pay for access to the Services and visitors who browse the publicly available portions of our Site. BY ACCESSING OR USING THE SITE, AND/OR BY REGISTERING AND/OR SUBSCRIBING WITH US, YOU AGREE TO THESE TERMS OF SERVICE. You consent to the information practices disclosed in our Privacy Policy and our Cookies Policy which are incorporated herein by reference, and you consent to resolve any disputes with Us in the Commonwealth of Massachusetts pursuant to the terms set forth herein.
Please note that we offer the Site and its content “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms on such individual’s or entity’s behalf.
3.2 Content and Services. The Site provides You with tools to assist you to be your best, sell more, and to continue to improve as a sales professional. Sales Community’s Services include providing you with: access to our private Slack channels where you can communicate with other Subscribers of our community and learn about tools, software, services and trends in the marketplace; digital content including video tutorials, live webinars, process documents and templates; access to a private Subscriber-only login area on our website providing Subscribers with exclusive video content and learning materials; and networking opportunities. The Services are available 24/7 365 days per year. When you register as a Subscriber, you authorize the use and disclosure of your personal and legal information pursuant to the terms of our Privacy Policy for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy available at https://www.salescommunity.com/privacy-policy.
3.2.1 Technical Support. Sales Community shall provide technical support to you as necessary for you to access our Services as a Subscriber.
3.2.2 Term, Price, Payment, Cancellation, and Refunds. Your access to the Services commences when you pay the fee resulting from your registration as set forth on our Site and become a Subscriber. Sales Community uses a third-party payment processer and does not have access to your payment information and does not store details of client payments. Due to the nature of the content, and all content being available upon becoming a Subscriber, THERE ARE NO REFUNDS.
3.3 No representations; Expectations of Client Users. You acknowledge and agree that in providing the Services, Sales Community (i) does not recommend or endorse any Subscriber, (ii) does not make any representations or warranties with respect to any Subscriber’s advice or other Subscriber input, (iii) does not make any representations or warranties including without limitation any representations or warranties of accuracy or completeness with respect to any content for which we provide You access including without limitation any video tutorials, webinars, process documents and templates, or (iv) does not make any representations or warranties regarding any party including any other Subscriber with whom you choose to transact business through the Site.
3.4 Your Responsibilities. You are solely responsible for your subscription/account and the activity that occurs while signed into or while using your subscription/account. If you sign up for the Services, you will create a personalized account which includes a unique username and a password to access the Services and to receive messages from Sales Community. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Sales Community will not be responsible for any liabilities, losses, or damages arising out of the unauthorized accessing of or use of your computer (or any computing device) and/or your account.
3.5 Your Use and Restrictions. You are responsible for all use of the Site and for all use of your credentials, including use by others to whom you give your credentials. You may use the Site and the Services for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other Client User’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to use your credentials to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; reformat or frame any portion of the web pages that are part of the Site and/or the Services; create user accounts by automated means or under false or fraudulent pretenses; collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
3.6 Indemnification. You agree that Sales Community is not responsible for any harm that this Site or the Service may cause. Upon request by us, You agree to defend, indemnify, and hold us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, vendors, contractors, agents, successors, and assigns harmless from and against any and all liabilities, claims, suits, actions, proceedings, demands, costs and expenses (including, but not limited to, attorney’s fees, experts’ fees, consultant’s fees, and court fees and costs) made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms or any intellectual property or other right of any person or entity, by You or any third party using your credentials.
3.7 Data. Sales Community is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons. We also reserve the right to deny service to offenders of these guidelines and to terminate or deny service to anyone for any reason or no reason.
3.8 Electronic Notices and Agreements. Your use of this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms, which includes our Privacy and Cookie Policies, and your consent to enter into agreements with us.
3.9 Changes. We may change these Terms at any time, as we reasonably deem appropriate. Upon any change in these Terms, we will post the amended agreement on the Site and the date such amended agreement is effective. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms, the modification, and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following any such modifications hereto, then you may not use the Site.
3.10 Copyright and Limited Use. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Sales Community, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit You to use the Site and the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of our Site, except as follows:
You must not:
If You wish to make any use of material on the Site other than that set out in this section, please address your request to: https://www.salescommunity.com/support.
If You provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site and the Services will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. All rights to the Site and the Services not expressly granted are reserved by Sales Community. Any use of the Site or the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
3.11 Trademarks. Sales Community name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Sales Community or its affiliates or licensors. You must not use such marks without the prior written permission of Sales Community. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
3.12 Copyrights. If you believe that any material on the Site infringes upon any copyright, which you own or control, please contact Sales Community at: 41 Oakridge Road, Wellesley, Massachusetts 02481.
3.13 Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sales Community designated Copyright Agent to receive notifications of claimed infringement is: Sales Community, LLC – Copyright Legal, 41 Oakridge Road, Wellesley, Massachusetts 02481. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Sales Community customer support through https://www.salescommunity.com/support. You acknowledge that if you fail to comply with all of the requirements of this provision, your DMCA notice may not be valid.
3.14 Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third party websites linked to this Site, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
4. OTHER TERMS
4.1 No Warranties of any kind; No liability for data breach, viruses or other harmful material. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and Services for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS CONDUCT, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY) SHALL SALES COMMUNITY, ITS OFFEICER, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, INTANTIGIBLE LOSSES, OR ANY OTHER SIMILAR OR DISSIMILAR LOSSES OF ANY KIND OR NATURE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE) ARISING OUT OF, RELATED TO, IN CONNECTION WITH, CAUSED BY, OR RESULTING IN ANY WAY FROM (1) THE USE OF THE SITE; (2) THE USE OF THE SERVICES; (3) THE INABILITY TO USE THE SITE AND/OR THE SERVICES; (4) THE MODIFICATION OF OR REMOVAL OF ANY PORTION OF THE SERVICES; (5) THESE TERMS OF SERVICE; (6) THE ACCURACY, COMPLETENESS, TIMELINESS, OR SUITABILITY OF THE SERVICES FOR ANY PARTICULAR PURPOSE; (7) DEFECTS IN THE SERVICES; (8) ERRORS, INACCURACIES AND OMISSIONS IN THE SERVICES; (8) DAMAGES FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, OR ANY VIRUS, MALICIOUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, TAMPERING, INTERRUPTION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL MALFUNCTION OR FAILURE OF ANY KIND OR NATURE; (9) THE TERMINATION OF YOUR SUBSCRIPTION OR, IF YOUR ARE AN ENTITY, THE TERMINATION OF THE SUBSCRIPTIONS OF YOUR EMPLOYEES OR AGENTS WHO ARE AUTHORIZED USERS; OR (10) THE USE OF ANY THIRD PARTY WEBSITE REFERENCED OR LINKED FROM THE SITE OR SERVICES. FUTHERMORE, NEITHER SALES COMMUNITY NOR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYESS, AGENTS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SERVER, NETWORK, HARDWARE, SOFTWARE OR ANY OTHER PROPERTY RELATED TO, ARISING OUT OF, IN CONNECTION WITH, CAUSED BY, OR RESULTING IN ANY WAY FROM ACCESS TO OR USE OF THE SITE AND/OR SERVICES.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES, DIGITAL PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES, DIGITAL PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SALES COMMUNITY NOR ANY PERSON ASSOCIATED WITH SALES COMMUNITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SALES COMMUNITY NOR ANYONE ASSOCIATED WITH SALES COMMUNITY REPRESENTS OR WARRANTS THAT ITS SITE OR ANY SERVICES, DIGITAL PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVICES OR THE SERVER THAT MAKES THESE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ITEM OR ANY SERVICES, DIGITAL PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SALES COMMUNITY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
4.2 Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS CONDUCT, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY) SHALL SALES COMMUNITY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, DATA BREACH OR SECURITY INTRUSION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER LOSSES ARISING OUT OF, RELATED TO, IN CONNECTION WITH, CAUSED BY, OR IN ANY WAY RESULTING FROM YOUR USE OF THE SITE AND/OR THE SERVICES, OR YOUR RELIANCE UPON THE SITE AND/OR THE SERVICES, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
IN NO EVENT SHALL SALES COMMUNITY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION. WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE LESSER OF (1) $1,000, OR (2) THE TOTAL SUBSCRIPTION FEES PAID BY YOU, IF ANY, IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE BRINGING OF THE CLAIM.
4.3 User Contributions.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users including Subscribers to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and You, not Sales Community, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SALES COMMUNITY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS, SUITS AND/OR PROCEEDINGS OF ANY KIND OR NATURE RESULTING FROM ANY ACTION TAKEN BY SALES COMMUNITY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SALES COMMUNITY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any Client User, Subscriber, invitee, unauthorized user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services and all Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of Sales Community to terminate the user accounts of repeat infringers.
Reliance on Information Posted
You agree to defend, indemnify and hold harmless Sales Community, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, suits, actions, proceedings, judgments, awards, losses, costs, expenses or fees (including, but not limited to reasonable attorneys’ fees, experts’ fees, consultants’ fees, and court fees and costs) arising out of or relating to your violation of these Terms or your use of the Site or the Services, including, but not limited to, your User Contributions and/or any use of the Site or the Service other than as expressly authorized in these Terms.
4.4 Arbitration; Choice of Law; Jurisdiction; Venue.
In Sales Community sole discretion and at its election, Sales Community may require you to submit any disputes arising from the use of these Terms or the Site or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law with a venue of Boston, Massachusetts. For any disputes which Sales Community does not exercise its sole discretion to elect binding arbitration, You agree that the laws of the Commonwealth of Massachusetts, without giving effect to its choice of law principles, govern these Terms and all disputes arising from these Terms, the Site and the Services and You agree to submit to the exclusive jurisdiction of the federal and state courts located in Boston, Massachusetts for the resolution of all such disputes.
4.5 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIMS ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND IRREVOCABLY WAIVED.
4.6 Waiver and Severability. No waiver by Sales Community of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sales Community to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
4.7 Entire Agreement. The Terms and the documents referenced herein constitute the sole and entire agreement between You and Sales Community with respect to the Site or Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site or the Services.
Your comments and concerns.
This Site is operated by Sales Community.
All notices of copyright infringement claims should be sent to https://www.salescommunity.com/support.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: https://www.salescommunity.com/support.