Last updated: 07/01/20
A. ABOUT THE SERVICE
DealCoachPro is a sales consultative technology and software as a service (SAAS) platform that optimizes deal health and qualified sales opportunities by facilitating deal strategies and deal collaboration using a standardized, intelligence driven methodology (“Services”)
B. USE OF SITE
- Content. All text, graphics, logos, user interfaces, images, photos, trademarks, artwork, designs, computer code and layout that appears on the Site (“Content”) is owned or licensed by or to Company and is protected by intellectual property laws. You may access the Site and the Content only for purposes to learn about Company, its products and services or for a specific purpose related to the Services. Company transfers no right, title or interest in the Content to you, whether as a result of your downloading or printing content or otherwise. You may not use, alter, copy, republish, transmit, or otherwise distribute, in any way (including “mirroring”) any portion of the Site or its Content, or create another work based on our Content or the Site, without DCP’s prior written consent. Your unauthorized use of the Content and Site is strictly prohibited.
- Registration. Certain sections of the Site and use of the Services may require you to register an account with us. If registration is requested, you agree to provide us with accurate, complete registration information. It is your responsibility to keep that information up-to-date by contacting us with the updated information. Each registration is for a single user only. We do not permit: (a) any other person using the registered sections under your name or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. We expressly disclaim any and all liability in connection with the registration, maintenance and security of your registration. If you believe there has been unauthorized use, you must notify us immediately.
- Prohibited Uses. As a condition of your accessing and/or using the Site, you hereby agree to comply with the following prohibitions of use. We reserve the right to terminate any user’s access or use of the Site without notice if such user’s access or use of the Site or Services, in any manner, whatsoever, violates the following prohibitions of use, in addition to any other terms set forth herein, and to delete any data stored in or on behalf of such user’s account:
- b. You may not access or use the Site in any manner that could damage, disable, overburden, or impair the Company’s server, or the network(s) connected to the Company’s server, or interfere with any other party’s use and enjoyment of the Site.
- c. You may not attempt to gain unauthorized access to the Site or the Services, other accounts, computer systems or networks connected to any Company server or to any of the Services, through hacking, password mining or any other means.
- d. You may not obtain or attempt to obtain any Content or materials or information through any means not intentionally made available through the Site or the Services.
- e. You may not decompile, disassemble, or reverse engineer any of the software or Content used in any part of the Site or the Services or place, send or otherwise transmit any virus or use any malicious programs or techniques in connection with the Site or Services.
C. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Company owns and shall own all right, title and interest, throughout the world, in and to the Site and the Services and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Site and the Services. You further acknowledge and agree that nothing in this Agreement and no use of the Site or the Services shall cause to vest or be construed to vest in you any right, title or interest in or to the Site or the Services other than the express right to use the Site or the Services solely in accordance with the terms and conditions of this Agreement. Any rights not expressly granted herein are reserved.
D. THIRD PARTY LINKS
E. THIRD PARTY CONTENT AND REFERENCES
Third party content may appear or be accessible through website links on or from the Site or through use of the Services. We shall not be responsible for and assume no liability for any mistakes, errors, inaccuracies, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions or other representations in any such third party content appearing on or accessible from the Site or through use of the Services. You acknowledge and agree that the information, views and opinions expressed in the third-party content represent solely the thoughts of the author and are neither endorsed by nor do they reflect the belief of the Company. It is your responsibility to evaluate, assess and bear the risk associated with the use of or reliance on any such content. Any and all references to any Services, recording, event, process, publication, service or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply our endorsement or recommendation of such by the Company.
ACCESS AND USE OF THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY HEREBY SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY THIRD PARTY APPLICATIONS OR WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (B) THE UNAVAILABILITY OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF, (C) YOUR ACCESS AND USE OF THE SITE OR THE SERVICES, (D) YOUR USE OF ANY EQUIPMENT, TECHNOLOGY, OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES, (E) THE SERVICES OR THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, CONTENT, OR SERVICES WILL BE CORRECTED, (F) THE ACCURACY OR COMPLETENESS OF THE CONTENT, AND (G) THE SITE OR SERVICES WILL BE SECURE OR FREE FROM BUGS, VIRUSES OR OTHER PROGRAM LIMITATIONS. THE COMPANY FURTHER SPECIFICALLY DISCLAIMS LIABILITY FOR ANY LOSS OF DATA STORED ON OR BY MEANS OF THE SITE OR USE OF THE SERVICES AND FOR ANY LOSS OF DATA OR OTHER DAMAGE ARISING FROM SPYWARE, MALWARE OR OTHER THIRD-PARTY CAUSES. TO THE EXTENT A PARTICULAR JURISDICTION LIMITS OR DOES NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THEN THE COMPANY SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE HIGHEST EXTENT PERMITTED BY APPLICABLE LAW.
G. LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION OR DISPUTE WITH THE COMPANY, AND ACCESS AND USE OF THE SITE IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE. IN NO EVENT WILL COMPANY, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, WHATSOEVER RESULTING FROM OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE OR SERVICES OR IN CONNECTION WITH ANY CLAIM ATTRIBUTABE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES OR FAILURES IN THE SITE, CONTENT OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE COMPANY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
- The Company will generally communicate with its users by electronic means, such as email. You consent to receive communications from us via the email you provided us, and you understand and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any agreements or documents provided in connection with the Site or the Services may be executed using an electronic signature, whether digital or encrypted, in accordance with the terms of the Electronic Signatures Act, 15 U.S.C. SS 7001-7006 and may not be denied legal effect solely because such signature is in electronic form.
J. CONTACT US
THESE WEBSITE TERM OF USE WERE LAST UPDATED ON 07/01/20