SCOPE: These Terms of Use govern your use of the SalesCloser web site (the "Site"). By accessing and using the Site, you agree to abide by all of these Terms of Use. If you do not agree with any of these Terms of Use, please terminate your use of the Site. The Site is operated by Sales Effectiveness Partners Corp. ("we" or "us").
REVISIONS: We may amend these Terms of Use at any time by posting amended Terms of Use ("Amended Terms of Use") on the Site. Any Amended Terms of Use will become effective immediately upon posting. All amendments may be communicated to all subscribers by email seven (7) days prior to posting on the Site. Your use of the Site after any Amended Terms of Use become effective will constitute your acceptance of those Amended Terms of Use. If you do not agree with any of these amended Terms of Use, please terminate your use of the Site. In any case, you always have the option of not renewing your subscription when your current subscription expires.
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site’s features, databases or contents. We may also impose limits on certain features and services or restrict your access to all or any parts of the Site without prior notice.
PURPOSE OF THE SITE: The Site is intended to be an information resource that you may use for your business purposes. The Site makes available basic information, reports and other materials (including, but not limited to, news articles, databases, photographs or audio and video files (collectively, the "Content"). We also offer SalesCloserTM, and may offer other information, on a subscription basis, which provides to paid subscribers enhanced access to the Content (together with additional information and materials not available on the Site) and certain additional features, search functions and research services.
COPYRIGHTS: All of the Content is owned, or used with permission, by us or the party credited as the provider of the Content. All copyrights are reserved.
TRADEMARKS: We are the owner and/or authorized user of all trademarks, registered trademarks and service marks appearing on the Site or used in connection with any of the Content. We do not grant any license or other authorization to any user to make any use of its trademarks, registered trademarks, service marks or other intellectual property, unless expressly authorized by the owner of any such trademarks, registered trademarks, service marks, or other intellectual property.
YOUR USE OF THE SITE: Your use of the Service is a nontransferable privilege granted by us to you. We may deny, suspend or revoke your use of the Service at any time, with or without cause or advance notice. You may access, search, view and store a single electronic copy of any Content for your exclusive use, provided that you maintain all copyright, trademark and other notices contained therein. Any other use by you of the Site or of any of the Content not expressly permitted by these Terms of Use is strictly prohibited. If you make use of this Site other than as expressly permitted, you may violate copyright and other laws of the United States, other countries, and applicable state laws, and may be subject to penalties. Without limiting the preceding sentences, you will not:
- Engage in or permit any reselling, display, reproduction, copying, translation, modification, adaptation, creation of derivative works from, distribution, transmission, transfer, republication, compilation, recompilation or reverse engineering of the Site, any Content, any portion thereof, or any data, other content or information provided to you in connection with your use of the Site by us or any of our third-party sources, in any form, media or technology now existing or hereafter developed or over any network, including a local area network;
- Remove, obscure or alter any notice, disclaimer or other disclosure affixed to or contained within the Site, including any copyright notice, trademark or other proprietary rights notice or any other legal notice affixed to, or displayed in association with, the Content;
- Create a hyperlink to, frame or use framing techniques to enclose any portion of the Site or the Content, without our express prior written consent;
- Breach or attempt to breach the security of the Site or any network, servers, data, or computers or other hardware relating to or used in connection with the Site or any of the Content, whether or not operated by us or any third party; nor use with, or distribute through, the Site any software or other tools or devices designed to interfere with or compromise the privacy, security or use of the Site by others or the operations or assets of any person;
- Violate any applicable law, including, but not limited to, any state or federal securities law;
- Restrict or inhibit any other user from using and enjoying the Site;
- Impersonate any person, or falsely state or otherwise misrepresent his or her affiliation with any person, in connection with any use of the Site;
- Post or transmit to the Site or with any of the Content any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including but not limited to any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including but not limited to the United States export control laws and regulations;
- Post or transmit to the Site or with any of the Content any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or scheme or other unsolicited commercial communication (except as otherwise expressly permitted by us) or engage in spamming or flooding;
- Post or transmit to the Site or with any of the Content any information or software which contains a virus, Trojan horse, worm or other harmful component; or Post, publish, transmit, reproduce, distribute or in any way exploit any of the Content or other information or other materials obtained through the Site for commercial purposes (other than as expressly permitted by these Terms of Use or the provider of such information or other materials).
You acknowledge and agree that you bear responsibility for your own investment research and investment and other decisions, and that we are not, and shall not be, liable for any decision made or action taken by you or others in reliance upon information or materials obtained through use of the Site.
LINKS: The Site contains hyperlinks linking to other Internet sites, resources, sponsors of the Site or advertisers. We are not responsible for the availability of these other sites or their contents. You should direct any concerns regarding any external link to the site administrator of such site. You shall abide by all copyright notices, information or restrictions contained in, or presented with, any Content available on or through the Site.
REQUIRED TECHNOLOGY: You must provide, at your own cost and expense, the equipment and services necessary to access and use the Site and the Content. At any time, we may change the supporting technology and services necessary to use the Site or the Content.
AVAILABILITY: We make no guarantee that you will be able to access the Site or the Content at any given time or that your access will be uninterrupted, error-free or free from unauthorized security breaches. You expressly agree that your use of this Site and the Content are at your sole risk and that we will not be responsible for any (a) errors or inaccuracies in any of the Content or the Site, or (b) any termination, suspension, or interruption of service.
RIGHTS IN DATA: Our use of information collected from you will be in accordance with our Privacy Policy posted on the Site. Our compliance with our Privacy Policy will survive any termination of your use of the Site.
YOUR REPRESENTATIONS AND WARRANTIES: You hereby represent and warrant to us, for our benefit, for so long as you continue to use the Site, that you are, and will continue to be, in compliance with these Terms of Use and any laws applicable to your use of the Site and you are authorized to provide to us the information we collect, as described in our Privacy Policy.
DISCLAIMER OF WARRANTIES; LIMITATIONS.
- "As Is" and "As Available." THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. WITHOUT LIMITING THE PRECEDING SENTENCE, WE, OUR AFFILIATES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS, AND OUR AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS AND SHAREHOLDERS (COLLECTIVELY, THE "AFFILIATED GROUP") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
- Disclaimer Regarding Content. THE SITE PRESENTS AND INCORPORATES INFORMATION FROM VARIOUS SOURCES WHICH WE BELIEVE TO BE ACCURATE AND RELIABLE. HOWEVER, THE AFFILIATED GROUP MAKES NO CLAIMS, REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR TRUTHFULNESS OF SUCH CONTENT AND INFORMATION. THE AFFILIATED GROUP WILL NOT BE LIABLE FOR ANY DECISION OR ACTION MADE BY YOU OR ANY OTHER PERSON BASED UPON THE CONTENT PROVIDED THROUGH THE SITE.
- Limitations on Liability. NONE OF THE MEMBERS OF THE AFFILIATED GROUP WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE OR ANY OF THE CONTENT, EVEN IF THE AFFILIATED GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY SUCH STATE, THE LIABILITY OF THE MEMBERS OF THE AFFILIATED GROUP IS LIMITED TO THE GREATEST EXTENT PERMITTED BY ANY SUCH STATE'S LAW.
- Governing Law. These Terms of Use will be governed by, and construed in accordance with, the laws of the State of Georgia applicable to agreements made and to be performed wholly in that state. THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT OR ANY VERSION THEREOF, ADOPTED BY ANY STATE IN ANY FORM ("UCITA"), WILL NOT APPLY TO THESE TERMS OF USE OR YOUR USE OF THE SITE OR ANY OF THE CONTENT. TO THE EXTENT THAT UCITA IS APPLICABLE, WE AND YOU HEREBY AGREE TO OPT OUT OF THE APPLICABILITY OF UCITA PURSUANT TO THE OPT-OUT PROVISION(S) CONTAINED THEREIN. This Site is not intended to be used by consumers, nor are the consumer protection laws of any jurisdiction intended to apply to this Site.
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