Your use of sales-mvp.com (the “Website”) is governed by these Terms of Use (“TOU”). These TOU let you know how you may and may not use this Website. These TOU also inform you of your rights and duties when using our website.
Sales MVP, LLC (“Sales MVP”) is a limited liability company organized under the laws of the State of Arizona. Sales MVP owns and maintains the Website for use by third parties. By using our website, you agree to abide by these TOU, which form a binding agreement between you and Sales MVP (the “Agreement”). This Agreement is a legally binding contract, and you have a duty to read these TOU before using our website. If you do not agree to the provisions in these TOU, you must immediately cease use of the Website. We think our TOU are reasonable, and we hope you agree.
1. SALES MVP MAY AMEND THESE TOU AND WILL UPDATE THE EFFECTIVE DATE SHOWN ABOVE TO NOTIFY USERS
Sales MVP reserves the right to amend, replace, suspend, or terminate this Agreement or any portion of its TOU at any time as required by changes in the law, circumstances, its business, or any other reason as determined by Sales MVP in its sole discretion. Even if you have used Sales MVP’s services in the past, we encourage you to review these TOU before each use of the Website.
While Sales MVP may amend these TOU in its sole discretion, it will not hide any changes from you! Please note the Effective Date shown at the top of these TOU. If these TOU are modified, suspended, or otherwise changed, the Effective Date will change to reflect the date on which the change took place. Your use of the Website after a change in the Effective Date constitutes your acceptance of any modification, amendment, or replacement to these TOU and will form a new, superseding and binding contract between Sales MVP and you based on the updated TOU.
2. WARRANTIES
You warrant that you are of sound mind and competent to agree to the provisions of these TOU thereby entering into this Agreement with Sales MVP by your use of our website. You also warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty applicable to individuals or other entities located in the jurisdiction in which you live, conduct business, or make use of the Website. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement or obligation. If you are accessing or using the Website on behalf of a governmental organization, non-governmental organization, business, or other legal entity, you warrant that you are an authorized agent of that organization and that you have the authority to bind that organization to the terms of this Agreement.
3. PRIVACY POLICY
Sales MVP respects your privacy and has set out how information provided by you to Sales MVP may be used in a separate Privacy Policy. Sales MVP hereby incorporates its Privacy Policy by reference as if fully restated herein.
4. INTELLECTUAL PROPERTY RIGHTS
Sales MVP is the owner of all rights in, and to, the Website and, unless otherwise noted, its associated content, including, but not limited to, copyrights, trademark and trade dress rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. Sales MVP expended a lot of time and effort developing the Website. We are proud of it, and we hope you appreciate how important it is for Sales MVP to protect its intellectual property. The Website is subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and Sales MVP provides you with the right to use the Website on a limited basis without forfeiting any of its rights in and to the Website and associated content. You are expressly prohibited from using the Website for any purposes not stated in these TOU.
5. COPYRIGHT TAKEDOWN POLICY
If you believe that a user of the Website has infringed your copyrights, you may provide Sales MVP with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Copyright takedown Upon receipt of a notice that complies with this section, Sales MVP will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work(s) alleged to have been infringed.
- The location of the copyrighted work(s) on the Website.
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which Sales MVP is located;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
6. HOW YOU MAY USE OUR WEBSITE
Sales MVP hereby provides you with a limited, non-exclusive, non-assignable, non-sub-licensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a purpose outside of its customary and intended purposes or in violation of the express provisions of these TOU may result in the immediate termination of any limited license granted to you by Sales MVP through these TOU or otherwise as determined by Sales MVP in its sole discretion. This license may be revoked by Sales MVP at any time, and any rights not expressly granted herein are reserved by Sales MVP.
You are expressly prohibited from reproducing, preparing derivative works based upon, distributing, publicly performing, publicly displaying, scraping, framing, hacking, or reverse engineering the Website, whether in whole or in part, without the prior written consent of Sales MVP.
7. INDEMNIFICATION
You agree to hold harmless, defend, and indemnify Sales MVP from and against any and all claims, demands, judgments, liabilities, costs, and fees, including costs and attorneys' fees, arising out of or related to: (1) the creation or use of an Account; (2) a violation of any provision of these TOU; (3) the violation of any right of any third party, including rights of privacy, publicity, and/or intellectual property rights in connection with your use of the Website; and/or (4) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international in connection with your use of the Website. Your obligation to indemnify Sales MVP will not provide you with the ability or right to control Sales MVP defense or legal strategy, and Sales MVP reserves the right to control its defense in its sole discretion, including, but not limited to, the choice to litigate or settle and the choice of counsel.
8. MODIFICATION OF THE WEBSITE OR SALES MVP'S SERVICES
Sales MVP reserves the right to accept, reject, modify, suspend, or delete any Account or user-generated content at any time for any reason as determined in its sole discretion. Sales MVP reserves the right to modify or cease providing access to the Website or any of its associated services at any time without notice in its sole discretion.
9. SPECIFICALLY PROHIBITED USE OF THE WEBSITE
You agree that you will not: (1) impose a disproportionate load on the Website or its server infrastructure or otherwise attempt to interfere with the operation of the Website; (2) circumvent any technological or security protection mechanisms used by Sales MVP; (3) use a robot, spider, scraper, or other automated technology to access the Website; (4) attempt to gain access to the private data or personal information of a user of the Website or a third party through the Website; (5) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the Website or third parties by using the Website in any way; (6) harass any user of the Website or any third party through your use of the Website; (8) post or transmit content that threatens or encourages bodily harm or the destruction of property; (9) post or transmit content that infringes upon the intellectual property rights of other users of the Website or third parties; (10) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; or (11) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257.
10. PAYMENT
All payments required for Sales MVP's services, and any applicable taxes and shipping fees must be paid through Sales MVP's Stripe merchant account with valid payment information. All payments for services and any applicable taxes, information, or otherwise, offered through the Website are non-refundable. You hereby authorize Sales MVP's payment processing agent to charge your credit card (or other approved payment facility).
You agree to pay all required fees and charges on time, and Sales MVP may terminate or disable your access to the Website or suspend its services if you fail to pay any amount owing to Sales MVP or a Sales MVP merchant when due. You agree that you will pay all costs of collection, including legal fees, incurred by Sales MVP if it is forced to expend resources collecting any monies owed to it by you.
In the event you dispute the amount or validity of any payments or invoices under these TOU, you must notify Sales MVP within ten (10) days of any such dispute. You understand and agree that by failing to notify Sales MVP of any dispute within ten (10) days you will expressly waive any claims related to the disputed payment.
Payment for coaching services shall be either paid through a one-time prepayment of the entire service fee or spread over a pre-determined number of payments (annually or quarterly). All coaching services are provided for a flat fee and early cancellation of services does not excuse you from paying the remainder of the required payments.
11. NO REFUNDS OR GUARANTEES
Sales MVP offers its services “AS-IS” with no refunds or guarantees as to any outcome or result.
12. THIRD PARTY LINKS
You acknowledge and agree that the Website and emails from Sales MVP affiliates may contain links to third-party content that is not owned or controlled by Sales MVP. Sales MVP will not be held liable or responsible for the content of any third-party, and you are advised to review the terms of use agreements and privacy policies of those third parties.
13. TERMINATION
This Agreement will remain in full force and effect until you either cease use of the Services or your fees due are paid in full and Sales MVP has delivered all goods or services contracted for. You may terminate the services by notifying Sales MVP at [email protected] in a written statement describing your intent to terminate the Agreement created by these TOU and your use of the Website. Sales MVP may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of these TOU as determined by Sales MVP in its sole discretion. You must pay all monies due notwithstanding termination of the services.
14. SALES MVP DISCLAIMER OF WARRANTIES
SALES MVP PROVIDES THE SERVICES ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
15. LIMITATION ON LIABILITY
SALES MVP WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF SALES MVP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SALES MVP WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF ACCOUNTS OR ANY USER GENERATED CONTENT. SALES MVP IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF THE WEBSITE OR ANY PORTION THEREOF, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. SALES MVP RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
16. ASSIGNMENT
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Sales MVP may assign its rights and obligations under this Agreement at any time.
17. CHOICE OF LAW
This Agreement shall be governed in all respects by the laws of the State of Wyoming irrespective of choice-of-law. You agree that any claim or dispute you may have against Sales MVP, its agents, or any successor in interest must be resolved by a court located in Laramie County in the State of Wyoming. You hereby consent to the personal jurisdiction of the courts located within Laramie County Wyoming for the purpose of litigating or otherwise resolving all such claims or disputes.
18. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
19. INTEGRATION
This Agreement, created by your use of the Website and these TOU, incorporating the Privacy Policy, constitute the entire agreement between the parties with respect to the use of the Website and the associated services provided by Sales MVP. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Sales MVP.
20. WAIVER
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
21. LIMITATION ON ACTIONS
SALES MVP AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR SALES MVP’S RELATED SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
22. RESERVATION OF RIGHTS
All rights not expressly granted herein are reserved to Sales MVP.