Program Terms and Conditions
1. Overview
These terms and conditions (“Terms”) are a contract entered into between you (“you” and “your”) and Sales Talent, Inc. (“Sales Talent” or “we”). The Terms govern your access to and use of the Sales Interview & Sales Career Coaching program and the associated program website at https://salestalentinc.com/sales-interview-career-coaching/, including any content, functionality and services offered on or through it (the “Program”).
By using the Program, you agree that you are bound by these Terms and will abide by them. Sales Talent may terminate your ability to use the Program without notice if you do not comply with these Terms. If you do not agree to these Terms, you must not access or use the Program. Your use of the website at https://salestalentinc.com/ that does not involve the Program is subject to the separate website Terms of Use here.
The Program is an interactive course and coaching system designed to assist you with your employment search and may include resources, video meetings, templates and other materials.
Sales Talent reserves the right to make changes to the Program and to the Terms at any time. All changes are effective immediately when posted. Your continued use of the Program following the posting of the revised Terms means that you accept and agree to the changes.
All Information that Sales Talent collects through the Program is subject to our Privacy Notice posted at the site https://salestalentinc.com/privacy-policy/. By using the Program, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms. To the extent there is a conflict, the Terms supersede the Privacy Notice. Terms like “Information” that are in these Terms but not defined here are defined in the Privacy Notice.
2. Eligibility
You represent that you are at least 18 years of age and have the legal authority to enter into these Terms.
3. Fees
Fees are due prior to your use of the Program. You are solely responsible for all fees associated with your use of the Program and for any and all duties, taxes, levies or fees (including sales, use, or withholding taxes) imposed by any authority on you by virtue of your transactions through the Program.
Payments are nonrefundable, and no credits will be given for partial or incomplete use. We reserve the right, in our sole discretion, to provide refunds, discounts, or credits to candidates on one or more instances without obligation to do so in the future.
Candidates engaged in the Program will forfeit their purchase for missed appointments with Sales Talent team members, unless Sales Talent receives twenty-four (24) hours’ notice of your need to cancel.
You can find more information regarding our fee policies here.
4. Registration
To access the Program, you may be asked to provide certain registration details or other Personal Information including your name and email address. You represent that all the Information you provide though the Program is correct, current, and complete.
5. Assignment
Sales Talent may assign these Terms and all rights and obligations under it to a third party. You may not assign these Terms or sublicense rights under it without the advance written approval of Sales Talent.
6. Intellectual Property
The Program and its entire contents, material, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Program Content”) are the property of Sales Talent or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The Sales Talent name and related logos are trademarks and service marks (“Marks”) of Sales Talent. Sales Talent’s Marks may not be used without advance written permission of Sales Talent, including in connection with any product or service that is not Sales Talent’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Sales Talent. Other products or company names mentioned through the Program may be trademarks or service marks of their respective owners.
If you believe that any content of the Program violates your intellectual property rights, please notify Sales Talent as described in Section 19.
7. Limited License And Prohibited Uses
Sales Talent grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Program Content in the United States only as an informative resource while using the Program. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Program Content without prior permission of Sales Talent is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Program Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Program Content.
You may use the Program only for lawful purposes and in accordance with these Terms. You agree that you will not:
- Use the Program in any way that violates any applicable federal, state, local or international law or regulation.
- Use the Program for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Impersonate or attempt to impersonate Sales Talent, a Sales Talent employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Program, or which, as determined by Sales Talent, may harm Sales Talent or users of the Program or expose them to liability.
- Use any robot, spider or other automatic device, process or means to access the Program for any purpose, including monitoring or copying any of the Program material.
- Use any manual process to monitor or copy any of the Program materials or for any other unauthorized purpose without Sales Talent’s prior written consent.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Program, the server on which the Program is stored, or any server, computer or database connected to the Program.
- Otherwise attempt to interfere with the proper working of the Program.
8. Disclaimer and Limitation of Liability
WHILE SALES TALENT ATTEMPTS TO PRESENT ACCURATE INFORMATION THROUGH THE PROGRAM, THE PROGRAM IS PROVIDED ON AN “AS-IS” BASIS. SALES TALENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROGRAM, THE OPERATION OR CONTENT OF THE PROGRAM OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, SALES TALENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. SALES TALENT, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PROGRAM OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS IS TO STOP USING THE PROGRAM. FROM TIME TO TIME, SALES TALENT MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE PROGRAM, OR THE ENTIRE PROGRAM, FOR ANY REASON. SALES TALENT WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE PROGRAM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
SALES TALENT HAS NO CONTROL OVER THE HIRING DECISIONS ULTIMATELY MADE BY EMPLOYERS AND CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS BASED ON YOUR PARTICIPATION IN THE PROGRAM. SALES TALENT IS NOT AN EMPLOYER WITH RESPECT TO YOUR USE OF THE PROGRAM, AND SALES TALENT IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS MADE BY ANY ENTITY THAT CONTACTS YOU BASED ON YOUR PARTICIPATION IN THE PROGRAM.
SALES TALENT PROVIDES A NUMBER OF EMPLOYMENT RELATED RESOURCES, INCLUDING TEMPLATES FOR YOUR USE, INTERVIEW TIPS, AND APPLICATION GUIDANCE. YOU AGREE THAT THE RESOURCES AND ADVICE PROVIDED BY SALES TALENT DO NOT CONSTITUTE LEGAL OR EMPLOYMENT ADVICE, AND YOUR USE OF ANY TEMPLATES OR ADVICE PROVIDED BY SALES TALENT IS AT YOUR OWN RISK. SALES TALENT IS NOT LIABLE FOR ANY RESULTS BASED ON YOUR RELIANCE ON THE MATERIALS AND ADVICE PROVIDED.
SALES TALENT’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE PROGRAM CONTENT, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $100.
9. Third Party Content
This Program includes content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Sales Talent. Sales Talent is not responsible for the content or accuracy of any materials provided by any third parties.
10. Links To Other Web Sites
Sales Talent may provide links to external web sites for the convenience of Program participants. The inclusion of an external link on the Program site does not constitute or imply support or endorsement of any kind. Sales Talent does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked from the Program, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
11. Indemnification
You agree to defend, indemnify, and hold harmless Sales Talent, 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, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your participation in the Program, or your use of the Program Content, including, but not limited to, your content, any use of the Program services and products, other than as expressly authorized in these Terms, or your use of any information obtained from the Program.
12. 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 PROGRAM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Sales Talent for which monetary damages would not be an adequate remedy, and Sales Talent shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
14. Waiver And Severability
No waiver by Sales Talent of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Sales Talent to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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.
15. Entire Agreement
The Terms and our Privacy Notice constitute the sole and entire agreement between you and Sales Talent with respect to the Program and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Program.
16. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Seattle, Washington and conducted by an arbitrator that possesses such experience in, and knowledge of, the subject area of the controversy or claim so as to qualify as an “expert” with respect to such subject matter.
If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the substantially-prevailing party shall be entitled to recover reasonable attorneys’ fees.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
The laws of the State of Washington will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.
17. Term and Termination of License
These Terms will remain in full force and effect while you participate in the Program. After you complete the Program, the following sections of these Terms will remain in force: 5, 6, 8, and 11-18, in addition to any other provisions that by their nature are intended to survive.
18. Notices
All notices, requests, consents, claims, demands, waivers, and other communications (each, a “Notice”) must be in writing and addressed to the parties as follows. If to Sales Talent: Sales Talent, Inc., ATTN: LEGAL DEPARTMENT, 1400 114th Ave. Suite 33, Bellevue, WA 98004. If to you, Sales Talent may send notices to the physical address that Sales Talent has on file or using other contact information that Sales Talent has. All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in these Terms, a Notice is effective only: (1) upon receipt by the receiving Party; and (2) if the Party giving the Notice has complied with the requirements of this Section.
19. Communications and Contact Information
Sales Talent may contact you regarding these Terms or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Sales Talent, you can click on the “unsubscribe link” provided in such communications or contact us at info@SalesTalentInc.com.
For all other feedback, comments, requests for technical support, and other communications relating to the Program, these Terms, and the Privacy Notice, please contact us at info@SalesTalentInc.com or by mail at:
Sales Talent, Inc.
ATTN: LEGAL DEPARTMENT
1400 114th Ave. Suite 33
Bellevue, WA 98004
EFFECTIVE DATE: July 29, 2020.
