Effective Date: May 9, 2019
Thank you for visiting Rev.team!
Salesability, LLC (“Salesability”) is a limited liability company organized under the laws of the State of Wyoming. Salesability 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 Salesability (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.
Salesability 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 Salesability in its sole discretion. Even if you have used Salesability’s services in the past, we encourage you to review these TOU before each use of the Website.
While Salesability 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 Salesability and you based on the updated TOU.
You warrant that you are of sound mind and competent to agree to the provisions of these TOU thereby entering into this Agreement with Salesability 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.
Salesability 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. Salesability 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 Salesability 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 Salesability 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.
If you believe that a user of the Website has infringed your copyrights, you may provide Salesability 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, Salesability 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:
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:
Salesability 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 Salesability through these TOU or otherwise as determined by Salesability in its sole discretion. This license may be revoked by Salesability at any time, and any rights not expressly granted herein are reserved by Salesability.
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 Salesability.
You agree to hold harmless, defend, and indemnify Salesability 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 Salesability will not provide you with the ability or right to control Salesability’s defense or legal strategy, and Salesability 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.
Salesability 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. Salesability 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.
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 Salesability; (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.
All payments required for Salesability’s services, and any applicable taxes and shipping fees must be paid through Salesability’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 Salesability’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 Salesability may terminate or disable your access to the Website or suspend its services if you fail to pay any amount owing to Salesability or a Salesability merchant when due. You agree that you will pay all costs of collection, including legal fees, incurred by Salesability 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 Salesability within ten (10) days of any such dispute. You understand and agree that by failing to notify Salesability 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.
Salesability offers its services “AS-IS” with no refunds or guarantees as to any outcome or result.
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 Salesability has delivered all goods or services contracted for. You may terminate the services by notifying Salesability at email@example.com in a written statement describing your intent to terminate the Agreement created by these TOU and your use of the Website. Salesability 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 Salesability in its sole discretion. You must pay all monies due notwithstanding termination of the services.
SALESABILITY 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.
SALESABILITY 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 SALESABILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SALESABILITY 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. SALESABILITY 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. SALESABILITY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Salesability may assign its rights and obligations under this Agreement at any time.
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 Salesability, 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.
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.
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.
SALESABILITY AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WESBITE OR SALESABILITY’ 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.
All rights not expressly granted herein are reserved to Salesability.
Effective Date: May 9, 2019
Salesability may collect the following personal data from you:
Salesability may use this data to:
Salesability stores and processes data on computers using commercially standard technology to help protect against the unauthorized disclosure of your data. By using the Services, you agree to the collection and processing of your personal and personally identifiable information in the United States. Though Salesability does its best to protect your personal and personally identifiable information, you provide all such information at your own risk.
Salesability may share your personal or personally identifiable information with third parties as required in the following situations:
You have the duty to:
California residents have the right to receive information that identifies any third-party companies or individuals that Salesability has shared your personal or personally identifiable information with in the previous calendar year, as well as a description of the categories of personal or personally identifiable information disclosed to that third party.
You may obtain this information once a year and free of charge by contacting Salesability at firstname.lastname@example.org
This Agreement is entered into by and between Salesability, LLC (“the Company”) (“the Customer”).
In consideration of the Company’s (i) original or continued service of the Customer with the Company, (ii) specialized training of said Customer in the Company’s business and access to the Company’s proprietary and confidential information that has been or will be provided to the Customer agrees to the terms set forth below. The Customer acknowledges that this Agreement does not confer the right to be engaged by the Company for any specific period of time and that The Customer’s services relationship with the Company is at-will and may be terminated by either party at any time for any reason.
The Customer agrees for a period of twelve (12) months after the end of his or her services with the Company, for any reason, to inform the Company prior to commencing a new job of the name, address, and telephone number of each subsequent employer with which he or she accepts services, and also to provide the Company with a description of his or her job duties and responsibilities with each of those subsequent employers. The Customer agrees to provide the Company with seven (7) days to review said documents and further agrees to refrain from commencing services with another employer unless and until the Company approves the position and determines that it does not violate this Agreement. The Customer further agrees, for a period of twelve (12) months after the end of his or her services with the Company, to make every reasonable effort to communicate his or her obligations and responsibilities under this Agreement to all subsequent employer(s), including providing each subsequent employer for whom he or she is engaged during this twelve (12)-month period with a copy of this Agreement.
The Customer agrees that breach of this Agreement will cause irreparable injury to the Company, such that monetary damages would not provide an adequate or complete remedy. Accordingly, in the event of The Customer’s actual or threatened breach of the provisions of this Agreement, the Company, in addition to all other rights, shall be entitled to an injunction restraining The Customer from an actual or threatened breach of this Agreement (without posting a bond), and to recover from The Customer its reasonable attorneys’ fees and costs incurred in obtaining such remedies, including temporary or permanent injunctive relief.
The period of time during which The Customer is subject to the Agreement shall be extended for that amount of time The Customer is in breach of the Agreement.
If the Company prevails in any part of any litigation between the Company and The Customer brought (in whole or in part) under or in connection with this Agreement, The Customer will pay the Company all its costs and expenses, including court costs and attorneys’ and experts’ fees and expenses, reasonably incurred by the Company in connection with such litigation.
The Customer hereby warrants that The Customer will not breach any of The Customer’s obligations under any agreement to which The Customer is a party with any of The Customer’s previous employers; that The Customer has not taken or retained, and will not take or retain, any documents or other records, or any computer or other electronic device, belonging to any previous employer, including, without limitation, documents or other records in electronic form, without authorization from any such employer; that The Customer has faithfully performed, and will continue to perform faithfully, all of The Customer’s contractual, legal, and ethical obligations to any previous employer, to the extent such obligations continue in effect; and that The Customer will not use or disclose any confidential information belonging to any previous employer in connection with The Customer’s services by the Company.
This Agreement shall be interpreted and governed under the laws of the State of Michigan. Any claims related to this Agreement must be brought exclusively in the state or federal courts located in or governing Kalamazoo County, Michigan without regard to conflicts of law principles. The Parties expressly submit to the exclusive personal jurisdiction of the state or federal courts located in Kalamazoo County and waive any defenses they may have based on lack of personal jurisdiction or venue, including but not limited to forum non conviens.
The Customer acknowledges that the services to be rendered are unique and personal. Accordingly, The Customer may not assign any of his or her rights or delegate any duties or obligations under this Agreement. The rights and obligations of the Company under this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Company. The Customer explicitly agrees this Agreement shall be freely assignable by the Company in the event of a change in ownership interest by sale, stock transfer, or otherwise.
The unenforceability or invalidity of any provision or provisions of this Agreement shall not render any other provision or provisions herein or this Agreement itself invalid.