Welcome to the SalesPractice.com website (the "Site"). Please read the following Terms of Service (the "TOS") carefully before using this Site so that you are aware of your legal rights and obligations with respect to Blackwell & Associates, Inc. (the "Publisher") and its affiliates and subsidiaries (collectively, "we," "us," "our," or "SalesPractice").ACCEPTANCE
BY USING THIS SITE YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS TERMS OF SERVICE ("TOS").
The Publisher grants you a limited license to access and use the Site subject to the terms and conditions of this TOU. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content).
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without Publisher's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing the Publisher's name, trademark, URL, or product name without Publisher's express written consent.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) PUBLISHER IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THIS SITE OR OTHER INTERACTION WITH THIS SITE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THIS SITE. PUBLISHER DOES NOT WARRANT THAT (i) THIS SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, (v) THIS SITE, AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN THIS SITE WILL BE CORRECTED.
(c) ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS OR OTHER TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUBLISHER SHALL NOT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SITE.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
MODIFICATIONS TO THIS SITE
Publisher reserves the right at any time and from time to time to change, modify, suspend or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice at any time. You agree that Publisher shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.
LINKS TO THIRD PARTY SITES
This Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Publisher is not responsible for the availability of such external sites or resources, and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. The inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Publisher of any linked site and/or any of its content therein.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Publisher shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this Site.
You acknowledge that Publisher and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via this Site. Without limiting the foregoing, Publisher and its designees shall have the right to remove any Content that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Publisher or submitted to Publisher.
You acknowledge and agree that Publisher may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS or any additional Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Publisher, its users and the public.
If any user is reported to be in violation with the letter or spirit of this TOS or any Terms of Service, Publisher retains the right to terminate such account at any time without further warning.
VIOLATION OF OUR TERMS OF SERVICE
If you believe a user on our Site is violating this Terms of Service, please contact us via our Contact page.
THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) was passed by Congress in October 1998. The purpose of DMCA is two-fold: it limits the liability of service providers whose users are infringing upon the copyright of others, and defines the procedures necessary to report such infringement.
If you believe a user on our Site is infringing upon your copyright, please contact us via our Contact page.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) you possess the legal right and ability to enter into this Terms of Service and to comply with its terms;
(b) you will use this Site for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies; and
(c) you will only use this Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner.
You agree to indemnify, defend and hold harmless Publisher, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site. The user is solely responsible for his or her actions when using this Site.
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
All materials transmitted or published by Publisher on this Site (including, but not limited to text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, etc.) (collectively, the "Materials") are owned or controlled by Publisher, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this TOS is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Site) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
All trademarks, service marks and trade names on this Site are the trademarks or registered trademarks of their respective parties.
Publisher reserves all rights not expressly granted herein. Publisher may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and Publisher. The failure of Publisher at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to Publisher or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in Phoenix, Arizona and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contact us via our Contact page.