USER AGREEMENT
Purpose
The mission of SalesTripReport.com is to connect the world’s sales and marketing professionals with access to sales data, research and contact information to enable them to be more productive and successful. To achieve our mission, we make data and reporting services available through our websites, mobile applications, and developer platforms, to provide you, your connections, colleagues and millions of other professionals with professional business data and tools.
Terms of Use
By registering for or by access to www.SalesTripReport.com .com, you ("the client") agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not register or do not obtain access. You assume responsibility for your selection of the publication and online access and the data contained therein to achieve your intended results, and for the use and results obtained from the website.
When you use SalesTripReport.com’s services and apps, you are entering into a legal agreement and you agree to all of these terms.
You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by registering on SalesTripReport.com or by using our websites, including our mobile applications, developer platforms, premium services, or any content or information provided as part of the SalesTripReport.com services, you are entering into a legally binding agreement with SalesTripReport.com, P.O. Box 2708, Chicago, Illinois 60690, USA based on the terms of this SalesTripReport.com User Agreement and the SalesTripReport.com Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”), whether as a registered member on SalesTripReport.com and/or other Service, as applicable (“Member”), or unregistered user (“Visitor”). If you are using SalesTripReport.com on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not agree with this Agreement, do NOT access, view, download or otherwise use any SalesTripReport.com webpage, content, information or services. By using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the SalesTripReport.com User Agreement and Privacy Policy are also collectively referred to as SalesTripReport.com’s “Terms of Service.”
Disclaimer of Warranties.
SALESTRIPREPORT.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. SALESTRIPREPORT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SALESTRIPREPORT.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. SALESTRIPREPORT.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
USAGE LIMITATIONS:
The associated website content for which you are registering and all the company and executive data contained therein are provided by license for the SOLE PURPOSES OF LOCATING EXECUTIVE OR COMPANY INFO WITH THE INTENTION OF IDENTIFYING CAREER OR BUSINESS OPPORTUNITIES. SalesTripReport.com reserves the right to terminate the services anytime if evidences show there is an excessive copy or download of our data or there is a violation of these Terms.
GRANT OF LICENSE:
The information contained in the website is copyrighted and/or contains proprietary information protected by law. All website content and data contained therein are and will remain the sole property of SalesTripReport.com.
In consideration of the purchase price payment SalesTripReport.com as Licenser grants to you, the individual Licensee, a non-exclusive, non-transferable license to the generated documents.
RESTRICTIONS
you may not:
COPY ANY WEBSITE CONTENT, RECRUITER DATA CONTAINED THEREIN OR GENERATED DOCUMENT DATA INTO ANY MACHINE-READABLE OR PRINTED FORM EXCEPT FOR THE PURPOSE DESCRIBED IN "USAGE LIMITATIONS" SECTION OF THIS AGREEMENT FOR NON BUSINESS OR CAREER PURPUSES;
Transfer, share or otherwise communicate your generated data with any other entity;
Provide use of the website or data in any commercial or non-commercial service, including but not limited to the Internet, any computer service business, network, timesharing, or interactive cable television;
Make alterations in the data contained in www. SalesTripReport.com or reverse engineer, de-compile, or disassemble the recruiter data;
Grant sublicense, lease or other rights in the software or data to others, unless expressly authorized in writing by SalesTripReport.com;
Make verbal or media translations of any documentation;
Make modifications for use on non-compatible hardware;
Make telecommunications data transmission of data contained therein to other parties.
TERM:
Your license is effective until terminated. It will also terminate upon conditions set forth elsewhere in the Agreement of if you fail to comply with any terms or conditions stated herein.
LIMITED WARRANTY:
SalesTripReport.com, ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIALLY DISCLAIM ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SalesTripReport.com does not warrant the accuracy, completeness, current nature, noninfringement, merchantability, or fitness for a particular purpose of the data and information available through the service, or the service itself. SalesTripReport.com may discontinue or change the Service or its availability to Client, at any time without notice.
SalesTripReport.com does not warrant that the functions contained in the www.SalesTripReport.com website and its data meet your requirements or that the operation of the website will be uninterrupted or error-free. SalesTripReport.com has made every effort to provide dependable data; however, SalesTripReport.com does not represent or warrant that the data herein is complete or free from error. SalesTripReport.com does not assume any liability to any person for any loss or damage caused by errors or omissions on the data files or by the downloading of the software pursuant to the License, whether such errors or omissions result from negligence, accident or any cause. In no event will SalesTripReport.com be liable to you for any damages, including any lost profit or wages, lost savings or other incidental or consequential damages arising out of the use or inability to use such program or the data contained therein, even if SalesTripReport.com has been advised of the possibility of such damages, or for any claim by any other party.
GENERAL
You agree that you do not intend to, and will not, ship or transmit (directly or indirectly) any copies of the website, any data contained therein or any technical information contained in the program or its media, or any direct product thereof, to any country or destination prohibited by the United States Government. This Agreement will be governed by the laws of the State of Illinois, United States. Should you have any questions concerning this Agreement, you may contact SalesTripReport.com.
BY MAKING ANY PURCHASE ON SALESTRIPREPORT.COM YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
INDEMNIFICATION
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through SalesTripReport.com.
PAYMENT
You will honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to SalesTripReport.com storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. SalesTripReport .com does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that SalesTripReport .com’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may access it through your “Purchase History” or request one by contacting our Customer Support.
NOTIFY US OF ACTS CONTRARTY TO THE AGREEMENT
If you think you have to breach this Agreement, you will let us know beforehand.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
NOTIFICATIONS AND SERVICE MESSAGES
You are okay with us providing you with important notices on our websites, mobile apps, or email.
The contact information you provide must be accurate or you may not receive important notices.
For purposes of service messages and notices about the Services, SalesTripReport.com may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from SalesTripReport.com to an email address associated with your account, even if we have other contact information. You also agree that SalesTripReport.com may communicate with you through your SalesTripReport.com account or through other means including email, mobile number, telephone, or delivery services including the postal service about your SalesTripReport.com account or services associated with SalesTripReport.com. Please review your SalesTripReport.com settings to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
SALESTRIPREPORT.COM APPLICATIONS
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
SalesTripReport.com may offer the Services through applications built using a mobile platform. Examples of SalesTripReport.com Applications include smart phone applications (e.g. SalesTripReport.com for Android and iOS), and SalesTripReport.com “Share” buttons and other interactive plugins distributed on websites across the web. SalesTripReport.com Applications are distinct from third party Platform Applications. If you use a SalesTripReport.com Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing SalesTripReport.com plugins that load in your browser may be communicated to us. Further, by importing any of your SalesTripReport.com data through the SalesTripReport.com Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your SalesTripReport.com account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing SalesTripReport.com through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
PRIVACY
You are okay with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.
You should carefully read our full Privacy Policy before using SalesTripReport.com as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to SalesTripReport.com, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that SalesTripReport.com may process such information, within the terms of the Privacy Policy.
EXPORT CONTROL
You won’t break export laws.
Your use of SalesTripReport.com services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
CONTRIBUTIONS TO SALESTRIPREPORT.COM
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to SalesTripReport.com, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) SalesTripReport.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) SalesTripReport.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) SalesTripReport.com may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to SalesTripReport.com rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from SalesTripReport.com under any circumstances.
YOUR RIGHTS
If you follow this agreement, we grant you a limited right to use SalesTripReport.com.
You will only access and use SalesTripReport.com in the way this agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or SalesTripReport.com authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of SalesTripReport.com or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of SalesTripReport.com contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from SalesTripReport.com commercially unless expressly authorized by SalesTripReport.com) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in SalesTripReport.com and all related items, including any and all copies made of the SalesTripReport.com websites.
OUR RIGHTS AND OBLIGATIONS
SERVICES AVAILABILITY
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and content.
For as long as SalesTripReport.com continues to offer the Services, SalesTripReport.com shall provide and seek to update, improve and expand the Services. As a result, we allow you to access SalesTripReport.com as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue SalesTripReport.com, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on SalesTripReport.com or by direct communication to you unless otherwise noted.
We may not keep showing the content or information you provide to us.
SalesTripReport.com further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by SalesTripReport.com to be contrary to this Agreement. For avoidance of doubt, SalesTripReport.com has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Linked SalesTripReport.com In may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
THIRD PARTY CONTENT, SITES AND DEVELOPERS
Your access of other Members’ and third parties’ content and information posted on the Services is at your own risk.
By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.
Third parties may offer their own products and services through SalesTripReport.com, and we are not responsible for these third-party activities.
SalesTripReport.com may include links to third party web sites (“Third Party Sites”) on our Services. SalesTripReport.com also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by SalesTripReport.com through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. SalesTripReport.com is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. SalesTripReport.com also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
DISCLOSURE OF USER INFORMATION
You agree that we can use, store, and share information about you as permitted in our Privacy Policy.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of SalesTripReport.com, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
INTELLECTUAL PROPERTY NOTICES
We are providing you notice about our intellectual property rights.
The Services include the copyrights and Intellectual property rights of SalesTripReport.com and except for the limited license granted to you, SalesTripReport.com reserves all of its intellectual property rights in the Services. SalesTripReport.com, “STR” logos and other SalesTripReport.com trademarks, service marks, graphics, and logos used in connection with SalesTripReport.com are trademarks or registered trademarks of SalesTripReport.com or SalesTripReport.com Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with SalesTripReport.com may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
DISCLAIMER
We disclaim any legal liability for the quality, safety, or reliability of SalesTripReport.com.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON SALESTRIPREPORT.COM OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR SALESTRIPREPORT.COM AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SALESTRIPREPORT.COM DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SALESTRIPREPORT.COM AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SALESTRIPREPORT.COM OR ANYTHING RELATED TO SALESTRIPREPORT.COM, YOU MAY CLOSE YOUR SALESTRIPREPORT.COM ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. SALESTRIPREPORT.COM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SALESTRIPREPORT.COM TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. SALESTRIPREPORT.COM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SALESTRIPREPORT.COM DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. SALESTRIPREPORT.COM DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SALESTRIPREPORT.COM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SALESTRIPREPORT.COM DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SALESTRIPREPORT.COM SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILILTY
We are trying to limit any legal liability we may have to you.
LIMITATION OF LIABILITY; SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither SalesTripReport.com nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“SalesTripReport.com Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from SalesTripReport.com. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that SalesTripReport.com may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
TERMINATION AND MUTUAL RIGHTS OF TERMINATION
We can each end this Agreement anytime we want.
You may terminate this Agreement, for any or no reason, at any time, with notice to SalesTripReport.com. This notice will be effective upon SalesTripReport.com processing your notice. SalesTripReport.com may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only SalesTripReport.com or the party paying for the services may terminate your access to any Premium Services. Termination of your SalesTripReport.com account includes disabling your access to SalesTripReport.com and may also bar you from any future use of SalesTripReport.com.
MISUSE OF SERVICES
SalesTripReport.com may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes creating multiple or false profiles; using the Services commercially without SalesTripReport.com’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts, or any other behavior that SalesTripReport.com, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, SalesTripReport.com has adopted a policy of terminating accounts of Members who, in SalesTripReport.com’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
EFFECT OF TERMINATION
Upon termination of your SalesTripReport.com account, you lose access to the Services. The terms of this Agreement shall survive any termination, except “Your Rights” and Sections “Our Rights and Obligations”.
DISPUTE RESOLUTION
LAW AND FORUM FOR LEGAL DISPUTES
In the unlikely event we end up in a legal dispute, it will take place in Illinois courts, applying Illinois law.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Illinois regardless of your country of origin or where you access SalesTripReport.com , and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and SalesTripReport.com agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Cook County, Illinois, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and SalesTripReport.com agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims. Notwithstanding the above, you agree that SalesTripReport.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
ARBITRATION OPTION
Each of us will have the right to choose arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
SEVERABILITY
Here are some important details about how to read the Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
LANGUAGE
Where SalesTripReport.com has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with SalesTripReport.com.
NOTICES AND SERVICE OF PROCESS
In addition to “Notices and Service Messages”, we may notify you via postings on www.SalesTripReport.com or another SalesTripReport.com site or app. You may contact us here. Or via mail or courier at: SalesTripReport.com ATTN: Legal Department PO Box 2708 Chicago, IL 60690 USA. Additionally, SalesTripReport.com accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
ENTIRE AGREEMENT
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and SalesTripReport.com regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SalesTripReport.com services, third-party content or third party software.
AMENDMENTS TO THIS AGREEMENT
We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.salestripreport.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section Termination.
NO INFORMAL WAIVERS AGREEMENTS
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any SalesTripReport.com Affiliate shall be deemed legally binding on any SalesTripReport.com Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of SalesTripReport.com.
NO INJUNCTIVE RELIEF
You waive your rights to try to stop SalesTripReport.com, but we don’t waive our rights to ask a court to stop your actions.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
BENEFICIARIES
Entities other than SalesTripReport.com that SalesTripReport.com owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
ASSIGNMENT AND DELEGATION
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, SalesTripReport.com for any third party that assumes our rights and obligations under this Agreement.
POTENTIAL OTHER RIGHTS AND OBLIGATIONS
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
SALESTRIPREPORT.COM “DOs” and “DON’Ts.”
As a condition to access SalesTripReport.com, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Do undertake the following:
Here’s a list of some of the specific things we ask you to do and not do on SalesTripReport.com.
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with our Privacy Policy;
Review and comply with notices sent by SalesTripReport.com concerning the Services;
Use the Services in a professional manner; and
Use your real name on your profile.
Don’t undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to SalesTripReport.com;
Publish inaccurate information in the designated fields on any profile form(s) (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
Use or attempt to use another's account or create a false identity on SalesTripReport.com;
Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by SalesTripReport.com);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of SalesTripReport.com or any user of SalesTripReport.com;
Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on SalesTripReport.com except as permitted in this Agreement, or as expressly authorized by SalesTripReport.com;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from SalesTripReport.com to provide any service that is competitive, in SalesTripReport.com ‘s sole discretion, with SalesTripReport.com;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by SalesTripReport.com unless you have entered into a written agreement with SalesTripReport.com (this includes, but is not limited to;
Adapt, modify or create derivative works based on SalesTripReport.com or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under SalesTripReport.com developer program;
Rent, lease, loan, trade, sell/re-sell access to SalesTripReport.com or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a SalesTripReport.com service or functionality of SalesTripReport.com, without the express written permission of SalesTripReport.com;
Remove any copyright, trademark or other proprietary rights notices contained in or on SalesTripReport.com, including those of both SalesTripReport.com and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on SalesTripReport.com;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from SalesTripReport.com except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Infringe or use SalesTripReport.com ‘s brand, logos or trademarks, including, without limitation, using the word “SalesTripReport.com” in any business name, email, or URL or including SalesTripReport.com ‘s trademarks and logos except as expressly permitted by SalesTripReport.com;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
Use bots or other automated methods to access SalesTripReport.com, add or download contacts, send or redirect messages, or perform other similar activities through SalesTripReport.com, unless explicitly permitted by SalesTripReport.com;
Access, via automated or manual means or processes, SalesTripReport.com for purposes of monitoring SalesTripReport.com ‘s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of SalesTripReport.com ‘s website;
Attempt to or actually access SalesTripReport.com by any means other than through the interfaces provided by SalesTripReport.com such as its mobile application or by navigating to http://www.salestripreport.com using a web browser. This prohibition includes accessing or attempting to access SalesTripReport.com using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including SalesTripReport.com;
Attempt to or actually override any security component included in or underlying SalesTripReport.com;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on SalesTripReport.com ‘s infrastructure, including, but not limited to, sending unsolicited communications to other Members or SalesTripReport.com personnel, attempting to gain unauthorized access to SalesTripReport.com, or transmitting or activating computer viruses through or on SalesTripReport.com; and/or
Interfere or disrupt or game SalesTripReport.com or the Services, including, but not limited to, any servers or networks connected to SalesTripReport.com, or SalesTripReport.com search algorithms.
COMPLAINTS REGARDING CONTENT POSTED ON THE SALESTRIPREPORT.COM WEBSITE
If you think someone has stolen or misused your intellectual property on SalesTripReport.com, please check out our Copyright Policy.
We built SalesTripReport.com to help our clients be a more successful professionals, and to help professionals succeed. To achieve this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, SalesTripReport.com provides a process for submission of complaints concerning content posted by our Members.
How To Contact Us
If you have questions or comments about this User Agreement, please contact us online or by physical mail at:
SalesTripReport.com: User Agreement Issues
PO Box 2708
Chicago, IL 60690
USA