Online Subscription Agreement: TERMS OF SERVICE

IMPORTANT READ CAREFULLY

BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE ACCEPTANCE BUTTON, YOU WARRANT THAT YOU ARE: (i) 18 YEARS OF AGE OR OLDER; (ii) HAVE THE AUTHORITY TO, OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS "CUSTOMER" TO THE TERMS OF SERVICE OF THIS ONLINE SUBSCRIPTION AGREEMENT ("AGREEMENT"); AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT CLICK THE ACCEPTANCE BUTTON; YOUR REGISTRATION PROCESS WILL BE DISCONTINUED AND YOU MAY NOT USE THE SERVICES.

This agreement is a legal and binding instrument entered into as of the Effective Date by and between Interactive Sales Assessments LLC and Customer, regarding the Sales Judge® assessments, which is solely owned by Interactive Sales Assessments LLC.

Interactive Sales Assessments LLC reserves the right to amend this Agreement from time to time on notice to the Customer. The most current version of this Agreement can be reviewed by clicking the "Terms of Service" hypertext link located on the SalesJudge.com web site and shall control, if different, than this Agreement.

  1. Definitions. As used in this Agreement, the following defined terms shall apply:
    1. 1.1 Agreement means these Terms of Service as may be amended from time to time and any other documents incorporated by reference.
    2. 1.2 Sales Judge as an entity in this Agreement is interchangeable with the entity Interactive Sales Assessments LLC in this Agreement
    3. 1.3 Customer is the legal entity or individual that enters into this agreement.
    4. 1.4 Effective Date is the date of electronic acceptance of this Agreement by Customer
    5. 1.5 Confidential Information is any non-public information and/or materials provided by a party under this Agreement to the other party and reasonably understood to be confidential.
    6. 1.6 Account Information is a page within the Interactive Sales Assessments LLC Web site which contains Customer account information such as Registration Data. Customer may access the My Account page at any time and update certain information.
    7. 1.7 Named Authorized User is the an email address and a unique password the Customer registers with and uses thereafter to login to the Sales Judge Web to access new and previous assessments, and to access the history of previous assessments and Account Information.
    8. 1.8 Payment information available from PayPal™ a third party merchant services provider for Subscription Fee payments for Interactive Sales Assessments LLC. Such Payment Information will include a valid debit card or credit card number with available credit sufficient to pay the monthly Subscription Fees by automatic withdrawal.
    9. 1.9 Sales Judge's remote access, web enabled sales skills assessments can be customized by the Customer or used without change, and includes archiving of assessments on a secure data base with 24/7 password protected access by the Customer.
  2. Fee is the fee for Customer's access to and use of the Assessments as selected by the Customer.
  3. Online Registration.
    1. 3.1 Purchase. To purchase online assessments via the Interactive Sales Assessments LLC web site, Customer must complete the online registration process, including Customer's electronic acceptance of this Agreement, and Interactive Sales Assessments LLC must then accept such online registration. Interactive Sales Assessments LLC may reject an online registration by a potential Customer in its sole discretion and is not obligated to provide a reason for its rejection. In the event a potential Custome's online registration is rejected by Interactive Sales Assessments LLC, such potential Customer may submit a new online registration for re-evaluation by Interactive Sales Assessments LLC.
    2. 3.2 Registration Data. All Registration Data provided by or on behalf of Customer must be current, accurate and complete. Customer is solely responsible for updating such Registration Data as necessary. Interactive Sales Assessments LLC retains the right to terminate this Agreement immediately in the event any Registration Data is found to be inaccurate, incomplete or not current at any time. Customer is hereby informed that Registration Data is subject to automatic processing by Interactive Sales Assessments LLC for the purposes of managing Customer's account. Customer will have access to Registration Data and may update or correct it as necessary.
    3. 3.3 Account Password/Security. As part of the online registration process, Customer will choose a password and a user name (Email address). Customer is entirely and solely responsible for maintaining the confidentiality of its password and account and Customer is solely responsible for any and all activities that occur under its account. Customer agrees to notify Interactive Sales Assessments LLC immediately of any unauthorized use of its account or any other breach of security. Interactive Sales Assessments LLC shall not be liable for any loss that Customer may incur as a result of a third party using its password or account, either with or without its knowledge. Customer may be held liable for losses incurred by Interactive Sales Assessments LLC and /or another party due to a third party using Customer's account or password.
    4. 3.4 Payment Information. All payment information provided for or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Payment Information as necessary.
    5. 3.5 Money Back Guarantee and Service Cancellation. After Customer's initial payment of $9.95 for an assessment a Customer can email info@salesjudge.com and request that payment be refunded in full and 
      Customer's account will be automatically billed to a credit, debit or PayPal account monthly unless Customer has previously cancelled the account. Customer's archived assessment and account data will be available for 24 months after Customer cancels by logging on to this web site, after which the data may be deleted in the absence of any activity.
    6. 3.6 No Warranties. Sales Judge sales and customer service assessments are provided for the purpose of assisting the Customer to evaluate the ability of sales and customer service people. The scoring of factors on the assessment forms, and the comments entered on them, as well as any conclusions drawn from such scoring and comments, are solely those of the Customer (or of the person they appoint or designate to conduct the assessment and contain no opinion(s), information, direction or input from Interactive Sales Assessments LLC.)
      The information the user derives from Sales Judge online assessments to influence decisions or actions affecting any individual in any way is not the responsibility of Interactive Sales Assessments LLC, and is the sole responsibility of the Customer.
      Interactive Sales Assessments LLC will not be liable for any difficulty in use, inaccuracy or incompleteness of information, computer viruses, malicious code, loss of data, compatibility issues, or other factors. Interactive Sales Assessments LLC will not be liable even if someone has informed us of a problem with the site or its content. Customers use the site at their own risk.
    1. 3.7 No Liabilities. Interactive Sales Assessments is not liable for any direct, indirect, incidental, consequential or punitive damages arising out of Customer access to our site, or any other link we provide to another site. By using our site, Customer accepts at own risk that the Internet may not perform as intended despite our best efforts, Customer best efforts and the best efforts of our and Customer internet providers.
    2. 3.8 Ownership, License and Restrictions on Use of Materials. As between us and the Customer, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this site belongs to Interactive Sales Assessments LLC. In addition, the names, images, pictures, logos and icons identifying Sales Judge products and services are proprietary marks that belong to us. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels, or otherwise, under copyright or other intellectual property rights. Customer is hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this site provided solely for Customer use and provided that Customer do not remove or obscure the copyright notice or other notices.
  4. Site System Integrity
    1. 4.1 Normal Use. Customers may access our system for normal use. Customers may not use any device, software, routine or agent to interfere or attempt to interfere with the proper working order of our site. Customers may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. Customers may not disclose to or share Customer password with third parties or use Customer password for any unauthorized purpose. Customer may not attempt to log in with a User Name other than Customer's own. Interactive Sales Assessments LLC does not guarantee continuous, uninterrupted access to our services and operation of our site. Numerous actions beyond our control may interfere with our site.
    2. 4.2 Links referenced out of the Site. While visiting the Sales Judge web site, Customer may leave the site and access certain non-Sales Judge Sites. We may provide links to other sites on topics that may be useful to Customer. We do not endorse, and are not responsible for the content and accuracy of these sites. We also do not warrant that these sites are free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such sites are free of computer viruses. We are also not responsible for the contents of any site linked to our site. If Customer tries one of these links, Customer will leave our site, (but Customer can return with Customer browser's "back" button).
    3. 4.3 Trial and Promotional Offers. Sales Judge may offer trial and promotional certain trial and/or promotional offers and reserves the right to discontinue or modify coupons, credits, trials and promotional offers at its discretion and without notice. Any such trial or promotional offers may not be combined with coupons, credits, trials, promotions or another discounts, and are limited to one (1) per Customer. The details of any trial or promotional offers applicable to Customer shall be listed on Customer's My Account Page.
    4. 4.4 Email Product Support: Questions and comments E-mailed to info@salesjudge.com will be answered within 48 hours of receipt.
  5. Customer Rights and Restrictions
    1. 5.1 Customer Access and Use. During the Term of this Agreement, and upon payment of all applicable Fees, Customer may access and use the Assessments pursuant to and in accordance with the provisions of this Agreement. Interactive Sales Assessments LLC will enable Customer to access and utilize the Assessments as contemplated by the Agreement. Thereafter Customer will be solely responsible for selecting and managing the use of our services, including authorizing the use of Customer's unique password to gain access to Sales Judge services and the information on Customer's My Account page and payment history.
    2. 5.2 Reverse Engineering. Customer may not prepare derivative works of, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the Services and/or any other aspect of the programming and organization of Sales Judge sales skills assessments.
    3. 5.3 Abuse. Customer shall not access and/or engage in any use of the Services in a manner that abuses or materially disrupts the security systems and or Sales Judge Web site and/or communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous, or otherwise unlawful.
    4. 5.4 Illegal Purposes. Customer shall not use the Assessments for fraudulent or illegal purposes.
    5. 5.5 No Representation by Customer. Neither Customer, employees or representatives shall make any representations with respect to Sales Judge assessments (including without limitation that Interactive Sales Assessments LLC is a warrantor or co-seller of any Customer's products and/or services), the Services of this Agreement.
    6. 5.6 Limited Grant of Rights. No other rights are granted hereunder to Customer except as expressly set forth in this Agreement.
  6. Term and Termination
    1. 6.1 Term. This Agreement shall commence on the Effective Date and continue for the Term.
    2. 6.2 Termination for Cause. Interactive Sales Assessments LLC reserves the right to terminate this Agreement immediately if Customer breaches any of its material obligations under this Agreement.
    3. 6.3 Effect of Termination. Upon termination of this Agreement, Customer will immediately discontinue all access to and use of the Services and cease to represent in any form that it is a user of the Services. Interactive Sales Assessments LLC will immediately confirm the termination by sending an Email.
  7. DISCLAIMER OF WARRANTIES. Each party hereby warrants to the other party that is has all necessary authority to enter into and perform its obligations under this Agreement without the consent of any third party or breach of any contract or agreement with any third party. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED BY INTERACTIVE SALES ASSESSMENTS LLC ON AN "AS IS" BASIS, AND CUSTOMER'S ACCESS TO AND/OR USE OF THE SALES JUDGE ONLINE ASSESSMENTS SERVICE, WEB SITE AND LINKED WEB SITES AND/OR THE SERVICES IS AT ITS SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, INTERACTIVE SALES ASSESSMENTS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INTERACTIVE SALES ASSESSMENTS LLC MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET THE REQUIREMENTS OF CUSTOMERS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE; NOR DOES INTERACTIVE SALES ASSESSMENTS LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT THE SOLE RISK OF CUSTOMER AND THAT CUSTOMER WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM INTERACTIVE SALES ASSESSMENTS LLC HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
  8. LIMITATION ON LIABILITY. IN NO EVENT SHALL INTERACTIVE SALES ASSESSMENTS LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THIS AGREEMENT OR WHETHER DIRECT OR INDIRECT (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT INTERACTIVE SALES ASSESSMENTS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT OF APPLICABLE LAW, INTERACTIVE SALES ASSESSMENTS LLC'S LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
  9. Additional Terms
    1. 9.1 Relationship of the Parties. Customer and Interactive Sales Assessments are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
    2. 9.2 Assignment. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.
    3. 9.3 Force Majeure. Neither party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include but are limited to natural disasters, (e.g. lightning, earthquakes, hurricanes, floods, etc.), wars, riots, terrorist activities and civil commotions; activities of local exchange carriers, telephone carriers, internet service providers, and other third parties; explosions and fires; embargoes, strikes and labor disputes; governmental decrees; and another cause beyond the reasonable control of a party.
    4. 9.4 Notice. Interactive Sales Assessments LLC may provide Customer with notice via email, regular mail and/or postings on the Sales Judge Web site.
    5. 9.5 Compliance with Laws. Both parties agree to comply with all applicable local, state, national and foreign laws, rules and regulations, in connection with their performance, access and/or use of the Services under this Agreement.
    6. 9.6 Governing Law and Legal Jurisdiction. The laws of the State of Florida govern this Agreement, without any regard to conflict of law principals, Customer access and use of our site and the Terms of this Online Service Agreement. Customer submits to the exclusive jurisdiction of the courts in the State of Florida and waives any jurisdictional venue or inconvenient forum objections to such court.
    7. 9.7 Integration and Severability. In the event we fail to enforce any of our rights under this Agreement, or applicable laws, it shall not constitute a waiver of such right or any other right(s). This Agreement, and its subordinate Privacy Statement and the Site Security Statement constitute the entire agreement between Customer and us pertaining to our site. A court, or other tribunal of competent jurisdiction, may hold that a provision will be deemed servable from this Agreement and not affect the validity or enforceability of the remaining provisions. We will replace the unenforceable provision that comes closest to the intention of the underlying unenforceable provision.
    8. 9.8 No Third Party Beneficiaries. No person or entity not a party to this Agreement shall be deemed to be a third party beneficiary to this Agreement or any provision thereof.
    9. 9.9 Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on either party unless agreed to in writing by both parties.
    10. 9.10 Captions and Headings. Captions and headings are used herein for convenience only and are not a part of this Agreement and shall not be used in interpreting or construing this Agreement.
    11. 9.11 References. Pronouns contained in this Agreement shall apply equally to the feminine, neuter and masculine genders. The singular shall include the plural and plural shall include the singular.
PRIVACY POLICY

This privacy policy applies to information collected by/for websites of the Sales Judge online Assessment service. At Interactive Sales Assessment, LLC ("The Service"), we, and our business associates, respect your privacy and the confidentiality of your information and that of your company or organization. In order to safeguard this privacy we have adopted the following privacy principals and information practices:

  1. We respect the privacy of our customers and we handle your data with care.
  2. You have the right to review and correct your account information and notify us of errors or omissions.
  3. We collect and maintain information to administer our business and to provide products and services of importance to you. We provide security safeguards in the handling and maintenance of your information to protect against risks such as loss, destruction or misuse. We conduct periodic reviews to provide for appropriate and secure handling and processing of your information.
  4. We require our business associates to abide by strict privacy principals.
  5. Your account and assessment data is maintained in a secure environment. By using our site you are able to access your data at any time at our web site at www.SalesJudge.com.
  6. We may use the information about your account at times to troubleshoot problems, to look across multiple users to identify business trends, to construct reports, to resolve problems, and as a source of contact information for we may offer for sale. 
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