Information We Collect About You and How We Collect ItWe collect several types of information from and about users of our Site, including information:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number or any other information the Site collects that is defined as personal or personally identifiable information under applicable law ("personal information");
- That is about you but individually does not identify you; and/or
- About your internet connection, the equipment you use to access our Site, and usage details.
- Directly from you when you provide it to us, such as through filling in forms on our Site and/or contacting us directly; and/or
- Automatically as you navigate through the site.
How We Use Your InformationWe use information that we collect about you or that you provide to us, including any personal information:
- To present our Site and its contents to you;
- To provide you with information, products, or services that you request from us;
- To fulfill any other purpose for which you provide it;
- To contact you about goods and services that may be of interest to you;
- To notify you about changes to our Site or any products or services we offer or provide though it;
- In any other way we may describe when you provide the information;
- To estimate our audience size and usage patterns;
- To store information about your preferences, allowing us to customize our Site according to your individual interests;
- To recognize you when you return to our Site; and/or,
- For any other purpose with your consent.
Disclosure of Your InformationWe may disclose aggregated information about our users, without restriction. We may disclose personal information that we collect or you provide as described in this Policy:
- To our subsidiaries and affiliates;
- To contractors, service providers, and other third parties we use to support our business;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SalesBeast's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SalesBeast about our Site users is among the assets transferred;
- To third parties to market their products or services to you if you have consented to/not opted out of these disclosures;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the information; and/or,
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SalesBeast, our customers or others.
Choices About How We Use and Disclose Your InformationWe strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Offers from SalesBeast.If you do not wish to have your contact information used by SalesBeast to promote our own or third parties' products or services, you can opt-out by emailing firstname.lastname@example.org. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions.
Accessing and Correcting Your InformationYou may send us an e-mail at email@example.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy RightsCalifornia residents have the right, under California law, to request and receive, once per calendar year, information regarding how we may have shared your personal information with third parties for direct marketing purposes. To make such a request, please e-mail firstname.lastname@example.org and include your name, mailing address, and e-mail address.
Children Under the Age of 13Our Site provides educational materials for adult professionals only and is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. Pursuant to the Children's Online Privacy Protection Act, we do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
Data SecurityWe have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Questions & Contact InformationTo ask questions or comment about this Policy and our privacy practices, contact us at firstname.lastname@example.org.
Terms of Service
Thank you for using the website located at www.SalesBeast.com (the "Site") and the services provided by SalesBeast (the "Services"). These terms and conditions (these "Terms") govern your use of and access to the Site and the Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SITE OR THE SERVICES. THESE TERMS CONTAIN IMPORTANT INFORMATION, PARTICULARLY WITH REGARD TO YOUR LEGAL RIGHTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE ANY QUESTIONS ABOUT YOUR POTENTIAL RIGHTS UNDER THESE TERMS.
Agreement with SalesBeastYour use of the Site or the Services enters you into a contractual agreement with Rapid Learning Institute, LLC, doing business as "SalesBeast" (referred herein as "SalesBeast"). BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THESE TERMS, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AN ACCOUNT WITH THE SITE. IF YOU DO NOT AGREE TO ANY ASPECT OF THESE TERMS, THEN STOP USING THE SITE AND THE SERVICES. If you are accepting or agreeing to these Terms on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, as a result, "you" and "your" in these Terms will refer and apply to that company or other legal entity.
SalesBeast reserves the right, in its sole discretion, to modify the Site or the Services or to update these Terms, at any time and without prior notice. If we update these Terms, we will either post the updated Terms on the Site or otherwise provide you with notice of the update. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or the Services after we have posted or provided you with the updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree with the updated Terms, do not use the Site or the Services.
Account RegistrationTo register for a SalesBeast account, you must visit the Site, provide the information that is required, and pay the fees. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information, including your password, and you agree that you will be solely responsible for any activities and/or actions taken under your account. You acknowledge that SalesBeast shall not be liable in the event that there is an unauthorized access of your account and that you will immediately notify SalesBeast in the event of an unauthorized access of your account.
The Site and the Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or the Services by anyone under 18 is expressly prohibited. By accessing or using the Site or the Services you represent and warrant that you are 18 years of age or older.
Term:Your account shall remain valid throughout the duration of the term that you have purchased (the “Subscription Term”), beginning on the day that you purchase a subscription (the “Effective Date”). Provided that you comply with these Terms, including maintaining accurate and current credit/debit card information, your account shall be renewed automatically on the expiration of the Subscription Term (any “Renewal Term”) and any Renewal Term thereafter.
Suspension, Termination, and Cancellation of SalesBeast Account:SalesBeast reserves the right, in its sole discretion and without prior notice, to limit, suspend, deactivate, or cancel your SalesBeast account at any point in time and for any reason. SalesBeast shall not be liable to you in the event of a limitation, suspension, deactivation, or cancellation of your SalesBeast account. You may cancel your SalesBeast account at any time by contacting SalesBeast. Upon cancellation of your SalesBeast account, SalesBeast shall retain access to and use of any information or User Content, as defined in Section 6, below, that you had provided to SalesBeast or via the Site. You shall continue to have access to the Site and the Services until the end of the term for which you have paid.
Access to the Proprietary Materials & Other Intellectual Property Rights
Proprietary Materials:The Site is owned and operated by SalesBeast. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Site (the “Proprietary Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided by Users, all Proprietary Materials, and all trademarks, service marks, and trade names, contained on or available through the Site are owned by or licensed to SalesBeast, and SalesBeast reserves all rights therein and thereto not expressly granted by these Terms.
Grant of License from SalesBeast:Subject to your compliance with these Terms, SalesBeast grants you a limited, non-exclusive, non-transferable license, to: (1) access and view any content produced by or shared by SalesBeast via the Site or the Services solely for your personal and non-commercial purposes; and, (2) access and view any User Content to which you are permitted to access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Site, the Services, or any content produced via the Site, or the Services except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SalesBeast or its licensors, except for the licenses and rights expressly granted in these Terms.
4. Payment of Fees and Taxes
Fees:You agree to pay the specific fee(s) for the Services (the "Fees") that you purchase. SalesBeast reserves the right to change the fees at any point. All fees are non-cancellable and non-refundable and shall be in United States dollars.
Payment Details:Fees must be paid upon or in advance of accessing the Site and the Services. Recurring charges must also be paid on or in advance of the due date, in order to ensure continued access to the Site and the Services. You agree to provide SalesBeast with valid, up-to-date and complete debit/credit card, contact, and billing details. You further authorize SalesBeast to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Fees due for the Subscription Term (and Renewal Term). If, for any reason, your credit/debit card company refuses to pay the amount billed for the Services, you agree that SalesBeast may, at its option, suspend or terminate your subscription to the Services and require you to pay the overdue amount by other means acceptable to SalesBeast. SalesBeast may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the Services is properly terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Services.
Taxes:You are solely responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against SalesBeast.
User ConductYou may use the Site only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:
- Use the Site or Services in any way that violates any applicable federal, state, local or international law or regulation;
- Use any intellectual property, including any trademarks or logos, of SalesBeast without SalesBeast's prior express written consent;
- Impersonate or attempt to impersonate SalesBeast, a SalesBeast employee, another user or any other person or entity;
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm SalesBeast or users of the Site or expose them to liability;
- Infringe on the rights of any persons, including but not limited to, any intellectual property, privacy, publicity or contractual rights;
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other parties' use of the Site;
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the Proprietary Materials on the Site;
- Use any manual process to monitor or copy any of the Proprietary Materials on the Site or for any other unauthorized purpose without SalesBeast's prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other items which are malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- Attempt to decipher, decouple, disassemble, or reverse engineer any of the software used to provide the Site or the Services;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- Recruit or otherwise solicit any other users or non-users to join any third-party services or any companies that are competitive to SalesBeast;
- Otherwise attempt to interfere with or damage the proper working of the Site or the Services; and/or
- Advocate, encourage, assist, or authorize any third party to engage in any of the above.
User ContentAt the discretion of SalesBeast, the Site or the Services may require or provide you with the opportunity to provide content ("User Content"). To the extent that you provide any User Content, you represent and warrant that: (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit SalesBeast to use such User Content; (b) such User Content is accurate and reasonably complete; (c) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices; and (d) you agree to comply with all applicable rules regarding online conduct and acceptable content that is set forth in Section 5. You hereby grant to SalesBeast a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the User Content that you post on the Site or through the Services.
SalesBeast assumes no responsibility for any User Content. However, SalesBeast reserves the right to remove or refuse to post any User Content and take any action necessary with regards to User Content, including reporting any violations of intellectual property infringement or terminating any access to the Site and the Services.
DisclaimersYOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, PROPRIETARY MATERIALS, SOFTWARE, OR DATA THROUGH THE SITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
THE SITE, THE SERVICES, THE PROPRIETARY MATERIALS, AND ANY USER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SALESBEAST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SALESBEAST MAKES NO WARRANTY THAT THE SITE, THE SERVICES, THE PROPRIETARY MATERIALS, OR ANY USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SALESBEAST MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PROPRIETARY MATERIALS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY PROPRIETARY MATERIALS OBTAINED THROUGH THE SITE OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SALESBEAST OR THROUGH THE SITE OR THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability & Damages
Limitation of Liability:YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES REMAINS WITH YOU. NEITHER SALESBEAST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE SERVICES, THE PROPRIETARY MATERIALS, OR THE USER CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PROPRIETARY MATERIALS, OR THE USER CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, THE SERVICES, OR THE PROPRIETARY MATERIALS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, OR THE PROPRIETARY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SALESBEAST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Limitation of Damages:IN NO EVENT WILL SALESBEAST'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND THE SERVICES EXCEED THE AMOUNT OF FEES THAT HAVE BEEN PAID TO SALESBEAST IN THE SIX (6) MONTHS PRECEDING THE OCCURRENCE OF THE EVENT UNDERLYING THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SALESBEAST AND YOU.
IndemnificationYou agree to indemnify, defend, and hold harmless SalesBeast, Rapid Learning Institute, LLC, affiliated entities, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Site or the Services, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, by you or by your authorized representative. SalesBeast reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SalesBeast, and you agree to cooperate with SalesBeast’s defense of these claims. SalesBeast will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Geographic RestrictionsThe Site has certain functionality and features that may be subject to various United States export controls and restrictions. As a result, no Site functionality or features may be downloaded or exported: (a) into any country in which the United States Government ("USG") restricts such download or export; or (b) by any person that is prohibited by the USG from downloading or exporting. By using the Site, you represent and warrant that you and any authorized end users are not located in, under the control of or a national or resident of any such country or subject to any USG restrictions that would prohibit downloaded or exporting.
SalesBeast makes no representation that the Site, the Services, the Proprietary Materials, or the User Content are appropriate or available for use outside the United States, and accessing them from locations where their contents are illegal, is prohibited. Those who choose to access the Site, the Services, the Proprietary Materials, or the User Content from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site, Services, the Proprietary Materials, or the User Content is void where prohibited.
Entire Agreement:These Terms constitute the entire and exclusive understanding and agreement between SalesBeast and you regarding the Site, the Services, the Proprietary Materials, and any User Content. These Terms supersede and replace any and all prior oral or written understandings or agreements between SalesBeast and you regarding the access and use of the Site, the Services, the Proprietary Materials, and any User Content.
Waiver and Severability:The failure of SalesBeast to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SalesBeast. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Assignment:You may not assign or transfer these Terms, by operation of law or otherwise, without SalesBeast's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SalesBeast may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractor:SalesBeast and you are an independent contractors each other. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms or any use of the Site or the Services.
Third Party Beneficiary:These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that any payment processing companies are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Survival:All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms.
Governing Law and Jurisdiction:These Terms shall be construed and governed by the laws of the Commonwealth of Pennsylvania, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts located in Delaware County, Pennsylvania, and you expressly waive any objection to personal jurisdiction, venue, or forum non conveniens.
Cost of Enforcing Any Rights:SalesBeast may recover from you any fees and costs, including any attorneys' fees, from having to enforce any of its rights under this Agreement.
Limitation on Time to File Claim:YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Force Majeure:SalesBeast shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond SalesBeast’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.