LEGAL DISCLAIMER
SALES JUDGE SERVICE AGREEMENT AND PRIVACY POLICY
Sales Judge is a brand name for internet-based sales competency profile services and products owned by Interactive Sales Assessments LLC (the "Agreement”), BY ACCESSING OR USING THE SALES JUDGE ONLINE SALES COMPETENCY PROFILES, AND/OR PURCHASING PROFILES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE ONLINE SALES JUDGE SALES COMPETENCY PROFILE ASSESSMENT SERVICE. INTERACTIVE SALES ASSESSMENTS, LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF SALES JUDGE SALES COMPETENCY PROFILES AND ASSESSMENT PRODUCTS AND SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. Use of the terms "User” or "us” or "we” throughout this document shall include our principals, contractors and other persons involved in creating, producing, or delivering the site to your computer.
Terms and Conditions for Our Site The following paragraphs on this page, as well as our Privacy Statement describe the Terms and Conditions under which we offer you access to our services. Please feel free to browse, communicate with and otherwise use the site to enter, delete and retrieve sales competency assessment data and access and edit your account information. At the same time, please keep in mind that your access to this site is subject to the terms and conditions we establish ("Terms”) as well as all applicable laws. We may revise the Terms and Conditions at any time by updating this site. You are bound by such revisions and therefore you should review this site from time to time.
Assumption of Risk Sales Judge sales competency profiles are provided for the purpose of assisting the user to evaluate the ability of sales people to present a company’s products and services to buyers in actual or simulated sales presentations. The scoring of selling factors on the profile forms, and the comments entered on them, as well as any conclusions drawn from scoring and comments, are those of the user, alone, and contain no opinion(s), information, direction or input from Interactive Sales competency assessment. The information the user derives from Sales Judge online sales competency profiles to influence decisions or actions affecting any individual in any way is not the responsibility of Interactive Sales Assessmentd, and is the sole responsibility of the user. We will not be liable for any difficulty in use, inaccuracy or incompleteness of information, computer viruses, malicious code, loss of data, compatibility issues, or otherwise. We will not be liable even if someone has informed us of a problem with the site or its content. You use the site at your own risk.
We are not liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to our site, or any other link we provide to another site. By using our site, you accept at your own risk that the Internet may not perform as intended despite our best efforts, your best efforts and the best efforts of our and your internet providers.
The information provided by Us is based on standard industry practice, experience and performance evaluations. Although the evaluations have demonstrated a high level of accuracy there is no guaranty made by Us as to the efficacy of the aforementioned evaluation and You understand that the information provided by this site is intended to be informative and not dispositive as to the employability of any individual.
Interactive Sales Assessments LLC cannot guaranty the security of information provided by You over the Internet and cannot guaranty the security of information provided to You over the Internet.
Indemnification Any use of the site shall act as an affirmation of the obligations contained herein and by so using this site the user agrees to indemnify and hold Us harmless from any claim that may be brought in any court of any jurisdiction with regard to the dissemination of the information relating to the use of this site.
Ownership, License and Restrictions on Use of Materials As between Interactive Sales Assessments LLC and you, 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 our products and services are proprietary marks that belong to Interactive Sales Assessments LLC. 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. You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this site provided solely for your use and provided that you do not remove or obscure the copyright notice or other notices.
Site System Integrity You may access our system for normal use. You may not use any device, software, routine or agent to interfere or attempt to interfere with the proper working order of our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose to or share your password with third parties or use your password for any unauthorized purpose. You may not attempt to log in with a User Name other than your own. We do not guarantee continuous, uninterrupted access to our services and operation of our site. Numerous actions beyond our control may interfere with our site. Any breach of the terms and or conditions referenced above will render the breaching party strictly liable for any and all damages resulting from the commission of said breach irrespective of the foresee ability or intent of the party in question.
Links referenced out of the Site While visiting our web site, you 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 you. 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 you try one of these links, you will leave our site, (but you can return with your browser’s "back” button).
Governing Law and Legal Jurisdiction The laws of Lee County in the State of Florida govern this Agreement, without any regard to conflict of law principals, your access and use of our site and the Terms of this Online Service Agreement. You submit to the exclusive jurisdiction of the courts in the State of Florida and waive any jurisdictional venue or inconvenient forum objections to such court.
Integration and Severability A court or other tribunal of competent jurisdiction may hold that a provision is illegal, invalid or otherwise unenforceable and in such event the offending provision will be deemed severed from this Agreement. In the event that any provision is held to be illegal, invalid or otherwise unenforceable the remainder of the Agreement shall remain in full force and effect and the intent and purpose of the Agreement shall be derived from all provisions, including any provisions that have been severed. 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 you 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.
PRIVACY POLICY This privacy policy applies to information collected by/for websites of the Sales Judge online Sales Competency Profile service which is owned by Interactive Sales Assessment, LLC. 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 do not sell or exchange information to unaffiliated third parties for marketing purposes.
5. We require our business associates to abide by strict privacy principals.
6. Your account and Sales Competency Profile 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.
7. 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, and to resolve problems.
8. After 24 months of no activity on your account you may be notified by email that you have 10 days notice to delete or download your archived assessments and account information, after which Sales Judge will have the right delete your records from the database.
Nondisclosure of Information We Collect Information relating to sales performance of individuals contained in Sales Competency Profiles that are collected and archived on our web site is confidential to our customers and will not be disclosed, released, sold to or shared with other entities. Our exceptions to this nondisclosure are:
1. We believe in good faith that the law requires it.
2. We need to protect our rights and property.
3. We act to protect the interests of our registered users
4. We receive a subpoena or similar legal process demanding release of information that we collected online; in that case we will notify you before complying with the request, unless we believe law prohibits such notification or time does not permit it.
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