Terms Of Use & Service

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS
PROVIDED BY OUR COMPANY.  BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OFUSE.  THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Site

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other
information.  It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If The Sales Whisperer® believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this site for purposes expressly permitted by this site.  You may not use this site for any other purpose, including any commercial purpose, without The Sales Whisperer® express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site without the express prior written permission of an authorized representative of The Sales Whisperer®.

For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish,or distribute this site or content accessible within this site.

You agree to cooperate with The Sales Whisperer® causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by The Sales Whisperer® is the proprietary information of The Sales Whisperer® or the party that provided the Content to The Sales Whisperer®, and The Sales Whisperer® or the party that provided the Content to The Sales Whisperer® etains all right, title, and interest in the Content.

Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of The Sales Whisperer®, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

Modification or use of the Content except as expressly provided in these Terms of Use violates The Sales Whisperer® intellectual property rights.  Neither title nor intellectual property rights are transferred to you by access to this site.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, The Sales Whisperer®. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or The Sales Whisperer®.  The Sales Whisperer® has not reviewed any or all of such sites and is not responsible for the content of those sites.

Hyper-links are to be accessed at the user’s own risk, and The Sales Whisperer® makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.  Further, the
inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.

Submissions

You hereby grant to The Sales Whisperer® the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to The Sales Whisperer® through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

The Sales Whisperer® will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

The Sales Whisperer® will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive
properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.  Our Company does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be
used to replace any written reports, statements, or notices provided by
Company.  Investors, borrowers, and other persons should
use the Content in the same manner as any other educational medium and
should not rely on the Content to the exclusion of their own
professional judgment.  Information obtained by using this site is
not exhaustive and does not cover all issues, topics, or facts that may
be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  The Content is provided “as is”
and without warranties of any kind, either expressed or implied.

Our Company disclaims all warranties, including any implied warranties
of merchantability, fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT.  Our Company does not warrant that the
functions OR CONTENT contained in this site will be uninterrupted or
error-free, that defects will be corrected, or that this site or the
server that makes it available are free of viruses or other harmful
components.  Our Company does not warrant or make any
representation regarding use, or the result of use, of the content in
terms of accuracy, reliability, or otherwise.  The content may
include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time.  You, and not The Sales Whisperer®,
assume the entire cost of all necessary servicing, repair or correction

IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR
ITS CONTENT.  Our COMPANY MAKES NO WARRANTIES THAT YOUR
USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the
date the information is posted on this site, and The Sales Whisperer® does
not undertake any obligation to update such information after it is
posted or to remove such information from this site if it is not, or is
no longer, accurate or complete.

Limitation On Liability

The Sales Whisperer®, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE
LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.

Indemnity

You will indemnify and hold Company,
its subsidiaries, affiliates, licensors, content providers, service
providers, employees, agents, officers, directors, and contractors
(hereinafter known as the “Indemnified Parties”) harmless from any
breach of these Terms of Use by you, including any use of Content other
than as expressly authorized in these Terms of Use.  You agree
that the Indemnified Parties will have no liability in connection with
any such breach or unauthorized use, and you agree to indemnify any and
all resulting loss, damages, judgments, awards, costs, expenses, and
attorney’s fees of the Indemnified Parties in connection
therewith.  You will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties
arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to The Sales Whisperer®.  The Sales Whisperer® and any party that provided trademarks, service marks, and logos to The Sales Whisperer®

retain all rights with respect to any of their respective trademarks,
service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this site;
• threatens
  or abuses others, libels, defames, invades privacy, stalks, is obscene,
  pornographic, racist, abusive, harassing, threatening or offensive;
• seeks
  to exploit or harm children by exposing them to inappropriate content,
  asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or
  person, including violating anyone’s copyrights or trademarks or their
  rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates
  or misrepresents your connection to any other entity or person or
  otherwise manipulates headers or identifiers to disguise the origin of
  the content;
• advertises any commercial endeavor
  (e.g., offering for sale products or services) or otherwise engages in
  any commercial activity (e.g., conducting raffles or contests,
  displaying sponsorship banners, and/or soliciting goods or services)
  except as may be specifically authorized on this site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or
  any other computer code, files or programs designed to interrupt,
  destroy or limit the functionality of any computer software or hardware
  or telecommunications;
• disrupts the normal flow
  of dialogue, causes a screen to scroll faster than other users are able
  to type, or otherwise act in a way which affects the ability of other
  people to engage in real time activities via this site;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys
  any policy or regulations established from time to time regarding use
  of this site or any networks connected to this site; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, The Sales Whisperer®
reserves the right to monitor use of this site to determine compliance
with these Terms of Use, as well the right to remove or refuse any
information for any reason.  Notwithstanding these rights, you
remain solely responsible for the content of your submissions.
You acknowledge and agree that neither The Sales Whisperer® nor any third party that provides Content to The Sales Whisperer® will assume or have any liability for any action or inaction by The Sales Whisperer® or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be
responsible for the security of your password (if any).  The Sales Whisperer®
will be entitled to monitor your password and, at its discretion,
require you to change it.  If you use a password that The Sales Whisperer® considers insecure, The Sales Whisperer® will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed
for compromising security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited. If you become
involved in any violation of system security, The Sales Whisperer®
reserves the right to release your details to system administrators at
other sites in order to assist them in resolving security
incidents.  The Sales Whisperer® reserves the right to investigate suspected violations of these Terms of Use.

The Sales Whisperer® reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing Company to
disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are
believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of
North Carolina, United States of America, notwithstanding any
principles of conflicts of law.  You specifically consent to
personal jurisdiction in North Carolina in connection with any dispute between you and Company
arising out of these Terms of Use or pertaining to the subject matter
hereof.  The parties to these Terms of Use each agree that the
exclusive venue for any dispute between the parties arising out of
these Terms of Use or pertaining to the subject matter of these Terms
of Use will be in the state and federal courts in Raleigh, North
Carolina.  If any part of these Terms of Use is unlawful, void or
unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of any remaining provisions. These
Terms of Use constitute the entire agreement among the parties relating
to this subject matter.  Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the items to
which they pertain.  Company may revise these Terms of Use at any time by updating this posting.