The following “Terms of Service” (hereinafter referred to as the “TOS” or “Agreement” sets forth the terms and conditions governing your MERRICKDAMON account. Together with our Terms of Use and MERRICKDAMON Privacy Policy, these Terms of Service regard your use of the MERRICKDAMON website, its products, and materials (collectively, the “Site”).
MERRICKDAMON currently provides users with access to sales training resources (training videos, training books, educational software, etc.), various reference and communication tools (newsletters, blogs, articles, etc.), forums, shopping services, and personalized content (collectively referred to as the “Services”). You also understand and agree that the Service may include sponsorships or advertisements. Most of these Services of MERRICKDAMON are provided free of charge. Unless explicitly stated otherwise, any new features that augment the current Service, including the release of new content.
MERRICKDAMON services, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that MERRICKDAMON assumes no responsibility for the timeliness, deletion, delivery problems or failure to store any user communications or personalization settings.
MERRICKDAMON is an online store for sales training materials. You will be charged for any materials that you wish to purchase from us. Prices may vary. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display of delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Registration. The purchase of certain products and services on MERRICKDAMON may require registration for a user account (“User Account”). Should you choose to register, you agree to provide true, complete and accurate registration information (“Registration Information”). You are responsible for updating and maintaining the accuracy of Registration Information. If you provide any Registration Information that is untrue or inaccurate, not current, or incomplete, or if MERRICKDAMON suspects that your Registration Information is untrue, inaccurate, or incomplete, then MERRICKDAMONmay, in its sole discretion, suspend, terminate, or refuse future access to MERRICKDAMON. Registration Information will be subject to the MERRICKDAMONPrivacy Policy (which is incorporated by reference herein). You are responsible for maintaining the secrecy and security of any personal or User Account Information. You are responsible and liable for any conduct on MERRICKDAMON under your User Account. MERRICKDAMON is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify MERRICKDAMON immediately. Only the authorized license user is permitted to use the password protected account within MERRICKDAMON. If anyone loans or discloses their Username and Password or otherwise knowingly or unknowingly allows unauthorized access into the fee-based products, the original site license holder shall be responsible for and will be billed for any and all purchases an unauthorized user makes on MERRICKDAMON.
MERRICKDAMON may provide its members with access to a forum for you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to MERRICKDAMON and other users via chat rooms, message boards or other means (“User Submissions”). User submissions do not reflect the views of MERRICKDAMON (the “Forum Moderators”), neither of which have any obligation whatsoever to monitor, edit, or review any User Submissions on the Website. The Forum Moderators assume no responsibility or liability arising from the content of any User Submissions, nor any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within any User Submission on MERRICKDAMON. You are strictly prohibited from submitting or transmitting to the Forum Moderators any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could be constitute or encourage conduct that would be considered criminal offense, give rise to civil liability, or otherwise violate any law. The Forum Moderators will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or anyone posting any such information or materials. All User Submissions will be treated as non-confidential and non-proprietary. Anything you submit or transmit to MERRICKDAMON or post shall be deemed the property of and may be used by the Forum Moderators for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Forum Moderators are free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any User Submission you submit or transmit to MERRICKDAMON for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any User Submissions to MERRICKDAMON shall constitute an assignment to the Forum Moderators of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such User Submission. The Forum Moderators may edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submission that you submit or transmit to the Forum Moderators and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. The Forum Moderators are and shall continue to be under no obligation to maintain any User Submission in confidence, to compensate you or any other user for any User Submission, or to respond to any of your or any other user’s User Submission.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Site is controlled and operated by MERRICKDAMON, LLC. from its principal office in Fort Lauderdale, Florida and is not intended to subject MERRICKDAMON to the laws or jurisdiction or any state, country, or territory other than that of Florida and of the United States of America. MERRICKDAMON does not represent or warrant that the Site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site at their own risk and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export any Site content to a national or resident of any of the following countries: (i) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, constitutes the entire Agreement between you and MERRICKDAMON relating to your use of the Site; this Agreement supersedes any and all prior or contemporaneous written or oral Agreements between you and MERRICKDAMON regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.
* Offers cannot be used in conjunction with each other unless otherwise stated.
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