SOCIAL DYNAMIC SELLING – TERMS OF SERVICE
Last Updated on May 3, 2018
WELCOME TO SOCIALDYNAMICSELLING.COM. THIS WEBSITE IS OWNED AND OPERATED BY THE SOCIAL DYNAMIC SELLING SYSTEM. BY VISITING OUR WEBSITE AND ACCESSING THE INFORMATION, RESOURCES, SERVICES, PRODUCTS, AND TOOLS WE PROVIDE, YOU UNDERSTAND AND AGREE TO ACCEPT AND ADHERE TO THE FOLLOWING TERMS AND CONDITIONS AS STATED IN THIS POLICY (HEREAFTER REFERRED TO AS ‘USER AGREEMENT’).
THIS AGREEMENT IS IN EFFECT AS OF mAY 3, 2018
WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THIS SITE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT AND MATERIALS AVAILABLE ON THIS SITE ARE PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS, TRADE SECRETS, OR OTHER PROPRIETARY RIGHTS AND LAWS. EXCEPT AS EXPRESSLY AUTHORIZED BY SOCIALDYNAMICSELLING.COM, YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT, OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT.
AS NOTED ABOVE, REPRODUCTION, COPYING, OR REDISTRIBUTION FOR COMMERCIAL PURPOSES OF ANY MATERIALS OR DESIGN ELEMENTS ON THIS SITE IS STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF SOCIALDYNAMICSELLING.COM. FOR INFORMATION ON REQUESTING SUCH PERMISSION, PLEASE CONTACT US AT [email protected]
END USER LICENSE AGREEMENT
YOUR USE OF SOCIAL DYNAMIC SELLING REQUIRES YOU TO ACCEPT THE TERMS OF THE SOCIALDYNAMICSELLING.COM END USER LICENSE AGREEMENT.
CONTENT SUBMITTED TO SOCIALDYNAMICSELLING.COM
YOU GRANT TO SOCIALDYNAMICSELLING.COM A NON-EXCLUSIVE, ROYALTY-FREE, WORLDWIDE, PERPETUAL LICENSE, WITH THE RIGHT TO SUB-LICENSE, TO REPRODUCE, DISTRIBUTE, TRANSMIT, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY AND PUBLICLY PERFORM ANY COMMENTS AND OTHER INFORMATION (INCLUDING, WITHOUT LIMITATION, IDEAS CONTAINED THEREIN FOR NEW OR IMPROVED PRODUCTS AND SERVICES) YOU SUBMIT TO ANY PUBLIC AREAS OF SOCIALDYNAMICSELLING.COM’s SITE(S) (SUCH AS BULLETIN BOARDS, FORUMS AND NEWSGROUPS) OR BY E-MAIL TO SOCIALDYNAMICSELLING.COM BY ALL MEANS AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. YOU ALSO GRANT TO SOCIALDYNAMICSELLING.COM THE RIGHT TO USE YOUR NAME IN CONNECTION WITH THE SUBMITTED COMMENTS AND OTHER INFORMATION AS WELL AS IN CONNECTION WITH ALL ADVERTISING, MARKETING AND PROMOTIONAL MATERIAL RELATED THERETO. YOU AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST SOCIALDYNAMICSELLING.COM FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT IN YOUR COMMUNICATIONS TO SOCIALDYNAMICSELLING.COM.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SOCIALDYNAMICSELLING.COM AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
CERTAIN CONTENT DEALING WITH PORNOGRAPHY, ILLEGAL ACTIVITIES OF ANY KIND, OCCULT, HATE, AND RACISM MAY NOT BE PROMOTED THROUGH The social dynamic selling BUSINESS. SOCIALDYNAMICSELLING.COM RESERVES THE RIGHTS TO MAKE THE FINAL DECISION AS TO WHAT IS APPROPRIATE. VIOLATORS MAY BE TERMINATED WITHOUT NOTICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SOCIALDYNAMICSELLING.COM OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SOCIALDYNAMICSELLING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOCIALDYNAMICSELLING.COM ‘S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
UPON A REQUEST BY SOCIALDYNAMICSELLING.COM , YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD SOCIALDYNAMICSELLING.COM AND ITS OTHER AFFILIATED COMPANIES HARMLESS, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM YOUR MISUSE OF THIS SITE.
RESPONSIBLE USE AND CONDUCT
BY VISITING OUR WEBSITE AND ACCESSING THE INFORMATION, RESOURCES, SERVICES, PRODUCTS, AND TOOLS WE PROVIDE FOR YOU, EITHER DIRECTLY OR INDIRECTLY (HEREAFTER REFERRED TO AS ‘RESOURCES’), YOU AGREE TO USE THESE RESOURCES ONLY FOR THE PURPOSES INTENDED AS PERMITTED BY (A) THE TERMS OF THIS USER AGREEMENT, AND (B) APPLICABLE LAWS, REGULATIONS AND GENERALLY ACCEPTED ONLINE PRACTICES OR GUIDELINES.
WHEREIN, YOU UNDERSTAND THAT:
A. IN ORDER TO ACCESS OUR RESOURCES, YOU MAY BE REQUIRED TO PROVIDE CERTAIN INFORMATION ABOUT YOURSELF (SUCH AS IDENTIFICATION, CONTACT DETAILS, ETC.) AS PART OF THE REGISTRATION PROCESS, OR AS PART OF YOUR ABILITY TO USE THE RESOURCES. YOU AGREE THAT ANY INFORMATION YOU PROVIDE WILL ALWAYS BE ACCURATE, CORRECT, AND UP TO DATE.
B. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY LOGIN INFORMATION ASSOCIATED WITH ANY ACCOUNT YOU USE TO ACCESS OUR RESOURCES. ACCORDINGLY, YOU ARE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT/S.
C. ACCESSING (OR ATTEMPTING TO ACCESS) ANY OF OUR RESOURCES BY ANY MEANS OTHER THAN THROUGH THE MEANS WE PROVIDE, IS STRICTLY PROHIBITED. YOU SPECIFICALLY AGREE NOT TO ACCESS (OR ATTEMPT TO ACCESS) ANY OF OUR RESOURCES THROUGH ANY AUTOMATED, UNETHICAL OR UNCONVENTIONAL MEANS.
D. ENGAGING IN ANY ACTIVITY THAT DISRUPTS OR INTERFERES WITH OUR RESOURCES, INCLUDING THE SERVERS AND/OR NETWORKS TO WHICH OUR RESOURCES ARE LOCATED OR CONNECTED, IS STRICTLY PROHIBITED.
E. ATTEMPTING TO COPY, DUPLICATE, REPRODUCE, SELL, TRADE, OR RESELL OUR RESOURCES IS STRICTLY PROHIBITED.
F. YOU ARE SOLELY RESPONSIBLE ANY CONSEQUENCES, LOSSES, OR DAMAGES THAT WE MAY DIRECTLY OR INDIRECTLY INCUR OR SUFFER DUE TO ANY UNAUTHORIZED ACTIVITIES CONDUCTED BY YOU, AS EXPLAINED ABOVE, AND MAY INCUR CRIMINAL OR CIVIL LIABILITY.
G. WE MAY PROVIDE VARIOUS OPEN COMMUNICATION TOOLS ON OUR WEBSITE, SUCH AS BLOG COMMENTS, BLOG POSTS, PUBLIC CHAT, FORUMS, MESSAGE BOARDS, NEWSGROUPS, PRODUCT RATINGS AND REVIEWS, VARIOUS SOCIAL MEDIA SERVICES, ETC. YOU UNDERSTAND THAT GENERALLY WE DO NOT PRE-SCREEN OR MONITOR THE CONTENT POSTED BY USERS OF THESE VARIOUS COMMUNICATION TOOLS, WHICH MEANS THAT IF YOU CHOOSE TO USE THESE TOOLS TO SUBMIT ANY TYPE OF CONTENT TO OUR WEBSITE, THEN IT IS YOUR PERSONAL RESPONSIBILITY TO USE THESE TOOLS IN A RESPONSIBLE AND ETHICAL MANNER. BY POSTING INFORMATION OR OTHERWISE USING ANY OPEN COMMUNICATION TOOLS AS MENTIONED, YOU AGREE THAT YOU WILL NOT UPLOAD, POST, SHARE, OR OTHERWISE DISTRIBUTE ANY CONTENT THAT:
I. IS ILLEGAL, THREATENING, DEFAMATORY, ABUSIVE, HARASSING, DEGRADING, INTIMIDATING, FRAUDULENT, DECEPTIVE, INVASIVE, RACIST, OR CONTAINS ANY TYPE OF SUGGESTIVE, INAPPROPRIATE, OR EXPLICIT LANGUAGE; II. INFRINGES ON ANY TRADEMARK, PATENT, TRADE SECRET, COPYRIGHT, OR OTHER PROPRIETARY RIGHT OF ANY PARTY; III. CONTAINS ANY TYPE OF UNAUTHORIZED OR UNSOLICITED ADVERTISING; IIII. IMPERSONATES ANY PERSON OR ENTITY, INCLUDING ANY SOCIALDYNAMICSELLING.COM EMPLOYEES OR REPRESENTATIVES.
WE HAVE THE RIGHT AT OUR SOLE DISCRETION TO REMOVE ANY CONTENT THAT, WE FEEL IN OUR JUDGMENT DOES NOT COMPLY WITH THIS USER AGREEMENT, ALONG WITH ANY CONTENT THAT WE FEEL IS OTHERWISE OFFENSIVE, HARMFUL, OBJECTIONABLE, INACCURATE, OR VIOLATES ANY 3RD PARTY COPYRIGHTS OR TRADEMARKS. WE ARE NOT RESPONSIBLE FOR ANY DELAY OR FAILURE IN REMOVING SUCH CONTENT. IF YOU POST CONTENT THAT WE CHOOSE TO REMOVE, YOU HEREBY CONSENT TO SUCH REMOVAL, AND CONSENT TO WAIVE ANY CLAIM AGAINST US.
H. WE DO NOT ASSUME ANY LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY OTHER 3RD PARTY USERS OF OUR WEBSITE. HOWEVER, ANY CONTENT POSTED BY YOU USING ANY OPEN COMMUNICATION TOOLS ON OUR WEBSITE, PROVIDED THAT IT DOESN’T VIOLATE OR INFRINGE ON ANY 3RD PARTY COPYRIGHTS OR TRADEMARKS, BECOMES THE PROPERTY OF The Social Dynamic Selling System, AND AS SUCH, GIVES US A PERPETUAL, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE, EXCLUSIVE LICENSE TO REPRODUCE, MODIFY, ADAPT, TRANSLATE, PUBLISH, PUBLICLY DISPLAY AND/OR DISTRIBUTE AS WE SEE FIT. THIS ONLY REFERS AND APPLIES TO CONTENT POSTED VIA OPEN COMMUNICATION TOOLS AS DESCRIBED, AND DOES NOT REFER TO INFORMATION THAT IS PROVIDED AS PART OF THE REGISTRATION PROCESS, NECESSARY IN ORDER TO USE OUR RESOURCES.
I. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS the social dynamic selling system AND ITS PARENT COMPANY AND AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS, AND LICENSORS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS USER AGREEMENT OR THE FAILURE TO FULFILL ANY OBLIGATIONS RELATING TO YOUR ACCOUNT INCURRED BY YOU OR ANY OTHER PERSON USING YOUR ACCOUNT. WE RESERVE THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS USER AGREEMENT. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US.
The following is a binding agreement between you (“enrollee”) and The Social Dynamic Selling System upon enrollment in any of our online courses. By enrolling in a course, you indicate consent with this agreement. You also acknowledge and accept the terms of this agreement for any and all other online courses you may enroll in and/or attend in the future.
The Social Dynamic Selling System shall provide to you access to the online course, including all downloadable course materials, resources and course media through our Members Only area on our website.
(1) Enrollee will pay the full tuition an indicated in the Payment Due paragraph;
(2) The Social Dynamic Selling System Materials are the sole and exclusive property of The Social Dynamic Selling System, and Enrollee will use The Social Dynamic Selling System Materials for the sole purpose of taking and passing the course;
(3) Enrollee shall not copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of The Social Dynamic Selling System Materials, except for personal backup and access use;
(4) Enrollee will keep The Social Dynamic Selling System Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal The Social Dynamic Selling System Materials or their contents, to any other person or entity;
(5) Enrollee will not disrupt, disturb, or otherwise unduly interfere with the conduct of any Social Dynamic Selling System online course, as determined by The Social Dynamic Selling System.
In the event that Enrollee breaches any of Enrollee’s agreements and warranties as set forth in clauses 1 through 5 herein, Enrollee agrees that, in addition to and without limitation of any other right or remedy to which The Social Dynamic Selling System is entitled, The Social Dynamic Selling System may terminate Enrollee’s further participation in The Social Dynamic Selling System Online Course and may revoke Enrollee’s right to use the Transform materials without refund.
Should you need to cancel or transfer your enrollment, our refund agreement reflects the fact that we incur most of the expenses of your course before you even begin the course.
All cancellation must be submitted to The Social Dynamic Selling System in writing via written letter or fax. While voicemail will not be an accepted method of cancellation, enrollees may call and speak to a The Social Dynamic Selling System representative for consultation. Cancellation will be considered official from the date written confirmation is received by The Social Dynamic Selling System.
In addition, all cancellations must be submitted with a Certificate of Destruction certifying that you have destroyed any and all digital copies of The Social Dynamic Selling System intellectual property associated with this course. Enrollee may download the Digital Certificate of Destruction form here, 24 hours a day, seven days a week.
All physical product bonuses given to you at the time of enrollment must be returned in resellable condition to receive credit for those items. If any of the items are damaged or worn such that they cannot be resold, the cost of those items will be deducted from any refund given.
Our program Cancellation Agreement is as follows:
Minimum payment is due immediately upon enrollment. No enrollment will be held without payment. The balance of your payment is due based upon a calculated rate determined by you at checkout. Enrollee may enjoy continued access to the online course, provided the enrollee’s account is in good standing with up-to-date payments.
If the enrollee should default on any payment, the enrollee will have ten (10) days to rectify the situation. If the situation is not rectified in the time given, access to the course will be suspended until payments have been rectified. If the enrollee should be 30 days or more in default, any all special discounts and bonuses will be forfeited and full tuition applies and refund will not be possible.
If the enrollee should default on any installment payment or be in Accounts Receivables for more than 60 days, the result may be cancellation of the enrollment and the Cancellation Agreement will apply. The Social Dynamic Selling System reserved the right to send any delinquent account to collection.
An NSF returned check or declined credit card charge will carry a fee of $50.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Eden Prairie, Minnesota, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Minnesota, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
Jurisdiction And Venue
This Agreement shall be construed under the laws of the State of Minnesota, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
You agree that these courses are provided as-is and without warrantee for educational purposes only. You also agree to hold harmless and indemnify The Social Dynamic Selling System, it’s agents and Rylee Meek against any and all claims and actions arising out of the use of these courses, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from your participation in the courses.
SEVERABILITY AND INTEGRATION
IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THESE OUR TERMS OF SERVICE AS OUTLINED ABOVE, YOU CAN CONTACT US AT: [email protected]