TERM OF USE
The following “Terms of Service” (hereinafter referred to as the “TOS” or “Agreement”) sets forth the terms and conditions governing your RefinedVA account provided by RefinedVA. Together with our Terms of Use and RefinedVA Privacy Policy, these Terms of Service regard your use of the RefinedVA website, its products, and materials (collectively, the “Site”). RefinedVA 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 RefinedVA are provided free of charge. Unless explicitly stated otherwise, any new features that augment the current service, including the release of new content, RefinedVA services shall be subject to the TOS. You understand and agree that the service is provided “AS-IS” and that RefinedVA assumes no responsibility for the timeliness, deletion, delivery problems, or failure to store any user communications or personalization settings. RefinedVA 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 and delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the service.
Changes to Terms
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions, or deletions will be effective immediately upon posting. Your use of the websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.
Registration
You may be given the opportunity to register via an online registration form or by participating in interactive areas (as defined below), such as forums and other community features, to create a user account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features on the websites. We will use the information you provide in accordance with the privacy policy. By registering, you represent and warrant that all information that you provide is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the websites so that it remains current, complete, and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed for access to and use of the websites and all charges related to the same. The purchase of certain products and services on RefinedVA 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 RefinedVA suspects that your Registration Information is untrue, inaccurate, or incomplete, then RefinedVA may, in its sole discretion, suspend, terminate, or refuse future access to RefinedVA. Registration information will be subject to the RefinedVA Privacy 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 RefinedVA under your user account. RefinedVA 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 RefinedVA immediately. Only the authorized license user is permitted to use the password-protected account within RefinedVA. If anyone loans or discloses their username and password or otherwise knowingly or unknowingly allows unauthorized access to 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 RefinedVA.
User Content Guidelines
The following terms apply to content submitted by you. The websites may contain comment sections, discussion forums, or other interactive features (“interactive areas”) in which you may post or upload user-generated content, such as comments, videos, photos, messages, or other materials or items (collectively, “user content"). You are solely responsible for your use of any interactive areas, and you use them at your own risk. Interactive areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older, and if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.
By attending any Event, you hereby irrevocably grant to RefinedVA, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image, and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future RefinedVA events and/or other events produced by RefinedVA or any of RefinedVA's affiliates and hereby release RefinedVA and each of the respective designees, successors, assigns, licensees, and affiliates from any liability with respect thereto.
By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any user content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights, or any other harm resulting from such a submission. Any person determined by RefinedVA, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites; (j) does not generally pertain to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail," “spam," “chain letters," “pyramid schemes," or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent.
You agree not to upload, post, or otherwise transmit any user content, software, or other materials that contain a virus or other harmful or disruptive component. You agree not to use any technology, service, or automated system to post more user content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies, or automated systems on your behalf. Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the website will not be permitted. We reserve the right, in our sole discretion, to remove or edit user content submitted by you. We are not responsible for the accuracy or credibility of any user content, and we do not take any responsibility or assume any liability for any actions you may take as a result of reading user content posted on the websites. Through your use of interactive areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using interactive areas, you assume all associated risks. We have the right, but not the obligation, to monitor user content posted or uploaded to the website to determine compliance with these terms and any other operating rules we may establish. We have the right, but not the obligation, to remove any user content that violates these terms or is otherwise objectionable. We also have the right to terminate or restrict your access to any interactive areas at any time, for any reason. RefinedVA does not warrant or guarantee that user content will be available or accessible on the website. If you are aware of any misuse of the website by any person, please contact us.
Rights in User Content
By uploading or posting User Content to the Websites, you grant RefinedVA a perpetual, irrevocable, non-exclusive, royalty-free worldwide license to use, copy, modify, adapt, distribute, publish, and publicly display such User Content, including in connection with the provision of the Websites and their functionality and services, in any manner that we may determine in our sole discretion, and to sublicense such rights through multiple tiers of sublicenses. By submitting User Content, you also grant RefinedVA a license to use your name and/or likeness in connection with the use of the User Content. No compensation will be paid with respect to our use of your user content. You acknowledge that you are responsible for any user content you submit and the consequences of posting or publishing it.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REFINEDVA OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES, EVEN IF REFINEDVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REFINEDVA'S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITES EXCEED THE AMOUNT PAID BY YOU TO REFINEDVA (IF ANY) FOR THE PARTICULAR SERVICE AT ISSUE.
Indemnification
You agree to indemnify, defend, and hold harmless RefinedVA, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising out of or in connection with any User Content you submit, post, or transmit through the Websites, your use of the Websites, or any violation of these Terms.
Governing Law
These Terms and any action related thereto will be governed by the laws of the States of North Carolina and California, without regard to their conflict of law principles. Any legal proceeding arising out of or related to these Terms or the Websites shall be brought exclusively in the federal or state courts located in North Carolina or California, and you consent to the jurisdiction of such courts.
Miscellaneous
Entire Agreement: These Terms, together with our Terms of Use and Privacy Policy, constitute the entire agreement between you and RefinedVA with respect to the Websites and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and RefinedVA with respect to the Websites.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver: The failure of RefinedVA to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Contact Information
If you have any questions or comments about these Terms or the Websites, please contact us at:
RefinedVA
North Carolina, California
United States of America