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Terms of Use

WWW.SANDLER.COM WEBSITE TERMS OF USE

Last Updated:August 29, 2018

 

1-INTRODUCTION 

This website www.sandler.com (the "Website") is operated by Sandler Systems, Inc. ("Sandler"), a Maryland corporation with its principal place of business at 300 Red Brook Boulevard, Suite 400, Owings Mills, Maryland, 21117, U.S.A. Throughout these terms, the terms "we", "us" and "our" refer to Sandler and "you" and "your" mean a user of the website and its subdomains.

  These terms ("Website Terms of Use"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, set out the terms and conditions on which we agree to make available and you agree to access and use the Website and the information, content and materials on the Website. These terms apply to all users of the Website, so please read them carefully before accessing or using our Website. 

 

2-ACCEPTANCE 

2.1 By accessing or using any part of the Website, you agree to be bound by these Website Terms of Use and you agree to the processing of your personal data in accordance with our Privacy Policy.

2.2 If you do not agree with the Website Terms of Use, you must discontinue your use of the Website immediately. A breach or violation of any of these terms will result in an immediate termination of your right to use the Website.

2.3 By agreeing to these Website Terms of Use, you represent that you are at least aged sixteen (16) years or older, or that your parent or guardian has read and accepted these Website Terms of Use on your behalf.

2. 4 Your use of certain resources made available through this Website or the conduct of certain transactions may be subject to additional terms and conditions, which will be made available to you prior to using such resources or completing such transactions.

 

3 - MODIFICATIONS TO THE WEBSITE, PRODUCTS AND SERVICES

3.1 We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities. We reserve the right at any time to discontinue the Website (or any part or content thereof) without notice.

3.2 We reserve the right to limit the quantities of any products or services that we offer and we reserve the right to modify or discontinue any product or service at any time.

3.3 Prices for and descriptions of our products and services on the Website are subject to change at any time without notice at our sole discretion.

3.4 We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuance of the Website or any products or services or the prices thereof.

 

4-LINKS AND THIRD PARTIES

4.1 Certain content, products and services available via our Website may include materials from third-parties. These links are provided for your convenience only and do not signify that we endorse such third party websites.

4.2 We are not responsible for examining or evaluating the content or accuracy of third party content and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

4.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. If you access any such websites, you do so entirely at its own risk.

4.4 You may not frame, link or deep-link the Website to any other website without our prior written consent. Should you wish to frame or set up a link or deep link to our Website please contact legal@sandler.com.

4.5 LinkedIn is a registered service mark of LinkedIn, Ltd.  The services and products of Sandler are not affiliated with or sponsored by LinkedIn, Ltd.

 

5-INTELLECTUAL PROPERTY

5.1 The intellectual property rights in the Website and in all material stored, displayed and accessible on the Website is either owned us or duly licensed to us by third parties. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. This content includes, but is not limited to all text, graphics, information, audio, video, materials, overall design, and general look and feel of the Website. Elements of the Website are protected by trade dress, trademark, unfair competition and other laws.

5.2 You may download, print or otherwise reproduce the textual information included in this Website solely for your own personal use in learning about, evaluating or acquiring our services or products. Any rights not expressly granted herein are reserved.

5.3 Any copying, distribution, retransmission, or modification of information, audio, video or materials on this site, including modification of copyright, trademark, or other proprietary notices, whether such material or information is in electronic or hard copy form, without our express prior written permission, is strictly and expressly prohibited.

5.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or any content received through communications on the Website, without express written permission by us.

 

6-PROHIBTED USES

6.1 In addition to other prohibitions as set forth in the Website Terms of Use, you are prohibited from using the Website or its content:

  • for any fraudulent or unlawful purpose;
  • to solicit others to perform or participate in any fraudulent or unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others or remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to knowingly upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet;
  • to interfere with or disrupt the operation of the Website or access to it;
  • to restrict or inhibit the ability of any other person to access or use the Website;
  • modify, adapt or translate any portion of the Website; or
  • to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation.
  • 6.2 You may not use any products or content available through the Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

    6.3 We reserve the right to refuse access to or terminate your use of the Website or any related website or accounts at any time for any violations of this Section 9, these Website Terms of Use or for any other reason at any time.

     

    7-DISCLAIMER OF WARRANTIES

    7.1 The Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.

    7.2 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

    7.3 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date or any warranties of merchantability, fitness for a particular purpose or arising from a course of dealing, usage, or trade practice.

    7.4 You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

    7.5 You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.

     

    8-LIMITATION OF LIABILITY

    8.1 Nothing in these Website Terms of Use is intended to exclude or limit our liability for any liability that cannot be excluded or limited by law.

    8.2 Subject to Section 11.1, Sandler, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors shall in no case be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or inability to use any of the Website, or for any other claim related in any way to your use of the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

     

    9-INDEMNIFICATION

    9.1 You agree to indemnify, defend and hold harmless Sandler and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Website Terms of Use or the terms and conditions and policies they incorporate by reference, or your violation of any law or the rights of a third-party.

     

    10-SEVERABILITY

    10.1 In the event that any provision of these Website Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Website Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

     

    11-TERMINATION

    11.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    11.2 These Website Terms of Use are effective unless and until terminated by either you or us. You may terminate these Website Terms of Use when you cease using our site.

    11.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Website Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

     

    12-TRADEMARKS

    12.1 S Sandler Training Finding Power In Reinforcement (with design), S Sandler Training (with design), Sandler Training, Sandler, Sandler Online, S Sandler Online (with design), S Sandler Online Finding Power In Reinforcement (with design), Sandler Selling System, SandlerBrief, Negative Reverse Selling, Sandler Pain Funnel, the Sandler Submarine (words and design), the  Pain Funnel (words and design), Finding Power In Reinforcement, SalesAccountability, No Guts, No Gain!, Sandler’s Professional Advantage, Pro Summit, Sandlerworks!, Sandler Training Certification (with design), Sandler Sales Bronze Certified Certified (with design), Sandler Sales Silver Certified Certified (with design), Sandler Sales Gold Certified Certified (with design), Sandler Sales Master Certified Certified (with design), and How to Succeed are registered service marks of Sandler Systems, Inc.  Sandler Instructor Certified (with design), Tactics for Sales Professionals, and Tactics for Sales Management Professionals are all registered trademarks of Sandler and its affiliates. You are not permitted to use these marks without our approval.

     

    13-GENERAL

    13.1 These Website Terms of Use and any additional terms and conditions and policies referenced herein constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

    13.2 Any ambiguities in the interpretation of these Website Terms of Use shall not be construed against the drafting party.

    13.3 These Website Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A., and the parties submit to the exclusive jurisdiction of the State of Maryland.

    13.4 We reserve the right, at our sole discretion, to update, change or replace any part of these Website Terms of Use by posting updates and changes to our Website at any time. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Website Terms of Use constitutes acceptance of those changes. The date at the top of this webpage indicates when these Website Terms of Use were last updated.

    13.5 The failure of us to exercise or enforce any right or provision of these Website Terms of Use shall not constitute a waiver of such right or provision.

    13.6 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Website Terms of Use.

     

    CONTACT INFORMATION

    Questions about the Website Terms of Use should be sent to us at legal@sandler.com.