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Conditions of Use

Welcome to SellingPower.com. Personal Selling Power, Inc. and its affiliates provide their services to you subject to the following conditions. If you visit or do business with SellingPower.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future SellingPower.com service or visit or purchase from any business affiliated with SellingPower.com, whether or not included in the SellingPower.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to SellingPower.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit SellingPower.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Personal Selling Power, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Personal Selling Power, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Personal Selling Power, Inc. or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Selling Power and other Selling Power graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Perosnal Selling Power, Inc. or its affiliates in the U.S. and/or other countries. Personal Selling Power, Inc’s trademarks and trade dress may not be used in connection with any product or service that is not Personal Selling Power, Inc’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Personal Selling Power, Inc. In addition, Personal Selling Power, Inc.’s trademarks and trade dress may not be used under any circumstances without express written permission from Personal Selling Power, Inc. All other trademarks not owned by Personal Selling Power, Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Personal Selling Power, Inc. or its affiliates.

LICENSE AND SITE ACCESS

Personal Selling Power, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Personal Selling Power, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Personal Selling Power, Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Personal Selling Power, Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Selling Power’s name or trademarks without the express written consent of Personal Selling Power, Inc.. Any unauthorized use terminates the permission or license granted by Personal Selling Power, Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SellingPower.com so long as the link does not portray Personal Selling Power, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Selling Power logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use SellingPower.com only with involvement of a parent or guardian. Personal Selling Power, Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit communications, suggestions, ideas, comments, questions, or other content. If you do submit content, and unless we indicate otherwise, you grant Personal Selling Power, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Personal Selling Power, Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you submit will not cause injury to any person or entity; and that you will indemnify and hold harmless Personal Selling Power, Inc. and its affiliates for all claims resulting from content you submit.

COPYRIGHT COMPLAINTS

Personal Selling Power, Inc. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All items purchased from Personal Selling Power, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Personal Selling Power, Inc. and its affiliates attempt to be as accurate as possible. However, Personal Selling Pwer, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

OTHER BUSINESSES

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Personal Selling Power, Inc. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY PERSONAL SELLING POWER, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. PERSONAL SELLING POWER, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PERSONAL SELLING POWER, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERSONAL SELLING POWER, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Personal Selling Power, Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERSONAL SELLING POWER, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting SellingPower.com, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Personal Selling Power, Inc. or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to SellingPower.com or to products you purchase through SellingPower.com, not otherwise resolved, shall be submitted to confidential arbitration in Fredericksburg, Virginia, except that, to the extent you have in any manner violated or threatened to violate Selling Power’s intellectual property rights, Personal Selling Power, Inc. may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to SellingPower.com. We reserve the right to make changes to our site, policies and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Personal Selling Power, Inc.
P.O. Box 5467
Fredericksburg, VA 22403-0467
http://www.SellingPower.com

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Selling Power’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Personal Selling Power, Inc. and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Selling Power’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
Personal Selling Power, Inc. Legal Department
P.O. Box 5467
Fredericksburg, VA 22403-0467.
phone: (540) 752-7000
fax: (540) 752-7001
e-mail: copyright@SellingPower.com

Courier address:
Copyright Agent
Personal Selling Power, Inc. Legal Department
1140 International Parkway
Fredericksburg, VA 22406-1126
USA
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