By using this site or any content on this site, you enter into a binding contract between The Sales Management Association, Inc. (“SMA”) and you, in which you undertake certain obligations in exchange for your use of products and services. Your access to and use of the SMA’s Web sites and all products and services of The Sales Management Association, Inc., regardless of media, is subject to the terms, conditions and disclaimers set forth below (and from time to time throughout this Web site), and to all applicable laws and regulations. Your failure to abide by any such disclaimers, terms or conditions may result in the termination of your access to the products and services. In addition, The Sales Management Association, Inc. reserves the right to terminate access to the Web site for any reason, and to take any other actions that The Sales Management Association, Inc., in its sole discretion, believes to be in the interest of the company and of its Members as a whole. The Sales Management Association, Inc. reserves the right to modify these disclaimers, terms and conditions of access, without advance notice, and will post any updates to this Agreement under the Terms of Service link available on the footer of all program Web sites.
Access to many pages on The Sales Management Association, Inc.’s Web sites is limited to The Sales Management Association, Inc.’s Members, who are issued usernames and passwords. If you are a Member and have not received or have misplaced your username or password, please click the “Lost Passowrd?” link on the right-hand side of our site for a secure link to the Member site. The Sales Management Association, Inc.’s password-protected Web pages have been prepared by The Sales Management Association, Inc. for the exclusive use of its Members. They contain valuable proprietary information belonging to The Sales Management Association, Inc. and third parties, and each Member should make these pages available only to those employees who require such access and who undertake not to disclose them to third parties. In the event that you have signed in to a password-protected page and you are unwilling to assume this confidentiality obligation, or if you are not the authorized employee of a Member, you must sign out, return all copies of these protected Web pages in your possession promptly to The Sales Management Association, Inc., and contact The Sales Management Association, Inc.’s Member Services Department with any questions. Please note that, to protect our intellectual property, The Sales Management Association, Inc. reserves the right to limit the number of content downloads a user may make in a given day. If this number of downloads is exceeded in a given day, the user’s ability to download content will be “locked” until permissions are re-granted by The Sales Management Association staff.
By your acceptance of this agreement and use of this Web site, and as a material condition of such use, you warrant that you are over the age of eighteen, that you are the authorized Member (for access to the Members-only portion of the Web sites), that you have provided accurate and complete information in any communication with The Sales Management Association, Inc. including your login and user profile, and that you agree not use downloaded The Sales Management Association content as a replacement, in whole or in part, for your Membership/subscription after the term of that Membership/subscription has expired.
The Sales Management Association’s logo, and all other text and images contained on the Web sites and in The Sales Management Association, Inc.’s products are protected by United States trademark and copyright law and other applicable law and are the property of The Sales Management Association, Inc., except as otherwise identified. All copyrights and trademarks not the property of The Sales Management Association, Inc. that are used or referred to in the Web sites and The Sales Management Association, Inc.’s products are the property of their respective owners. Nothing contained in the sites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of The Sales Management Association, Inc. or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.
The Sales Management Association, Inc.’s products, including materials on the sites, may not be modified, reproduced or displayed for any commercial or public purpose without specific written permission from The Sales Management Association, Inc., and all reproduction and displays of The Sales Management Association’s material shall contain appropriate trademark and/or copyright notices.
Additional Online Networking Rules
The Sales Management Association offers Members-only discussion board and online networking services (referred to here as the ‘Service’) on its password-protected pages. Members shall not use the Service for any purpose that is unlawful or contrary to applicable rules and regulations, including SMA’s terms of service. Members shall not use the Service to: publish, post or otherwise disseminate any misleading or untruthful information or any spam; upload software files; solicit employment or source applicants; or for any similar purpose. Members who are aware of any communication on the Service that appears to be unlawful or improper are requested to send an e-mail notification with the subject line ‘online compliance’ email@example.com.
The Sales Management Association, Inc. reserves the right to monitor the Service and to modify or remove any information that The Sales Management Association, Inc., in its sole discretion, considers to be inappropriate or unlawful. The Sales Management Association, Inc. reserves the right to monitor email messages, postings or other communications, including any attachments transmitted via our Web site or Network, to ensure compliance with these terms of service. The exercise of such rights shall not create an obligation for The Sales Management Association, Inc. to monitor or screen the Service.
The Sales Management Association, Inc. may, from time to time, monitor and/or identify certain topics from the Service as topics for research and the creation of new products for Members.
By submitting Content to the Service, you grant (or warrant that the owner and, if one exists, exclusive licensee of the Content has expressly granted) to The Sales Management Association, Inc. a non-exclusive, worldwide, paid-up and royalty-free license to use, reproduce in whole or in part, modify and create derivative works from the Content, in any media.
Limitation of Use and Liability
The Sales Management Association, Inc. has worked to ensure the accuracy of the information it provides through its products and services, including through the salesmanagement.org Web site and the salesmanagementmatters.com Web site. This information relies on data obtained from many sources, however, and The Sales Management Association, Inc. cannot guarantee the accuracy of the information provided or any analysis based thereon. Further, NEITHER THE SALES MANAGEMENT ASSOCIATION, INC. NOR ANY OF ITS PROGRAMS ARE IN THE BUSINESS OF GIVING LEGAL, CLINICAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE, AND THE INFORMATION IN THE PRODUCTS OR SERVICES INCLUDING THE WEB SITES SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE ON ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. In particular, and not by way of limitation, users of the products and services including the Web sites should not rely on any legal commentary therein as a basis for action, or assume that any tactics described herein would be permitted by applicable law. Before undertaking implementation of any of the tactics discussed therein, users are advised to seek professional counsel on the issues raised by these tactics by consulting with: (1) appropriate legal counsel (on, for example, antitrust, human resources, and tax exemption issues); (2) senior executives and implementation consultants; and (3) other appropriate professionals (on, for example, accounting issues). Neither The Sales Management Association, Inc. nor any of its programs shall be liable for any claims or losses that may arise from (a) any errors or omissions in their work product, whether caused by The Sales Management Association, Inc. or any of its programs or sources, or (b) reliance on any graded ranking or recommendation by The Sales Management Association, Inc..
The products and services of The Sales Management Association, Inc., including the Web sites, are provided AS IS and The Sales Management Association, Inc. makes NO REPRESENTATION OR WARRANTY OF ANY KIND with respect to them, including all pages accessible from the salesmanagement.org homepage, or any sites or pages accessible through links from the site or the sites of individual The Sales Management Association programs. You understand that the Web sites will not operate error-free or without interruption and The Sales Management Association, Inc. makes no warranty that the Web sites will be accessible or available for any percentage of time or at all. You are solely responsible for the security, confidentiality and consequences of use of all information you receive, transmit or store via the Web sites. With respect to your use of the products and services including the Web sites, THE SALES MANAGEMENT ASSOCIATION, INC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY.
Usage of Tools and Materials
The Sales Management Association, Inc.’s tools and materials are for Member internal business purposes only. Members are strictly prohibited from selling, transferring, assigning, reverse engineering, enabling access via the Internet or otherwise distributing all or any portions of any report, tool, or other deliverable produced by The Sales Management Association, Inc. to entities outside of the Member organization. This prohibition includes, but is not limited to affiliates that are not wholly owned subsidiaries and contractors. Member acknowledges and agrees that SMA exercises no control over Member or any approved entity, authorized user, or staff in their specific use of the tool or materials. Member assumes all responsibility for use of the tool or other materials by any authorized user. SMA hereby disclaims all liability and damage arising from such activities by Member or any approved entity, authorized user, or staff Member. SMA also disclaims all warranties, either express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose for all of its tools and materials.
Failure by either Party at any time to enforce any provision of this Agreement against the other shall not be construed as a waiver of such entitlement and shall not affect the validity of this Agreement or any part or parts hereof or the right of the relevant Party to enforce any provision in accordance with its terms.
Special Agreement on Fee-Shifting and Choice of Law
If you attempt to bring any legal action against The Sales Management Association, Inc. or any of its Members based in any way on its products or services, including the Web sites, you agree that, in the event you do not prevail or The Sales Management Association, Inc. does prevail, you will reimburse The Sales Management Association, Inc. and its Members for any costs and attorney’s fees associated with their defense of the action.
Any executed agreement by and between The Sales Management Association, Inc. and your Company (such as a letter of agreement, master service agreement, nondisclosure agreement, or statement of work document) shall take precedence over any conflicting provisions contained in this agreement.