Terms of Service
BY USING THIS SITE, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS TERMS OF SERVICE ("TOS").
NewSalesParadigm refers to NewSalesParadigm.com, Morgen Facilitations, Inc., BuyingFacilitation.com, DecisionConnection.com, PublishingChoices.com and SharonDrewMorgen.com
All material is copyrighted by Sharon Drew Morgen and Morgen Facilitations, Inc. We pursue anyone who misuses our content to the full extent of the law.
NewSalesParadigm grants you a limited license to access and use the Site subject to the terms and conditions of this TOS. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content).
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without NewSalesParadigm's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a NewSalesParadigm name, trademark, URL, or product name without NewSalesParadigm's express written consent.
MODIFICATION TO THE TERMS OF SERVICENewSalesParadigm may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the site or any of its products. NewSalesParadigm will provide no notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using NewSalesParadigm and any of its products.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWSALESPARADIGM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) NEWSALESPARADIGM IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THIS SITE OR OTHER INTERACTION WITH THIS SITE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THIS SITE. NEWSALESPARADIGM DOES NOT WARRANT THAT (i) THIS SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, (v) THIS SITE, AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN THIS SITE WILL BE CORRECTED.
(c) ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS OR OTHER TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEWSALESPARADIGM SHALL NOT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEWSALESPARADIGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SITE.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
MODIFICATIONS TO THIS SITE
NewSalesParadigm reserves the right at any time and from time to time to change, modify, suspend or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice at any time. You agree that NewSalesParadigm shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.
The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by NewSalesParadigm to effect such termination.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not NewSalesParadigm, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via this Site. NewSalesParadigm does not guarantee the accuracy, integrity or quality of such Content. The user posting any Content represents that such user has all rights necessary to post such Content without violation of any intellectual property or other rights or any laws or regulations.
You understand that by using this Site you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NewSalesParadigm be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via this Site.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in NewSalesParadigm's sole discretion as to what action should be taken.
You agree that you will not:
(a) use this Site for fraudulent purposes;
(b) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(c) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner the material, products or information on NewSalesParadigm, including, without limitation, on or through the use of any third party web site or service;
(d) cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of NewSalesParadigm;
(e) attempt to decompile, reverse engineer, disassemble, modify or hack this Site or the Software, or to defeat or overcome any encryption and/or digital rights management technology implemented by NewSalesParadigm.com with respect to this Site, the Software and/or data transmitted, processed or stored by NewSalesParadigm, this Site or the Software;
(f) use this Site for any commercial purpose or for the benefit of any third party or in any manner not permitted by this TOS.
You acknowledge that NewSalesParadigm and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via this Site. Without limiting the foregoing, NewSalesParadigm and its designees shall have the right to remove any Content that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NewSalesParadigm or submitted to NewSalesParadigm.
You acknowledge and agree that NewSalesParadigm may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS or any additional Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NewSalesParadigm, its users and the public.
If any user is reported to be in violation with the letter or spirit of this TOS or any Terms of Service, NewSalesParadigm retains the right to terminate such account at any time without further warning.
All materials transmitted or published by NewSalesParadigm on this Site (including, but not limited to text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, etc.) (collectively, the "Materials") are owned or controlled by NewSalesParadigm, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.
Any copying, downloading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this TOS is strictly prohibited. Making modifications to the Materials (unless such modifications are allowed through the Site) or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
All trademarks, service marks and trade names on this Site are the trademarks or registered trademarks of their respective parties.
NewSalesParadigm reserves all rights not expressly granted herein. NewSalesParadigm may modify this Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and NewSalesParadigm. The failure of NewSalesParadigm at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to NewSalesParadigm or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any state or federal court sitting in Austin, Texas and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.