TERMS

Welcome to The Profitable Salesman, an online program for Sales people who want to grow their sales. This program is available through The Profitable Salesman Center (“Center”) and contains proprietary content developed and curated by us (collectively “The Profitable Salesman Content”). The Center is owned and operated by JW Coaching Concepts LLC (“The Profitable Salesman”, “We” “us” or “our”).Please read these Terms of Use (“Terms”) carefully because they govern your use of this Center and access to The Profitable Salesman Content and related services. If you have any questions, please contact us at [email protected].

Agreement to Terms

By accessing, or using our Services, you agree to be bound by these Terms. We may update these Terms and our Services at any time, in our sole discretion. If we do so, we will post a notice on the site. It’s important that you review the Terms whenever we modify them because continuing to use the Services indicates to us that you agree to be bound by the modified Terms.

Membership Terms

The Profitable Salesman Training Center allows you to access certain premium features or content in exchange for a recurring fee, as applicable (the “Member Services”). Your transactions and any other use of the Member Services are subject to these Terms of Service (“Membership Terms of Service”). By using a Member Service, you agree to (1) these Membership Terms of Service; and (2) The Profitable Salesman’s Terms of Service, and all other terms and conditions that generally apply to The Profitable Salesman website (all of these together are the “Terms”).

Please read the Terms carefully. If you don’t understand them, or don’t accept any part of them, then you’re not allowed to use the Member Services.Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against The Profitable Salesman when there are reasonable delays in the access of the Service.

The Profitable Salesman reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Fees.

Subscription fees for the Member Services are recurring payments (except where identified as otherwise). The term may be monthly, quarterly, or annual as described in the course of the transaction. Your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly, quarterly, or annually as applicable upon the payment of automatically recurring subscription fees. Monthly, quarterly, or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)

Payment.

The Profitable Salesman accepts payment via the current payment method indicated at time of purchase, which may include credit card, and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether withThe Profitable Salesman Training Center , Stripe, PayPal or another third party, that governs your use of a given payment processing method. Prices for Member Services may change at any time, and The Profitable Salesman does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order (except during a free trial period). The Profitable Salesman will charge your credit card or other form of payment for the price listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that The Profitable Salesman will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you within 10 days, The Profitable Salesman reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within 10 days, The Profitable Salesman may cancel your subscription.

Cancellations and Refunds.

You can cancel your Member Services at any time. If you purchase a subscription to Member Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by The Profitable Salesman. You will retain access to the Member Services from the time you cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period.
Subscription fees paid are final and nonrefundable, unless otherwise determined by The Profitable Salesman. If The Profitable Salesman reasonably determines that a user has violated these Membership Terms of Services, The Profitable Salesman may immediately terminate the subscription and the user’s access to Member Services without notice and without refund.
To cancel your The Profitable Salesman Training Center membership, please send an email to [email protected].

Lifetime Membership.

No refunds are available for purchases of Lifetime Memberships. Your lifetime membership may not be transferred to any third party. If you have purchased a lifetime membership to the Website, you will be granted access to the course content, however we reserve the right, at our sole discretion, to cancel your access to the Community (Facebook and Member Calls) if you do not abide by our membership guidelines. Lifetime Membership is for the lifetime of the Service. If for any reason, The Profitable Salesman and/or the The Profitable Salesman community should dissolve or cease to exist, then your access to the Service terminates.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms and is available at Privacy Statement.

Intellectual Property

License, Copyright & User Communication

As a Member of the Training Center, you are hereby granted a non-exclusive, non-transferable, revocable license to use the center and the Content only for professional development use. This Center and its Contents are not available to you to exploit for commercial purposes. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. You may print and download portions of the material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download.

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Center is protected by all applicable copyrights, trademarks, service marks, patents or other proprietary right laws.

You are responsible for your own communications on and through the Site and Services and are responsible for the consequences of your postings.

We want you to engage with us, however, we ask that you do not do any of the following:

1. Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it

2. Post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others

3. Post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity;

4. Post a sexually-explicit image; post advertisements or solicitations of business;

5. Or post chain letters or pyramid schemes; or impersonate another person.

Please note that the Site does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

We reserve the right, but not the obligation, to monitor or screen communications transmitted on or through the Site and Services. If we observe or are notified by a user of communications, which allegedly does not conform to this agreement, we reserve the right to take appropriate action, which may result in any or no action. We reserve the right to determine whether to remove or request the removal of the communication, at our sole discretion.

No Guarantees

You agree, acknowledge, and accept that the information contained on and through the Site, and any Trainers do not purport to guarantee any particular result but instead is a professional resource to support you in your sales efforts.

Third-Party Resources

The Site may contain links to or advertisements of third-party websites (that are not affiliated with us) or resources, such as the books we’re currently reading. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless The Profitable Salesman, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that content that originates from you caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Termination

We may terminate your access to and use of the Center and account, at our sole discretion. Upon any termination, discontinuation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER THE PROFITABLE SALESMAN NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the Services or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not The Profitable Salesman has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.In no event will The Profitable Salesman’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services or content EXCEED the AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION.

Dispute Resolution

We prefer to resolve things amicably when possible, therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to [email protected].

1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;

2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by JAMS, to resolve the dispute.

3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Colorado. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us by posting a notice on the Site.

Our decision not to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Profitable Salesman. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact

InformationIf you have any questions regarding these Terms, please email us at
[email protected]

DISCLAIMER

Please read this entire disclaimer notice before using this website, making a purchase on this site, or relying on the content published within it or within any of our products.

For privacy information regarding this website please visit this page.
If you make a purchase from The Profitable Salesman we will assume that you have read and understand this disclaimer notice.

Earnings Disclaimer

The income statements, testimonials, and examples on this website are exceptional results, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Every effort has been made to accurately represent our products and services and their possible potential. Any claims made of actual earnings or examples of actual results can be verified upon request.

Each individual’s success depends on his or her desire, dedication, marketing background, market place, product, service, effort and motivation to work and follow programs and advice. There is no guarantee you will duplicate any of the results stated here. You recognize any business endeavor has inherent risk for loss of capital.

In fact, as with any product or service, we know that some customers purchase our products or services but never use them, and therefore get no results from their purchase whatsoever. Therefore, the customer stories we are sharing can neither represent nor guarantee the current or future experience of other past, current or future The Profitable Salesman customers.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else; in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Federal Trade Commission Required Affiliate Notice

From time to time, we will promote, endorse, or suggest products and/or services for sale. These recommendations are always based on a belief that the product and it’s author will provide excellent and valuable information or service based on a review of that product, our relationship with that person, and or previous positive experience with the person or company whose product we are recommending. In some cases, we will be compensated if you decide to purchase that product based on our recommendation. We may also receive the product for free for review purposes. Always do your own due-diligence before making any purchases and never purchase anything that you cannot afford.

Affiliate Disclaimer

From time to time, I will promote, endorse, or suggest products and/or services for sale that are not my own. My recommendation is ALWAYS based on my personal belief that the product and its author will provide excellent and valuable information or service. This may be based on my personal or professional relationship with that person or company, and/or a previous positive experience with the person or company whose product I am recommending. In most cases, I will be compensated via a commission if you decide to purchase that product based on my recommendation. Also, in most cases, I have used that product to my personal satisfaction in my own business.

Limitation Of Liability

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from us, or a guest speaker or author on our website or at one of our events.

We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers or authors in connection with the display of their photo, name, or biography posted on our websites or in our marketing materials.

Warranty Information

The information, services, products, claims, seminar topics, and materials on this site are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events.

The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our websites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the websites will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.

Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Link Information

We try to only link to other reputable websites that do not engage in improper business practices, and when you are on our website you may have the opportunity to visit, or “click-through”, to other websites, blogs, or other electronic media not operated by The Profitable Salesman. These sites may collect personal information about you or be a security risk. The Profitable Salesman does not control websites that are operated by these entities and is not responsible for the practices of the other websites. The privacy practices and policies of any linked websites are the sole responsibility of the other websites. We recommend that you review the privacy policy of any website that you visit from a link on this site.

Disclaimer Notice Changes

The Profitable Salesman reserves the right to change or update this disclaimer notice, or any other of our policies or practices, at any time without notice. Any changes or updates will be effective immediately upon posting to this website. Under certain circumstances, we may also elect to notify you of changes or updates to our disclaimer notice by additional means, such as posting a notice on the front page of our website to sending you an e-mail. We encourage you to review this disclaimer notice often for changes.

If you have any questions or comments regarding our disclaimer notice, you may contact us at:

The Profitable Salesman – Jason Webb

[email protected]