Terms of Service

Terms of Service

If you are seated in the United States or Canada and have subscribed for Peopleskills.training Services after November 6, 2018, your use of our Service is governed by the Terms below:

General provisions

Kerry O’Hallaron, residing in Tampa, Florida (“we”, “us”,) is the provider of certain online marketing and related services known as the Peopleskills.training Service (the “Service”). Our products, services, and free downloads is a business-to-consumer and business-to business service. We offer products and services to customers who subscribe to our products, services, and free downloads for purposes relating directly to their trade, business or profession. These Terms of Service (the “Terms of Service”) set the rules for the use of our products, services, and free downloads by our customers.

By clicking the button to purchase, download, or subscribe to our products, services, and free downloads the company or individual, organization, or other business entity identified during the registration process (“you” or the “Customer”) thereby accepts and agrees to these Terms of Service and agrees to use our products, services, and free downloads in compliance with the provisions of this document. If an individual is subscribing to the Service, that individual thereby represents and warrants to us that she or he is authorized to do so (and is thereby doing so) on the Customer’s behalf. You should retain a copy of these Terms of Service for your records, as upon clicking the button to subscribe to our products, services, and free downloads, they constitute a legal agreement between you and Us. If you do not agree with any of the provisions of this document, you may not subscribe to or use our products, services, and free downloads. We reserve the right to reject your request, registration or application for subscription to our products, services, and free downloads (“Subscription”) for any or no reason as long as it is not an unlawful reason.

Service

General

Under our products, services, and free downloads we provide you with:

  • The products or services you order,
  • Customer Service as described below,
  • and services. You’ll need to separately order and pay for some add-ons and services.

You may use our products, services, and free downloads for their intended purposes.

Technical Requirements

Our products, services, and free downloads will operate with the latest official version of Internet Explorer, Mozilla Firefox, Google Chrome and Safari web browsers. In order to use our products, services, and free downloads, it is necessary that you have a device that allows you access to the Internet, have an email and a website browser installed with plugins that allow Flash technology and with “cookies” and JavaScript enabled, as well as email. In order for the Webinar feature to work properly, a camera and/or microphone and a headset or loudspeaker must be on and not used by another application. You expressly acknowledge and agree that we are not responsible for satisfying the foregoing requirements, and that the quality of files sent, posted, streamed, published or otherwise transmitted using our products, services, and free downloads may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of our products, services, and free downloads.

Use of our products, services, and free downloads

Upon successful registration and Subscription to our products, services, and free downloads, you agree to:

  1. observe these Terms of Service, our privacy policy, and all other policies developed, published or adopted by us in connection with our products, services, and free downloads (each as amended and in effect from time to time);
  2. use our products, services, and free downloads for purposes directly related to your trade, business or profession;
  3. maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
  4. send or stream through our products, services, and free downloads only such materials that you have full rights to use and publish on the Internet;
  5. conform to all applicable laws, regulations, rules and requirements (“Legal Requirements”) relating to the transmission of emails (including but not limited to, commercial emails), the processing and transmission of personal data, U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including but not limited to the Legal Requirements in force in your country of residence;
  6. keep all login credentials provided to you secret and confidential;
  7. receive commercial and marketing information about our products and services.

If you:

  • offer goods or services to data subjects in the European Economic Area (the “EEA”), irrespective of whether a payment is required, or
  • monitor behaviour of data subjects in the EEA,

you represent and warrant that in using our products, services, and free downloads, in particular in creating lists of Contacts, sending e-mails and collecting personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states. In particular you are obliged to:

  1. clearly inform data subjects about means and purposes of the processing of personal data, including for processing in our products, services, and free downloads;
  2. obtain and maintain express and valid consent of the data subject to transfer their data to Us and to be processed in order to send them electronic communication by Us on your behalf;
  3. agree to indemnify and hold Us harmless from any losses resulting from breach of the above warranties and obligations.

Accepting these Terms of Service you engage Us in processing of the personal data necessary to provide you with our products, services, and free downloads

By subscribing to our products, services, and free downloads, you represent and warrant that:

  1. you are not located in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and
  2. you are not listed on any U.S. government list of prohibited or restricted parties.

Payments

You are obliged to timely pay all applicable Subscription fees for your use of our products, services, and free downloads in accordance with the Plan you have chosen, and these Terms of Service. We offer a variety of different Plans, monthly, one-time, and free.

Access to our products, services, and free downloads is provided to you after we have received the applicable fee, if any.  

You may pay for our products, services, and free downloads using a credit card. You hereby agree to pay fees in the form of a recurring payment, under which the subscription fee is processed automatically based on the Plan, you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (“recurring payment date”). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that our products, services, and free downloads is terminated. In the event that the credit card you provided us expires or any credit card information changes or becomes out of date, in order to procure continuity and avoid Service interruptions, you hereby authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number, and to continue billing on the same terms using the updated or replacement information. We are not responsible for any fees charged by payment services providers.

We will issue an invoice for our products, services, and free downloads within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days, a year has 360 days and two years have 720 days.

All fees are exclusive of taxes. Where appropriate, value added tax (VAT), goods and services tax (GST) or any other tax on sales (irrespective of the designation of the tax adopted in various jurisdictions) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of our products, services, and free downloads. You represent that you are registered for VAT, GST or any other tax on sales purposes in your country. At our request, you will provide us with the VAT, GST or any other tax on sales registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

Please note that some taxes depend on the region, province, state, town or district where you are located. You need to provide us with your correct address at all times, as we do not bear any responsibility resulting from wrong calculation of taxes due to inaccurate or wrong indication of address by you.

Prohibited practices, content and industries

You are not allowed to use our products, services, and free downloads, or use, post or transmit any Content (defined below) to or within our products, services, and free downloads in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international law, good industry practice, these Terms of Service, our Privacy Policy, our Anti-Spam Policy or any copyright or other right of a third party.

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of our products, services, and free downloads, or to surreptitiously intercept any system, data or personal information from our products, services, and free downloads or any Website. You further agree not to take any action that imposes unreasonable or disproportionately large load on our products, services, and free downloads, any Website, or any network or other Service infrastructure.

We do not pre-screen or control Customer’s activity related to the use of our products, services, and free downloads. In the aforementioned situations, without in any way limiting the disclaimer and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others, and we ask our Customers to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of Customers who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on our products, services, and free downloads;
  4. your address, telephone number, and email address;
  5. 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; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: kerry@peopleskills.training

Customer Service

We provide Customer Service via Email. When requesting customer service or submitting a complaint, you should provide at least your Account name – we do not reply or take any action based on “anonymous” support requests. Most customer service enquiries are responded to within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.

Refund Policy

Our refund policy is posted with each product we sell and may vary by product.  If we fail to post a refund policy, the policy shall be deemed to be full refund within 30 days of written request, upon return of physical goods if applicable.

Privacy

Our data protection practices are set forth separately..

Service accessibility

We do not guarantee any minimum response times or delivery times in connection with performance of our products, services, and free downloads. We may, at our sole discretion and without liability, change or modify the features of our products, services, and free downloads or modify or replace any provided equipment, or software used to deliver our products, services, and free downloads, provided that this does not have a material adverse effect on our products, services, and free downloads. We may perform scheduled or emergency maintenance (including temporary suspension of our products, services, and free downloads if necessary) to maintain or modify our products, services, and free downloads without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with our products, services, and free downloads or any of the Websites, at any time without prior notice.

Disclaimer of Warranties. Limitation of Liability

You acknowledge and agree that we provide our products, services, and free downloads and Websites on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose.

Every online business is unique, employing its own strategic approaches, and offering different products and services. For these reasons, individual results of each of our Customers will be different. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY, BASED UPON NUMEROUS FACTORS UNIQUE TO YOUR BUSINESS. THIS INCLUDES BUT IS NOT LIMITED TO PRODUCTS AND SERVICES YOU OFFER, YOUR BUSINESS MODEL, AND MARKETING STRATEGY.

We do not promise, guarantee, or warrant your business’ success, income, or sales volume. You understand and acknowledge that we will not at any time provide sales leads or referrals to you or your business. Customers who purchase our Service will receive access to software and tools to run online marketing campaigns, create online sales funnels, and otherwise aid their Internet marketing strategy. However, we do not promise or warrant your business’ success, and depending on a variety of market factors beyond our control, the software, tools and features we provide may or may not be suitable to your specific business. Also, we do not make income claims, return on investment claims, or claims that our software, tools and features will help you earn any specific amount of money, and it is possible that you will not earn your investment back. You should not buy our Service if that is your expectation. We also do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, financial advisor or other professionals for advice on these matters.

You are solely responsible for your use of our products, services, and free downloads, any of the Websites and any and all Content, Webinars and email campaigns that you develop, operate or send using our platform. It is your duty and responsibility (and not ours) to back up all your files and data stored on our servers and under no circumstances will we be liable for any loss or damages due to loss of such files and/or data stored on our servers.

Without limiting the foregoing, we are not responsible or liable to you for any:

  1. actions or omissions of any third party, including but not limited to Collaborators or Participants, and other third parties using your Account with login credentials, passwords or details obtained from you or in other circumstances beyond our reasonable control;
  2. failure of external conditions, networks or telecommunications devices or equipment necessary to use our products, services, and free downloads that are provided by third parties or otherwise beyond our reasonable control;
  3. problems of any kind with features used within test versions, including but not limited to beta-test versions;
  4. insufficient or fluctuations of the bandwidth used by Customer, Collaborator or Participant which may affect Content quality.

To the maximum extent permitted by law, you agree that in connection with these Terms of Service, our products, services, and free downloads and/or use thereof: (i) we, our employees, directors, officers or representatives shall not be liable for any indirect, incidental, punitive, special or consequential damage or loss (even if advised of the possibility of such damage), however caused and irrespective of the nature of the cause of action, demand or claim and (ii) our entire liability to you for any and all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, judgements, and awards arising under or in connection therewith (each a “Claim”), in the aggregate, regardless of the form and cause of action, shall not in any event exceed the equivalent of amount payable for our products, services, and free downloads for one settlement period (settlement period shall mean, respectively, monthly period or 30 days) paid by the Customer in the settlement period immediately preceding the date when the event causing the Claim occurred, with the exclusion of any amounts representing setup fees, List Extension Fees, paid add-ons fees, or any other extra charges. The Customer hereby releases us, its employees, directors, officers and representatives from any and all Claims in excess of the aforementioned limitation.

Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of our products, services, and free downloads, and whose activity is independent of the parties hereto.

You agree to indemnify and hold us, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from (i) any failure by you or any individual using your login credentials to comply with your obligations under these Terms of Service, (ii) violation of any law, or of the rights of any third party by you, your Collaborator, or any of your landing page visitors or Participants, (iii) your use of any third party service or integration of our products, services, and free downloads with any third party service, or (iv) any Collaborator’s or Participant’s Content or activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.

Final Provisions

Our Privacy Policy is  hereby incorporated into and constitute an integral part of these Terms of Service. You and we are each intended to be independent contractors, and not employees, partners or joint ventures of one another, and neither shall have any authority to bind or incur any obligation or liability on the other’s behalf. If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. We reserve the right to change any of the provision of these Terms of Service as well as any supporting documents at any time by posting the revised document on Website and/or by sending an email to the last email address you have given to us. These Terms of Service and supporting documents shall be effective immediately upon posting on Website with respect to any continued or new use of our products, services, and free downloads, unless you terminate these Terms of Service within 10 (ten) days of such posting. Your continued use of our products, services, and free downloads after 10 (ten) days following the posting a revised version of the Terms of Service or any supporting or related documents constitutes your acceptance of such revised Terms of Service and/or supporting or related documents.. We may assign rights and obligations arising from this agreement to any company controlled by or under common Control with us without your prior consent. “Control” for purposes of these Terms of Service means direct or indirect ownership or control of more than 50% of the share capital or voting interests of the subject entity. You may not assign any rights or obligations arising hereunder agreement to a third party without our prior written consent. These Terms of Service shall be interpreted and construed according to, and governed by, the laws of the State of Florida, without regard to its conflict of laws provisions. You expressly consent to the personal jurisdiction of the state and federal courts located in Boston, Massachusetts for any action or proceeding arising from or relating to these Terms of Service and waive any objection to venue in said courts.

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