PLEASE READ THIS SUBSCRIPTION WEBSITE LICENSE AGREEMENT CAREFULLY BEFORE USING THE TOTAL SELLING CONCEPT ONLINE WEBSITE.
BY ENTERING THIS PASSWORD SECURED WEBSITE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT LOG INTO THE WEBSITE.
Single User License Grant: Robert Noell & Associates ("RN&A") and its representatives grant to Customer ("Customer") a nonexclusive and nontransferable license to use the www.robertnoell.com automotive sales training website ("Website") solely at a single location.
If your dealership holds a valid subscription, secure portions of www.robertnoell.com or www.totalsellingconcept.com can be accessed by any currently employed employee of your dealership, this extends to home/personal computers of said employees. However, if an unauthorized website login occurs outside the dealership (ie: another dealership, etc...), it may result in the cancellation of ALL dealership access rights.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, WEBSITE OR ITS CONTENTS AND DOCUMENTATION; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE WEBSITE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE WEBSITE OR ITS CONTENTS.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs and/or pages, constitute trade secrets and/or copyrighted material of RN&A. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of RN&A. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Website, its contents and documentation shall remain solely with RN&A.
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL RN&A, OR ITS REPRESENTATIVES, BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE EVEN IF RN&A OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By accepting this agreement, the Customer recognizes that the Website (and the information therein) is for training purposes only. Customer agrees to hold harmless any liability that may arise from the use or misuse of said training materials. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
This License is effective until terminated. Customer may terminate this License at any time by notifying Robert Noell & Associates of its intent to cancel. At which time, all access right to the Website will be terminated at the end of the last paid subscription cycle. This License will terminate immediately without notice from RN&A if Customer fails to comply with any provision of this License. Upon termination, Customer must return all copies of Software.
This License shall be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Website.