RAINMAKERVT currently provides users with access to marketing and sales training resources, (training modules, training videos, training games, training graphics, training simulations, educational documents, client development aptitude tests, etc), including various reference and communications tools, (newsletters, blogs etc.), forums, shopping services, and personalized content (collectively referred to as the "Services"). Most of these Services of RAINMAKERVT are provided for a fee. You also understand and agree that the Service may include sponsorships or advertisements. Unless explicitly stated otherwise, any new features that augment the current Service, including the release of new RAINMAKERVT services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that RAINMAKERVT assumes no responsibility for the timeliness, deletion, delivery problems or failure to store any user communications or personalization settings.
RAINMAKERVT is a subscription service for online marketing and sales training resources. You will be billed for an initial inventory package of a specific number courses, as described in your purchase confirmation email. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
ACCOUNT FEES & REGISTRATION
You are responsible for maintaining the secrecy and security of any personal or User Account information. You are responsible and liable for any conduct on RAINMAKERVT under your User Account. RAINMAKERVT is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify RAINMAKERVT immediately.
Only the authorized licensed user is permitted to use the password protected training content within RAINMAKERVT. If anyone loans or discloses their User Name and Password or otherwise knowingly or unknowingly allows unauthorized access into the fee-based content, the original site license holder shall be responsible for and will be billed for each training course accessed by the unauthorized user.
Your firm agrees to pay in advance for a negotiated number of courses, which become your firm's inventory to register to authorized users.
A course is defined as one title from our catalog, accessible to a single user without limit for a period of five days from the date you register the user for that title. Each course registration reduces your course inventory balance by one. As a courtesy, RainmakerVT will alert you when your course inventory falls below an agreed level, but you are under no obligation to purchase additional courses.
Courses in inventory, i.e., not yet registered to an individual user for a five-day period, expire one year after the purchase date.
Once we receive your email reply accepting our Terms of Service as published here, we will establish a secure private location for your firm on our server and populate it with your the number of courses you purchased. Your authorized representative(s) register users for individual courses according to Purchases above.
Once your account is established, you will designate an administrator, who will have authority to register users for training courses according to Purchases, above. RainmakerVT will arrange telephone training for the administer, and will be available by telephone during normal business hours to answer the administrator's questions about training system usage.
Administrative Course Access
RainmakerVT will establish complimentary course access for the firm's trainers or others who guide users through training selection. The purpose is to enable those persons to access and familiarize themselves with the training catalog without reducing the firm's purchased inventory of courses.
The account will remain active until one of these two conditions is met:
- one year from date of acceptance of this agreement or,
- the firm's inventory reaches a zero balance as a result of having registered users for all purchased courses, and the five-day access period for each of those courses having expired.
At such time, all user access will be deactivated.
RAINMAKERVT may provide its members with access to a forum for you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to RAINMAKERVT and other users via chat rooms, message boards or other means ("User Submissions"). User Submissions do not reflect the views of RAINMAKERVT ( the "Forum Moderators"), neither of which have any obligation whatsoever to monitor, edit, or review any User Submissions on the Website. The Forum Moderators assume no responsibility or liability arising from the content of any User Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within any User Submission on RAINMAKERVT. You are strictly prohibited from submitting or transmitting to the Forum Moderators any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Forum Moderators will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
All User Submissions will be treated as non-confidential and non-proprietary. Anything you submit or transmit to RAINMAKERVT or post shall be deemed the property of and may be used by the Forum Moderators for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, the Forum Moderators are free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any User Submission you submit or transmit to RAINMAKERVT for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any User Submissions to RAINMAKERVT shall constitute an assignment to the Forum Moderators of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such User Submission. The Forum Moderators may edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submission that you submit or transmit to the Forum Moderators and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. The Forum Moderators are and shall continue to be under no obligation to maintain any User Submissions in confidence, to compensate you or any other user for any User Submission, or to respond to any of your or any other user's User Submissions.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Nevada without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Nevada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The Site is controlled and operated by RAINMAKERVT from its principal office in Las Vegas, Nevada and is not intended to subject RAINMAKERVT to the laws or jurisdiction of any state, country, or territory other than that of Nevada and of the United States of America. RAINMAKERVT does not represent or warrant that the Site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export any Site content to a national or resident of any of the following countries: (i) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, constitutes the entire Agreement between you and RAINMAKERVT relating to your use of the Site; this Agreement supercedes any and all prior or contemporaneous written or oral Agreements between you and RAINMAKERVT regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.