The following Terms of Service, which include the Privacy Policy, IP Policy, and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you ("User","you","your") and Sales Moguls d/b/a Salesmoguls.com ("Salesmoguls.com","we","us") (hereinafter collectively referred to as the "Terms of Service").

By visiting or using the services available from the domain and sub-domains of www.Salesmoguls.com (the "Website"), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

OVERVIEW AND DEFINITIONS

Sales Moguls is an online marketplace that enables "Companies" to search for, enter into and manage transactions with Sales Experts. The Website contains features that enable Companies and Sales Experts to do, among other things, the following:

Companies: Create profiles, post deals, search for Sales Experts, communicate with Sales Experts, negotiate with Sales Experts, award deals to, manage deals, leave feedback for Sales Experts, and pay Sales Experts.

Sales Experts: Create profiles, advertise capabilities, submit quotes, negotiate with Companies, obtain deal, invoice, obtain feedback from Companies, and receive payment from companies.

We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the "Services"). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:

"1099 Service" means the service described in Section 7.

"Account" means the account created by the Website upon registration.

"Assumed Payment Liabilities"shall mean that portion of a Sales Expert's total service charges for a Deal which Salesmoguls.com agrees to assume in consideration of the Service Charges.

"Dispute Resolution Service" means the service described in Section 6.

"Company's Acceptance of Services" shall mean: (i) with respect to an Invoice, a transfer of funds by Company to Salesmoguls.com in respect of such Invoice or (ii) with respect to the SafePay Service, the earlier to occur of the following: (a) Company and the Freelancer agree as to the rightful recipient of the funds or (b) Employer and Freelancer have concluded the process comprising the Dispute Resolution Service.

"Sales Moguls Billing and Payment Services" means, collectively, the Sales Moguls Invoice Service and the SafePay Service.

"Sales Moguls Invoice Service" means the service described in Section 5(A).

"SafePay Service" means the service described in Section 5(B).

"Service Charges" means, as applicable, the Deal Fee, Employer Payment Processing Fee, the Freelancer Transfer Method Fee and the Dispute Resolution Service Fee.

"Services" means, collectively, the Sales Moguls Billing and Payment Service, the Dispute Resolution Service and the 1099 Service.

"Website" means the world wide web site operated by Salesmoguls.com at http://www.Salesmoguls.com or any replacement URL.

REGISTRATION

  1. Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Deal Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. salesmoguls.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
  2. Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
  3. Accounts and Profiles.
    General. Once you have registered with the Website as a Registered User, the Website will create your Account with Salesmoguls.com and associate it with an account number. You may create a profile under your Account, in accordance with Section 2(D).
    Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Salesmoguls.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.

RELATIONSHIPS

Employer and Freelancer.

  1. Deal Agreement. The engagement, contracting and management of a Deal are between a Company and a Sales Expert. Upon acceptance of a quote, the Company agrees to purchase, and the Sales Expert agrees to deliver, the services and related deliverables in accordance with the following agreements, (a) Deal Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by Salesmoguls.com (collectively, the "Deal Agreement"). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Deal Agreement in conflict with these Terms of Service is void. Company is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Deal Agreement in a timely manner. Sales Expert is responsible for the performance and quality of the services in accordance with the Deal Agreement in a timely manner. Company and Sales Expert each covenants and agrees to act with good faith and fair dealing in performance of the Deal Agreement.
  2. Independence. Company and Sales Expert each acknowledges and agrees that their relationship is that of independent contractors. The Saes Expert shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Company and Sales Expert or between Salesmoguls.com and any Company and Sales Expert

Registered Users and Salesmoguls.com

  1. General. Salesmoguls.com is not a party to the dealing, contracting and fulfilment of any Deal between a Company and a Sales Expert. Salesmoguls.com has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Deal listings, the qualifications, background, or abilities of Registered Users, the ability of Sales Experts to perform services, the ability of Companies to pay for services, or that a Company or Sales Expert can or will actually complete a Deal. Salesmoguls.com is not responsible for and will not control the manner in which a Sales Expert operates and is not involved in the hiring, firing, discipline or working conditions of the Sales Expert. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Company and a Sales Expert. Salesmoguls.com will not provide any Sales Expert with any materials or tools to complete any Deal. Company and Sales Expert must look solely to the other for enforcement and performance of all the rights and obligations arising from Deal Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
  2. Third-Party Beneficiary of Deal Agreement. Company and Sales Expert each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Deal Agreement. Company and Sales Expert therefore appoint Salesmoguls.com as a third-party beneficiary of their Deal Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Salesmoguls.com by these Terms of Service. Company and Sales Expert further agree that Salesmoguls.com has the right to take such actions with respect to the Deal Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Salesmoguls.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
  3. Agency.These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and salesmoguls.com, except and solely to the extent expressly stated.
  4. Taxes. Registered Users are responsible for payment and reporting of any taxes. Other than in connection with the 1099 Service, Salesmoguls.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by Salesmoguls.com. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event Salesmoguls.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, Salesmoguls.com will deem such receipt a breach of this section and will suspend your Account until Salesmoguls.com received an Internal Revenue Service Release.

4 Sales Moguls FEES

  1. Services Fees. Salesmoguls.com charges a quarterly fees from Companies and Sales Expert.
  2. Dispute Resolution Service Fee. For use of Dispute Resolution Services, irrespective of the nature of resolution and any resulting disbursements, salesmoguls.com charges a Dispute Resolution Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by an Employer to salesmoguls.com for the applicable Deal to which such payment relates.
  3. We reserve the right to change service fees, processing fees or any other fee that may be charged by Salesmoguls.com at any time, at the sole discretion of Salesmoguls.com and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

Sales Moguls PAYMENT SERVICES

  1. SafePay Service. The SafePay Service enables Employers to transfer certain payment responsibilities to salesmoguls.com.
  2. Legal Relationship.
  1. Salesmoguls.com is not your agent with respect to any funds that have been transferred to salesmoguls.com for any Assumed Payment Liabilities.
  2. Each Freelancer must properly discharge and credit Employers for all payments that Salesmoguls.com makes to such Sales Expert in respect of services provided to such companies.
  3. Salesmoguls.com IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH salesmoguls.com ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.

Miscellaneous Payment Terms.

  1. Authorized Payments are Final. Your use of the SalesMoguls Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When an Employer's Acceptance of Services has occurred, (i) salesmoguls.com shall have no further liability to any party with respect to Payment for such services, (ii) Employer acknowledges that salesmoguls.com has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Employer hereby releases salesmoguls.com from any and all liability with respect to such Payment.
  2. Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs. Salesmoguls.com reserves the right to seek reimbursement from you, and you will reimburse Salesmoguls.com, if Salesmoguls.com discovers a fraudulent transaction, erroneous or duplicate transaction, or if Salesmoguls.com receives a charge back or reversal from any company's credit card company, bank, or PayPal for any reason. You agree to and acknowledge Salesmoguls.com's right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Salesmoguls.com in an effort to investigate fraud. You agree that Salesmoguls.com has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
  3. Exclusivity and Non-Circumvention. Companies agree to use the Sales Moguls Payment Services to make all payments to Sales Experts, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Sales Moguls Payment Services or any associated fees. As a Sales Expert, you agree to use Sales Moguls Payment Services to receive all payments from Companies identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Sales Moguls Payment Services or any associated fees.
  4. Notification. As a Company, you agree to notify Salesmoguls.com immediately if your Sales Expert solicits payment from you outside the Website. As a Sales Expert, you agree to notify Salesmoguls.com immediately if your Company seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Sales Moguls Payment Services, please submit a confidential report to salesmoguls.com by phone at 1-888-678-0136 or contact us.
  5. Agreement to Pay. If, for any reason, Salesmoguls.com does not receive payment for any amounts that you have authorized to be paid through your use of the Sales Moguls Payment Services, you agree to pay such amount immediately upon demand by Salesmoguls.com. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by Salesmoguls.com in collecting from you the authorized but unpaid amount. In such case, Salesmoguls.com may, at its option, stop processing any further payments made by you and apply any amounts then held by Salesmoguls.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Sales Moguls Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

DISPUTE SERVICES

(a) You acknowledge and agree that Salesmoguls.com will construe any Deal Agreement based on the transaction's course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Deal Agreement, (ii) the parties' course of dealings, as evidenced by activity on or communications through the Website, (iii) the Deal itself and (iv) any information or communication that the Company and the Sales Expert agree should be considered.(b) Salesmoguls.com shall render its decision within five (5) business days of escalation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Freelancer with which you are engaged in a dispute.(c) You agree that the decision of Salesmoguls.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator's decision.(d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Deal that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Deal in your possession and destroy any electronic copies that you have.

  1. Eligibility. Salesmoguls.com offers the Dispute Resolution Service to those Registered Users that have requested Salesmoguls.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Deal that is (i) pursuant to a Deal posting by an Company through the Website, (ii) pursuant to a negotiation for by a Sales Expert through the Website for such job posting and (iii) pursuant to an acceptance through the Website by the Company for such negotiation. Company and Sales Expert agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.
  2. Process.
    1. Negotiation. In any dispute between Registered Users relating to a Deal that is eligible for Dispute Resolution Service, you agree to negotiate such dispute in good faith. If the result of such negotiation is acceptable to both parties in a dispute, you agree to indicate your approval of such negotiation through the Website and salesmoguls.com will disburse funds in accordance with the results of such negotiation. If you are dissatisfied with the progress, you agree to submit your dispute to binding arbitration as further set forth below.
    2. Arbitration. In any dispute between a Company and a Sales Expert which cannot be resolved through negotiation, you expressly agree to and acknowledge that Salesmoguls.com or a third party chosen by Salesmoguls.com will arbitrate the dispute in accordance with these Terms of Service and the Website.
  3. Communication. You agree and acknowledge that (1) Salesmoguls.com will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and (2) you are solely responsible for the receipt of any notification or communication sent by Salesmoguls.com using the e-mail address corresponding with your Account registered at the time a dispute arises.
  4. Acknowledgements. You agree and acknowledge that (1) Salesmoguls.com is not providing legal services to you, (2) Salesmoguls.com will not advise you regarding any legal matters and (3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Salesmoguls.com for any such counsel. You agree to indemnify and hold harmless Salesmoguls.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request Salesmoguls.com to assume the Assumed Payment Liabilities.

1099 SERVICES

At the request of an Employer, salesmoguls.com shall issue each individual Freelancer whom you have engaged through the Website a summary on Form 1099 reflecting Payments (less fees) paid to each Freelancer. You hereby acknowledge that, although salesmoguls.com may provide the 1099 Service to Employers, the Employer's Deal Agreement to obtain services and make payments is an agreement between an Employers and a Freelancer.

TERM,TERMINATION AND SUSPENSION

  1. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Salesmoguls.com as provided for under the terms of this section.
  2. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Salesmoguls.com shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Salesmoguls.com for any service and to any Sales Expert for any services.
  3. Any termination of an Account will automatically lead to the termination of all related profiles.
  4. . Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Deal, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Salesmoguls.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
  5. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
  6. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Sales Moguls Payment Services or otherwise reduce fees owed Salesmoguls.com under these Terms of Service, you must pay Salesmoguls.com for all fees owed to Salesmoguls.com and reimburse Salesmoguls.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
  7. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website.The material may be deleted along with all your previous posts and proposals.

PRIVACY AND CONFIDENTIALITY.

Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the salesmoguls.com Privacy Policy. It is your responsibility to review the Salesmoguls.com Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Website and may be updated from time to time. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

INTELLECTUAL PROPERTY.

Removal of Content for which Copyright Infringement Is Claimed.

  1. Sales Moguls.com Content. Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the Salesmoguls.com IP Policy. It is your responsibility to review the Salesmoguls.com IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.
  2. Registered User Content.
    1. You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, "Multimedia Content"), (b) any posting or listing made in any public message area, through any email feature or through Salesmoguls.com's feedback feature (collectively, "">Non-Multimedia Content") and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies ("Personal Content"). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
    2. You hereby assign to Salesmoguls.com your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing salesmoguls.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
    3. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
    4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
    5. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website.The material may be deleted along with all your previous posts and proposals.
    1. Pursuant to 17 USC. $512 as amended by Title II of the Digital Millennium Copyright Act, salesmoguls.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and fax it to salesmoguls.com Copyright Infringement Notices at 412-687-4466.
    2. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. $ 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:

    3. (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Freelancer to locate the material. (d) Information reasonably sufficient to permit the Freelancer to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(g) Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
    4. Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided above.

REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS

  1. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
    1. not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service
    2. to be fully responsible and liable for any action of any user who uses your Account.
    3. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
    4. not to allow any third party who is not authorized to do so to use your Account at any time.
    5. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website
    6. not to intercept or expropriate any system, data or personal information from the Website.
    7. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.
    8. that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
    9. that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
    10. that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation salesmoguls.com or any Register User.
    11. that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.

  2. Warranty Disclaimer. THE SERVICES PROVIDED BY Salesmoguls.com OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  3. Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  4. General Release. If you have a dispute with another Registered User, you release Salesmoguls.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
  5. Indemnity. You agree to defend, hold harmless and indemnify Salesmoguls.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by salesmoguls.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Salesmoguls.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the Sales Moguls Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
  6. Links. The Website may contain links to third-party web sites not under the control or operation of Salesmoguls.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
  7. Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Salesmoguls.com's part to store, backup, retain, or grant access to any information or data for any period.

MISCELLANEOUS TERMS AND CONDITIONS

If to salesmoguls.com:

Attention Inder Guglani
5001 Baum Blvd., Suite 760
Pittsburgh, PA 15213

If to Registered User:

To the address associated with Registered User's access or login information.

  1. Compliance with Law.You are responsible for compliance with applicable Indian laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
  2. Modification and Waiver. Salesmoguls.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Salesmoguls.com. No delay or omission by Salesmoguls.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
  3. Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
  4. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Sales Moguls.com, and any attempt to do so will be null and void. Salesmoguls.com may assign these Terms of Service in its sole discretion.
  5. Force Majeure. Except for the payment of fees to Salesmoguls.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
  6. Notice. All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
  7. Headings and Labels. The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
  8. Integration. These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and salesmoguls.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
  9. Survival. Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive any termination of these Terms of Service for any reason.