Terms of Services

Please read, and check box at bottom of page if you agree

1. Introduction

Welcome to PT Sales Systems. When you visit, view, use, or access our website. https://ptsalessystems.com/, any applicable subdomains thereof, and any applications, mobile applications, functionalities, content, materials, or other online services, including but not limited to discussion boards, provided by us (collectively, our “Services”), whether as a guest or a registered user, you are agreeing to the following terms and conditions, so please take a few minutes to read over the following Terms of Use.

These Terms of Use, including our Privacy Policy which is incorporated by reference (collectively, the “Terms”), are a legally binding agreement between you and Pinnacle Fitness Corporation, a Massachusetts corporation d/b/a/ PT Sales Systems (“PT Sales Systems”, “we”, “our”, and “us”). For purposes of these Terms, “you” includes, individually and collectively, any individual you (the user or the user’s entity or organization) permit to visit, view, use, or access our Services.

You acknowledge and agree that by (i) visiting, viewing, using, or accessing our Services, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or confirming a Sales Order or other agreement incorporating these Terms, that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of our Services.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE OUR SERVICES. PT SALES SYSTEMS’S ALLOWANCE OF YOUR USE AND ACCESS TO OUR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.

We may, at our sole discretion, modify these Terms at any time. By accessing the Services at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified on: June 23, 2022.

2. Who May Use Our Services?

You must create an account to access most of our Services. You may use our Services only if you can form a binding contract with PT Sales Systems, and only in compliance with these Terms and all applicable laws. If we discover that you have created an account that violates these rules, we may terminate your account

a. Account Terms

The following terms apply to your use of our Services and any account that you may open or attempt to open via the Services:

1. You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use our Services.
2. You must be a human to use our Services. Accounts registered by “bots” or other automated methods are not permitted.
3. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. PT Sales Systems will not be liable for any loss or damage from your failure to comply with this security obligation.

It is a condition of your use of the Services that all information you provide to us is correct, current, and complete.

b. Account Sharing

You may not share your account with anyone, and you may not use anyone else’s account at any time without our express prior written consent. In cases where you have nevertheless authorized or registered another person to use your account, or where you have acted negligently in safeguarding your account as set forth above, you agree that you are fully responsible for: (i) the acts and omissions of such person accessing the Services via your account, (ii) controlling the person’s access to and use of the Services, and (iii) the consequences of any use or misuse by such person. This means you need to be careful with your password.

3. Fees; Lifetime Access; Refund Policy

a. Fees

We reserve the right to charge for our Services and/or change the price of our Services at any time. If you purchase any of our paid Services, you agree to pay the fees and taxes applicable to your purchase at the time of your purchase. You hereby authorize the collection of such amounts either directly by PT Sales Systems or indirectly via a third-party payment processor. Failure to pay these fees may result in the termination of the applicable Service(s).

If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third-party’s service and that third-party’s personal information collection practices.

Please note that we are not liable for any bank fees, foreign exchange fees, or differences in prices based on geographic location. PT Sales Systems and/or its third-party payment processor may store your payment method to charge you for other paid Services you may buy.

 

a.     Lifetime Access, 30 Day Refund Policy, 90 Day Conditional Coaching Policy

 

We offer lifetime access to our Services for a one-time fee. Accordingly, we also offer a 30 Day option to cancel and receive a 100% no questions asked refund for this one-time payment. We also offer a 90 Day option to receive FREE 1on1 private Coaching from PTSalesSystems, if after completing the course, and executing exactly as taught, and you’ve sat with at least 12 prospects, and if you haven’t closed 85% of them you will receive FREE 1on1 private Coaching from PTSalesSystems until you do reach 85% Closing ratio. This is subject to proof of the 12 consults you conducted, via spread sheet, and a telephone call with a rep from PTSalesSystems to review documentation. Please contact us via email at info@ptsalessystems.com with the reason you would like to cancel and receive a refund within 30days, or within 90days if you haven’t closed 85% of prospects, contact us for your FREE 1on1 Coaching.

 

4. Content; Licenses

a. Our Content; License

Our Services, including without limitation this website, contain text, articles, images, videos, graphics, software, music, audio, information, or other materials (“Content”) created by PT Sales Systems or our licensors. We and our licensors retain all right, title, and interest in and to such Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, PT Sales Systems grants you a revocable, limited, non-exclusive, non-transferable license, to access and view our Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any of our Content or Services without our prior written permission, regardless of whether it is created or owned by PT Sales Systems or a licensor to PT Sales Systems.

b. Your Content

When you post Content using our Services, you authorize us to use and share this Content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

In legal language, by submitting or posting content on or through the platforms, you grant PT Sales Systems a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Content (including your name and image) in all media or distribution methods (existing now or later developed). This includes making your Content available to other companies, organizations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

c. Trademarks

The trademarks, logos, trade names, and service marks, whether registered or unregistered (“Trademarks”) displayed on our Services are Trademarks of PT Sales Systems and/or its third-party licensors. Display or use of any Trademarks displayed in connection with our Services shall not be construed as granting you, by implication or otherwise, any license or right to use any Trademark without the prior written permission of PT Sales System or such third-party. You also agree not to use our trade dress and/or copy the look and feel or design of our Services.

5. Links to Third-Party Sites

Our Services may direct you to third-party websites that are not owned or maintained by PT Sales Systems. We are not responsible for your use of such third-party websites, and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such link to a third-party website does not imply any endorsement or other relationship between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Terms.

6. Code of Conduct

You understand and agree that you are solely responsible for compliance with all applicable laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you agree that you will not:

• Share your account with anyone else. Our Services are provided on a one-license-per-user basis. Please contact us if you wish to license our Services for multiple individuals, including without limitation multiple employees of the same company.
• Violate any local, state, provincial, national, or other law or regulation, or any order of a court.
• Run any bots, spiders, scrapers, web crawlers, indexing agents, or other software to aggregate or browse our Services, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the Website or Services.
• Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Website or Services or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data, or personal information.
• Use the Services to transmit, distribute, post, or submit any confidential information concerning any other person or entity.
• Stalk or harass, interfere with, or disrupt the access of any user of the Services, or collect or store any personally identifiable information about any other user without explicit consent from the user.
• Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.
• Post false information, including, without limitation, in respect of a job, company, or your own credentials as a job applicant.
• Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another party.
• Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Services, or which may affect our reputation in any way.
• In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as PT Sales Systems); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

7. Privacy Policy

We may collect information you provide to us when, for example, you visit our website or create an account to access our Services. We do this for the purpose of improving the quality and security of our Services. For more information about the data we collect and the purposes for which we collect this data, please see our Privacy Policy.

8. Copyright Infringement/DMCA Notices

We respect the intellectual property rights of others and take copyright infringement seriously. If you believe that your copyright has been infringed on the Website or otherwise in our Services, please notify us via mail or email with a message which contains:

• Your name and contact information, including your address, telephone number, and an email address;
• The name of the party whose copyright has been allegedly infringed, if different from your name;
• The name and description of the original work that is allegedly being infringed;
• The location of the alleged infringing copy (such as the URL);
• A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner (or by a third-party who is legally entitled to authorize its use on behalf of the copyright owner) and is not otherwise permitted by law; and
• A statement that you swear, under penalty of perjury, that the information contained in the notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it us at:

info@ptsalessystems.com

We review all infringement claims, determine their merit, and act accordingly.

9. Miscellaneous Legal Terms

a. Binding Agreement; Entire Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with PT Sales Systems. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an individual accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us. The inclusion of your purchase order number on any sales order, invoice, or other document provided by us is for reference purposes only and is not an acceptance by PT Sales Systems of your terms or conditions contained therein or elsewhere. The terms on any such purchase order or similar document submitted by you to PT Sales Systems will have no effect and are hereby rejected.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

b. Disclaimers

The disclaimers in this section apply to the maximum extent allowed under applicable law.

You are solely responsible for your use of our Services. PT Sales Systems is not responsible for the activities, omissions, or other conduct, whether online or offline, of any user’s or visitor’s use of our Services. You are solely responsible for ensuring that your use of the Services complies with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.

Our Services and Content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will PT Sales Systems or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, such as an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

c. No Medical Advice

The statements in our Services have not been evaluated by the United States Food and Drug Administration. Our Services are not intended to diagnose, treat, cure, or prevent any disease.

d. Limitation of Liability

There are risks inherent to using our Services, for example, if you access content that discusses physical fitness and attempt to perform the exercises discussed therein, you may injure yourself. You fully accept these risks, and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

e. Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless PT Sales Systems, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (i) the content you post or submit, (ii) your use of the Services, (iii) your violation of these Terms, or (iv) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

f. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Massachusetts, USA without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of the federal and state courts for Marlborough, Massachusetts, USA.

g. Legal Actions and Notices

No action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to: info@ptsalessystems.com).

h. Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

i. No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

j. No Third-Party Beneficiaries

Nothing in these Terms confers any third-party beneficiary rights or remedies.

k. Sanctions and Export Laws

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, or Syria). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.

If you become subject to such a restriction during the term of any agreement with PT Sales Systems, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to PT Sales Systems).

You may not access, use, export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

l. Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

10. Dispute Resolution

Please read the following paragraph carefully because it requires you to arbitrate disputes with PT Sales Systems and limits the way you can seek relief from us. Arbitration prevents you from suing in court or from having a jury trial.

a. Notice; Going to Arbitration

You and PT Sales Systems agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises.

If we cannot resolve a dispute amicably, you and PT Sales Systems agree to resolve any claims related to these Terms and/or our Services through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

Notwithstanding the foregoing, you agree that PT Sales Systems is not required to arbitrate any dispute in which we are seeking equitable and/or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

b. The Arbitration Process

Any disputes must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.

c. No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

d. Changes

Notwithstanding the “Updating these Terms” section below, if PT Sales Systems changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing us written notice of such rejection by email from the email address associated with your Account to info@ptsalessystems.com, within 30 days of the date such change became effective, as indicated by the last updated date above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and PTSalesSystems in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

11. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and PT Sales Systems reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you by posting a notice on our website or through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

12. How to Contact Us

Any inquiries about your rights under these Terms, or any matters regarding your privacy, can be directed to: info@ptsalessystems.com.

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