WHAT INFORMATION DOES TOP LINE TALENT COLLECT AND HOW IS IT USED?
Top Line Talent collects personal information through its Site in connection with user registration and purchase of services offered on the Site, including contact information (i.e., name, postal and e-mail addresses, phone and billing information) and demographic information (i.e., ZIP code, gender or age). We use this information to send our users information about our Site and to contact the user when necessary. From time to time, Top Line Talent or its business affiliates may also use your registration information to send you offers and promotions that may be of interest to you. By providing your contact information, you give us permission to send you such materials. Users may opt-out of receiving certain future mailings. See the choice/opt-out section below. Demographic and profile data is also collected during registration. We use this data to improve our product through research, showing users content we think they might be interested in, and displaying the content according to their preferences.
DOES TOP LINE TALENT SHARE PERSONAL INFORMATION?
Our Site provides users the opportunity to opt-out of receiving communications from Top Line Talent at any time by contacting Customer Service. Please allow 3 days for your opt-out request to take effect. Note that regardless of your opt-out selections, Top Line Talent may continue to correspond with you, via e-mail and other communications means, in connection with your customer relationship with Top Line Talent.
If you would like to change or update your personal information please contact Customer Support.
We receive and store certain types of information whenever you access the Site. We may set and access cookies on your computer and use web beacons, clear GIFs or pixel tags to provide us with information about your browsing experience. We may also allow other companies that show advertisements on our pages to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies.
We use the information collected to help diagnose problems with our server and to administer our Site, as well as to deliver content targeted to your interests and to save your password so you don't have to reenter it each time you visit our Site.
If you prefer not to accept cookies, you can set your browser to reject them or to alert you before one is placed on your computer. Note that some features of our Site may not be available if you do not accept cookies.
HOW DOES TOP LINE TALENT WORK WITH OTHER COMPANIES AND HOW DO THESE RELATIONSHIPS AFFECT USER PRIVACY?
The Site contains links to other websites. Top Line Talent does not control the privacy policies of business partners, advertisers, sponsors or other websites to which Top Line Talent provides hyperlinks.
Occasionally we also share user's personal information collected on our Site with our sponsors and partners. In this regard, we share such information on an aggregate basis and do not reveal information about individual users of the Site without consent.
WHAT IS TOP LINE TALENT'S POLICY REGARDING POSTS ON MESSAGE BOARDS?
Top Line Talent's message boards are available to all Site users. Please remember any information disclosed in public message boards becomes public information and you should exercise caution when deciding to disclose your personal information.
USE OF SITE BY MINORS
The Site is intended for use by adults only. In connection with the Site, Top Line Talent does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of 13.
No refund will be provided once payment has been processed and a seat has been reserved.
Please contact us directly at 708-689-0591 if you have any questions about our withdrawal or refund policy.
TOP LINE TALENT CUSTOMER SERVICES AGREEMENT
This Customer Service Agreement (the "Agreement") sets forth the terms and conditions associated with your use of Top Line Talent. "You" and "your" mean the customer of the Services defined below, and "Top Line Talent," "we," "our," and "us" mean Top Line Talent, LLC and any affiliates involved in providing you with the Services.
By enrolling in, using or paying for the Services, you accept and agree to the terms and conditions set forth in this Agreement. Your online agreement and/or acceptance of this Agreement by use of Services will carry the same legal authorization as if you are providing a handwritten signature of agreement acceptance.
"Services" means the coaching/training services provided by Top Line Talent as listed on the Website and more specifically described in this Agreement.
"Sponsor" means your employer or the entity that has purchased Services from Top Line Talent.
"Website" means the Top Line Talent Internet site at www.TopLineTalent.com
I. SIGN-UP AND USE OF SERVICES
Services Provided. Top Line Talent offers an on-line consultative sales coaching and training program. Services are provided by purchasing an individual "seat" or seats in the coaching program.
Opening an Account. In order to become a Top Line Talent customer, you must complete in full an application form on the Website. As part of the application, you will provide us with your personal identification information. We accept Visa, MasterCard, Discover and American Express Credit Cards. We also accept Debit Cards.
Once your payment has been processed and you have been accepted as a Top Line Talent customer, we will send you an electronic mail message (an "e-mail") that confirms that you have become a Top Line Talent customer and provides you with information concerning your Top Line Talent account (your "Account"). The e-mail will also provide you with instructions as to how to establish a username and password, which you must use when using the Services. Thereafter, we will not make any adjustments to your Account information.
Usernames/Passwords. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD INFORMATION AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account is being used in an unauthorized manner, you agree to contact us immediately so that the appropriate modifications can be made to your Account. Please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a Top Line Talent customer. You are responsible for maintaining a current, operational and secure e-mail address for reading e-mails from us so that we can notify you of updates to our Services and provide information concerning your Account. We are not responsible if others can access that email account and obtain your Account information. Please note also that you are responsible for any and all charges to your account and that we cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit or debit card.
Customer Support. If you have questions, concerns or complaints about your Service, you may contact us by clicking the Help, then Support link on the Top Line Talent website.
II. CHARGES AND PAYMENT
Rate Changes. We reserve the right to change the rates and charges for the Services and offer special promotional schemes from time to time. We may decrease/increase rates or charges at any time without providing advance notice and all such decrease/increase in the rates or charges shall be binding on additional Services from the effective date. Such rate changes will be updated on our website from time to time. Top Line Talent hereby disclaims any and all liability arising out of Customer's non-observance of the rate changes. NO complaint(s) or dispute(s) shall be entertained regarding such rate changes.
Payment. You agree to pay us for the Services at a rate of $750 per participant seat. You agree that we may charge all outstanding amounts in your Account to any credit, or debit card number you listed in your application for the Services or provided to us subsequently irrespective of when such charges were incurred. If the charge to your credit or debit card is not accepted (e.g. the card is no longer valid or you have instructed the credit or debit card company to block, reject or refuse to pay such charge) for any reason, the purchase of Services will be rejected. Alternatively, upon completion of the application we may bill you directly for the purchase of Services. If you fail to pay such amounts in full within the specified period, the purchase of Services will be rejected.
It is your responsibility to notify us of any changes to your credit or debit card information, including the expiration date. Please note that we reserve the right to retain any credit or debit card information you provide to us and to charge outstanding amounts to any such card so long as your Account remains active.
Billing Information and Monthly Statements.
Billing Disputes. You are responsible for reviewing your billing information. If you fail to notify us of a billing dispute, you will waive all rights to bring any claim regarding the particular charge.
Network Related Disclaimer: You understand, acknowledge and undertake that under no circumstances shall we be held liable for any failure or disruption or disconnection (including early disconnection, premature disconnection) of the network connection or service due to failure of any third party provider of Internet service, hosting service or other network or communication service provider. You hereby agree to indemnify and save us, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis), which may arise directly or indirectly from such network related issues.
III. SUSPENSION AND CANCELLATION OF SERVICES
Cancellation. You may discontinue using the service at any time by notifying us by e-mail through the customer support link on the Top Line Talent website. We will then shut down access to your Account. In all cases, you will remain responsible for full payment for Services rendered and you will not be entitled to any refund.
Suspension. After 5 months you will be unenrolled in the program section of the Top Line Talent site. We will entertain requests to extend your enrollment upon receipt of a written request through the contact tab on the Top Line Talent website.
Expiration Policy. We may, in our discretion, elect to let your Account expire after four (4) months of inactivity (measured from the date of last use on the Account, whichever is later).
Fraudulent Use; Termination by Top Line Talent. You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; or (2) avoids your obligation to pay for the Services. If we have reason to believe that you or someone else using your Account is abusing the Services or using them fraudulently or unlawfully, we can immediately suspend, restrict, or cancel your Account and your ability to use the Services without advance notice.
Other. We may from time to time discontinue certain Services, subject to applicable law and regulation.
IV. INDEMNIFICATION, LIMITATION OF LIABILITY AND WARRANTIES
Indemnity. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CLAIM BY THIRD PARTIES AGAINST US ARISING FROM YOUR USE OF THE SERVICES OR THE WEBSITE. IN ADDITION, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, RELATED TO THE DEFENSE OF ANY SUCH CLAIM AGAINST US, UNLESS SUCH CLAIMS ARE BASED ON OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
Limitation of Liability. EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR THE SERVICES DURING THE RELEVANT PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE). THIS SECTION IV WILL REMAIN IN EFFECT AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
V. DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY
Binding Arbitration. The arbitration process established by this Section V is governed by the American Arbitration Act ("FAA"), 9 U.S.C. § 1-16. You agree that all disputes, claims and/or controversies arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration in accordance with the provisions of this Section V, and you waive all rights to take a dispute or claim to a small claims court or any other judicial forum. This includes any dispute based on any product, Service or advertising having a connection with this Agreement.
Arbitration Procedures. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date the dispute is submitted to the AAA. The arbitration will be conducted by a single arbitrator, who shall be an individual engaged in the practice of law. The arbitrator shall be selected by the AAA in accordance with its procedures.
You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE OR PROVIDED FOR IN THIS AGREEMENT. YOU AND TOP LINE TALENT BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
Arbitration Information and Filing Procedures. Before you take a dispute to arbitration, you must first contact us through the support link on the Top Line Talent Website in order to give us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Top Line Talent is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center in Chicago, IL and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of our primary residence.
Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying us within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
Fees and Expenses of Arbitration. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for document arbitration will be allocated according to the AAA's Rules, except as stated herein. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. You may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA's rules and policies is available at the AAA's website, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA's fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the AAA's fees and expenses of the arbitrator from you.
Survival of this Section. If any portion of this Section V is determined to be invalid or unenforceable, then the remainder shall remain in full force and effect.
Agents and Resellers. No agent or reseller is permitted to sell our Services, electronically or directly, unless it has been specifically authorized by Top Line Talent. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization. We cannot be held liable for any representation by a third party.
Acts Beyond Our Control. Except for your obligation to pay for the Services, neither of us is liable to the other for any delay, failure in performance, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.
Consent to E-Mail Communications. By entering into this Agreement, you consent to the receipt of e-mails from Top Line Talent. In addition to sending you e-mail notifications as provided for above, we may also send you e-mails about other products and services we believe may be of interest to you. You may opt-out of future e-mails about products or services by contacting us by e-mail through the Top Line Talent Website. We reserve the right, however, to continue to e-mail you important information relating to your Account, this Agreement or the Services in which you are enrolled.
Modifications/Amendments. We may modify or amend this Agreement from time to time. Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on the Website. You may request a copy of the revised Agreement by e-mailing us through the Top Line Talent Website. YOUR CONTINUED USE OF YOUR ACCOUNT AND/OR THE SERVICES AFTER THE NOTICE PERIOD WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.
Copyrights and Other Intellectual Property. The Site contains content protected by United States and international copyright law, as well as trade and other intellectual property rights under state, federal and international law, including, but not limited to, text, software, photos, graphics, audio, video, processes, and methods (collectively, the 'Content'). All right, title and interest in and to the Content shall remain the exclusive property of TLT. No interest, license or right, including moral rights, respecting the intellectual property, other than expressly stated, is granted by implication or otherwise. No copying, redistribution, retransmission, publication or commercial exploitation of the Content will be permitted without the express permission of TLT. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content.
Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Top Line Talent, including but not limited to "Top Line", "Top Line Talent" and "TopLineTalent.com" (collectively "Marks") are and shall remain the exclusive property of Top Line Talent and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.
Assignment. We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to you. If we do that, we will have no further obligation to you in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.
Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and Top Line Talent with respect to the Services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and Top Line Talent. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that you are not relying on any representation or statement by Top Line Talent that is not included in this Agreement.
Governing Law. This Agreement is governed by the law of the State of Illinois, without regard to its choice of law rules. The arbitration provisions in Section V are also governed by the American Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.
Waiver. Either 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.
Compliance with Laws. You agree to use the Services in a lawful manner that is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained in this Agreement, we reserve the right to immediately, and without notice, terminate, or otherwise discontinue, your Account in the event we determine that you have violated any such term, condition, law and/or regulation.