SellPro Mobile App Terms and Conditions of Use Agreement (U.S.)

See also: Canada Terms & Conditions
 

Effective April 04, 2016

PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE CREATING YOUR PROFILE. By downloading, accessing or using the SellPro mobile App (the “App”) owned by mVentix, Inc. (“mVentix”) you signify that you have read, understand and agree to be bound by all of the terms and conditions as set forth in this Terms and Conditions of Use Agreement (“the Terms”).


Voluntary Use and Compensation

Your use of the App is completely voluntary for your own benefit. You shall not be entitled to compensation of any kind from mVentix for such use. To the extent that you use the App during work hours, any such use must be authorized by your employer. You agree that mVentix’s third-party partners, including authorized retailers, resellers and brands, shall not be required to compensate you for your use of the App, unless they provide their express authorization in advance. You hereby waive any claims you may have against mVentix, it’s agents, its third-party partners, and any retailers, resellers or brands for any compensation of any kind for your use of the App, except as expressly authorized by such party.


Use Restriction

Use of this App is limited to qualified retail or reseller sales associates and representatives of mVentix or any of its third-party partners. You must be 13 years of age or older to use this App.  A qualified sales associate is an individual who, at the time of use of the App, is engaged full time or part time as a sales employee, as opposed to an independent contractor, for a retailer or reseller organization that has been authorized by mVentix to participate in the SellPro program.


End-User License

mVentix grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use the App for personal use only in accordance with these Terms (“User License”). mVentix does not grant you any other rights whatsoever in relation to this App or the material contained therein. All other rights are expressly reserved by mVentix. Any use of the App in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the App (“Content”) is prohibited.  You may not rent, lease, lend, sell, transfer, redistribute or sublicense the App. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).  If you breach any of these restrictions, you may be subject to prosecution and damages.  This Agreement and User License also governs any updates or upgrades to, or supplements or replacements for, this App.

You may only have one single account in the App. Multiple accounts are prohibited and violate the license granted herein.

The license is effective until terminated by you or mVentix, with or without written notice. Your rights under the User License will terminate automatically without notice from mVentix if you fail to comply with any terms or conditions of the User License. Upon termination of the license, you shall cease all use of the App and delete all copies.

Device Permissions

When you first use the App, you may receive notifications on your device regarding local permissions settings. The App requires certain permissions to function properly. Though they may be named differently on different devices or operating systems, the following are the permissions required by the App.

Your Accounts: (Identity): This permission is required so you can share achievements, certificates, and postings from social media accounts you choose to enable on your device. SellPro will never post anything on your social media accounts without your consent.

Storage: (Photos/Media/Files): The App is designed to work offline. This permission is required by the app so that files can be stored locally on your device and accessed when there is no active data connection. The App will not delete or alter any personal files, such as photos or audio, that you have already stored on your device or other connected media.

Hardware Controls: (Camera/Microphone): The App requires access to the camera so you can scan event QR codes.

Phone Calls: (Device ID & call information):  The App requires access to your phone’s unique identification number so that it can send you push notifications. The App will not access your phone call data and will not request or store any phone numbers.

System Tools: The App will temporarily prevent your device from going into sleep mode when the App is in use to prevent the device from dropping the Wi-Fi connection, which is required for the App to function properly. Closing the App will allow the device to go into sleep mode.

Location Data: The App uses location data to allow quick and easy event check-in and account creation.


User Information and Privacy

To use the App you are required to complete a user profile by (i) providing your first name, last name, and email address, (ii) identifying the qualified retailer, qualified reseller, or third-party partner for whom you are employed; and (iii) creating a screen name and password (collectively “Profile Data”). The App will also collect data relating to courses taken, scores received, awards received, time to complete courses or quizzes, event responses, and other similar in-App behavior and statistics (collectively “Behavior Data”). You also will have the option of providing information about your social media accounts if you wish to use them with the App (“Social Media Data”). The Profile Data, Behavior Data, and Social Media Data are collectively referred to herein as “User Information.” By using the App, you consent to the transmission of User Information to mVentix, including its agents and third-party partners, and to them receiving, collecting, storing, processing, transmitting, and using User Information for App functionality. Except for the foregoing, mVentix does not rent, sell, or share User Information with third parties without your permission, except (i) pursuant to judicial or other government subpoenas, warrants, or orders; (ii) where mVentix believes the rights, property, or safety of a third party is at risk; (iii) as necessary to enforce mVentix’s rights under this Agreement; or (iv) where otherwise required by law.

In connection with the distribution of awards only, as set forth in more detail below, mVentix will request your mailing address and, if applicable for tax reporting purposes, your taxpayer identification or social security number (“Personal Information”). mVentix will only collect Personal Information through a secure server outside of the App. It will never request Personal Information be provided within the App and no such information will be received or stored by the App. mVentix will use Personal Information solely for the purpose of distributing awards. It shall only disclose Personal Information to third parties to the extent required for shipping an award or for legal or tax purposes.

mVentix may also collect non-personal information − data in a form that does not permit direct association with any specific individual. mVentix may collect, use, transfer, and disclose non-personal information for any purpose. Such information may include unique device identifier, operating system, App performance data, location, and the time zone where the App is used so that mVentix can better understand user behavior and improve its services.

Subject to these Terms and applicable law, mVentix will retain your information as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements. mVentix has appropriate physical, administrative, and technical procedures in place, which are designed to protect and safeguard your data. Of course, although mVentix uses standard industry practices to protect and safeguard your data, it cannot guarantee that your communications with mVentix or User Information will never be unlawfully intercepted or accessed by unauthorized third parties.

mVentix is committed to protecting the safety and privacy of young people using the Internet. Children under the age of 13 are not authorized to use the App and mVentix does not knowingly collect personal information from them.

You shall be solely responsible for taking precautionary steps to protect User Information stored on your device, including without limitation password-protecting it. mVentix shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the App.

When you create your profile in the App you will be asked if you agree to receive push notifications or marketing/event emails, and whether you agree that the App may use location-based services available on your device. Each of these communications and services will be enabled only if you opt-in. You may opt-out of any of these communications or services at any time by selecting to do so on your device. SellPro reserves the right to send you specific e-mail notifications required for the app to function properly, including, but not limited to profile confirmations, e-mail verifications and award claim notifications, even if you opt out of receiving SellPro marketing or event emails.

Questions or concerns regarding User Information or privacy can be directed to privacy@mVentix.com.


External Services and Third-Party Materials

The App may enable access to third-party services and websites (collectively and individually, “External Services”).  Use of External Services requires Internet access and may require you to accept additional terms.  Certain External Services may display, include or make available content, data, information, Apps or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that mVentix is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. mVentix reserves the right to change, suspend, remove, or disable or limit access to any External Services at any time without notice and without any liability.


Awards

mVentix offers awards to qualified sales representatives who complete trainings and successfully receive certification through the App. There may not be sufficient awards available to provide one to every individual who completes each course, so the awards are distributed randomly to those eligible users who successfully complete a timed skill test.

NO PURCHASE IS NECESSARY TO RECEIVE AN AWARD. PURCHASES CANNOT BE MADE THROUGH THE APP AND YOUR CHANCES OF RECEIVING AN AWARD ARE NOT AFFECTED IN ANY WAY BY CONSIDERATION OF ANY KIND.

The rules set forth below relating to awards are subject to change at any time without notice by mVentix and are subject to the independent interpretation of mVentix.

  1. Eligibility: Awards are available only to the sales employees of participating authorized retailers and resellers who are legal residents of and located within the 50 United States, Puerto Rico, or the District of Columbia (the “Territory”), and at least 13 years of age at time of award. If you are under the age of 18, you must have the written authorization of a parent or guardian to participate and your parent or guardian must consent to this Agreement on your behalf. Awards are void outside the Territory, in the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited or restricted by law. Employees and immediate families (parents, children or siblings, whether or not the individual lives in the same household) of mVentix, its advertising and promotions agencies and each of their affiliates, participating vendors, or any other company involved with the design, production, execution or distribution of the applicable award are ineligible to receive awards. All federal, state, and local laws and regulations apply.
    You must set up a single user account in SellPro with complete, accurate, and current information. Use of multiple accounts to compete for awards is strictly prohibited. Any award recipient who is found to have multiple accounts shall be immediately disqualified and shall not receive any awards. Mass entries, or entries generated by a script, macro or use of automated devices will also be disqualified. You must complete the training course and pass a certification test before you can qualify to receive any awards associated with that training.
  1. Awards: Available awards will be distributed based on an in-app game and skill test. You can earn SellPoints by completing courses and taking advantage of other features available within the App. You can use your SellPoints to play games within the App. If your game play triggers an award for which you are eligible, as a result of having successfully completed the associated training and certification, you will then be given a timed quiz to test your knowledge of that product or service. If you pass the timed quiz, you will receive the associated award. SellPoints are usable only once. If you land on a selection for an award for which you are ineligible or on a selection for which there is no award, your SellPoint is spent and cannot be recovered, even if you subsequently take the appropriate training.
    Details regarding individual awards can be found within the App. Award selection shall be random. The odds of you landing on any award depend on the number of units of that award available, the number of eligible users, and the number of users who randomly land on that award with their game play and successfully complete the timed quiz. When awards become available they will show up on the in-app game(s). Once all of the units of that award have been distributed, it will be removed from the game(s). Any award visible within a game is eligible to be and shall be awarded so long as a qualified user claims it. The value of each award shall not exceed $5,000 and is not dependent on the number of users who attempt to receive it.
  1. Delivery. Upon completion of the timed quiz, you will be notified if you successfully won the related award. To claim your award, you will be required to confirm your email address. You will then be provided by email with a link to a website where you will be required to electronically sign a Release of Liability, Declaration of Eligibility, and Publicity Agreement. If you are under the age of 18, the agreement must also be signed by your parent or legal guardian. You will also be required to electronically complete an employer verification form and an IRS Form W9 if the cumulative value of awards you have claimed exceeds $600 within a calendar year. These forms must be completed within seven (7) days of the notification date or the award may be forfeited. Upon receipt of all required documentation, and upon verification of award eligibility, mVentix or its third-party partner will deliver the award to you using the delivery information you specified when you claimed the award within 8 weeks. Unless otherwise indicated, no cash alternative, substitution, or transfer of award is permitted, unless the award becomes unavailable, in which case mVentix may provide an award of equal or greater value at its sole discretion. Return of any award as undeliverable may result in disqualification. Taxes and any other expenses and incidentals not mentioned herein are your sole responsibility.
  1. Conditions. By using SellPoints to obtain awards, you agree to abide by and be bound by these rules and any other terms set forth for the applicable award in the App. Award recipients consent to use of their name and likeness for advertising/publicity purposes without additional compensation, except where prohibited by law. mVentix makes no warranty, express or implied, with respect to the accuracy of any information supplied by manufacturers relating to the awards. You hereby release and hold harmless mVentix, its third-party partners, its authorized retailers and resellers, its advertising and promotions agencies, and each of their respective parent companies, subsidiaries, related entities, affiliates, and agencies (“Releasees”) from any and all claims, demands, losses and liabilities arising out of any use or misuse of the awards distributed hereunder. The Releasees assume no liability or responsibility for damages, losses or injury resulting from any and all acceptance or use of the awards. You also waive any claims you may have against Releasees arising from the use of SellPoints or the process for distributing awards within the App.
    Neither any Releasee, any telephone network, nor any service provider is responsible for any technical malfunctions, lost or delayed data transmission, service interruption, device failures software bugs, inability to access the App, or any other technical difficulties that impede or prevent your ability to use SellPoints or compete for awards. If mVentix determines, in its sole discretion, that there is any suspected or actual electronic tampering or if technical difficulties compromise the integrity of any award, it reserve the right to void or modify that award. Any attempt to deliberately tamper with the distribution of any award is unlawful and subject to legal action.
  1. Recipient’s List: For a list of recipients of any award, send a separate, self-addressed, stamped envelope (VT residents may omit return postage), clearly identifying the name of the particular award on the envelope, for each such request to: Award Recipients, mVentix, Inc., 26893 Bouquet Canyon Road, Suite C337, Santa Clarita, CA 91350 no later than thirty (30) days after the award has been distributed.
  1. Sponsor: Each award is sponsored by mVentix, Inc., 26893 Bouquet Canyon Road, Suite C337, Santa Clarita, CA 91350. mVentix, either directly or through a third-party partner, shall be solely responsible for all costs and required notices relating to the awards to be given to recipients, including, without limitation, any delivery chargers and 1099 Tax Notifications.
  1. Only participants who provide a valid street address will receive awards. Participants who provide a P.O. Box address will be disqualified. If travel awards are offered, they may be for a single traveler or include a companion. Review the award details for more information. Blackout periods and travel restrictions may apply and travel companion, if any, may be required to execute a liability and publicity release (where not prohibited by law).

No Warranties

MVENTIX IS PROVIDING THE APP AND ALL CONTENT THEREIN TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED.  YOU ARE USING THE APP AT YOUR OWN RISK.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MVENTIX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APP BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED, OR THAT OPT-OUT CHOICES WILL BE SUCCESSFULLY EXECUTED IN ALL CASES.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MVENTIX OR ITS AGENTS OR THIRD-PARTY PARTNERS (A) BE LIABLE TO YOU WITH RESPECT TO USE OF THE APP; AND/OR (B) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP, OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THE APP.  MVENTIX, INCLUDING ITS AGENTS AND THIRD-PARTY PARTNERS, SHALL NOT BE LIABLE EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.


Intellectual Property

All intellectual property in the App, including all content, is protected by copyright, trademark, or patent laws, and is owned exclusively by mVentix or its third-party partners. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, videos, interactive features, artwork, text communication, and any other content that may be found on or in the

App. All trademarks, service marks and trade names, including without limitation “SellPro,” are owned, registered, or licensed by mVentix and may not be copied, imitated or used, in whole or in part, without the prior written permission of mVentix or the applicable trademark holder.


Choice of Law, Jurisdiction

These Terms are governed by the laws of the State of California, United States of America, without regard to conflict of laws rules.  You irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, United States of America for purposes of any legal action arising out of or related to the use of the App, the distribution of awards, or these Terms and you hereby waive any claim that such forum is inconvenient.

Severability

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.  Failure of mVentix to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.


Modification of these Terms

mVentix may change these Terms or any other mVentix terms, conditions, or policies related to use of the App at any time and in its sole discretion by posting revisions on the App website (http://www.sellpro.net) or within the App.  Your continued use of the App following the posting of these changes or modifications will constitute your acknowledgement and agreement thereto.  If you do not agree to these Terms or any revisions to them, you must immediately uninstall the App and discontinue its use. Only a specific, written waiver signed by an authorized representative of mVentix shall have any legal effect as a waiver by mVentix of any Terms of this Agreement.


Third Party Beneficiary

You agree that mVentix’ agents, third-party partners, service providers, and licensors are third party beneficiaries to this Agreement and may rely upon its provisions, including but not limited to, the provisions concerning No Warranties and No Liability.

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