Terms of Service

Effective date: April 1^st, 2024

This document outlines the terms and conditions ("Terms") for the use of RainMaker Sales Academy ("Product"), an eLearning solution owned and operated by Primus Sales Solutions (“Company”). By accessing or using the Product, you (“Student”) agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Product.

1. Use of the Product:
   • You must be at least 18 years old to use the Product.
   • You agree to use the Product only for lawful purposes and in accordance with these Terms.
   • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. Intellectual Property:
   • All content and materials provided through the Product, including but not limited to text, images, videos, and software, are the property of Company or its licensors and are protected by copyright and other intellectual property laws.
   • You may not reproduce, distribute, modify, or create derivative works of any content provided through the Product without prior written consent from Company.
3. Non-Disclosure and Confidentiality Clause

   In consideration of being granted access to the product information and course content provided by Company, Student agrees to the following terms and conditions:

   Confidential Information: Student acknowledges that the product information and course content provided by Company constitute confidential and proprietary information ("Confidential Information").

   Non-Disclosure: Student agrees not to disclose, reveal, or make available any Confidential Information to any third party, including but not limited to individuals or companies, without the prior written consent of Company.

   Use Restrictions: Student agrees to use the Confidential Information solely for the purpose of participating in the provided courses and accessing the product information. Student shall not use the Confidential Information for any other purpose without the prior written consent of Company.

   Protection of Confidentiality: Student agrees to take all reasonable measures to protect the confidentiality of the Confidential Information, including but not limited to implementing appropriate security measures to prevent unauthorized access or disclosure.

   Prohibition on Sharing: Student expressly agrees not to share, distribute, transmit, or otherwise disseminate any product information or course content provided by Company to any other parties, whether individuals or companies, in any form or format, without the prior written consent of Company. This includes sharing Student login and password information, in addition to course content.

   Ownership of Confidential Information: Student acknowledges that all Confidential Information provided by Company remains the exclusive property of Company. No license or rights to the Confidential Information are granted to Student except as expressly set forth in this agreement.

   Duration of Obligations: The obligations of confidentiality and non-disclosure shall survive the termination or expiration of any agreement between Student and Company and shall remain in effect indefinitely.

   Enforcement: Student acknowledges that a breach of this agreement may cause irreparable harm to Company, for which monetary damages may not be an adequate remedy. In the event of a breach or threatened breach, Company shall be entitled to seek injunctive relief and/or specific performance in addition to any other remedies available at law or in equity.

   Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

   Governing Law: This agreement shall be governed by and construed in accordance with the laws of the state of New Hampshire, without regard to its conflict of law principles.

   By accessing the product information and course content provided by Company, Student acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Non-Disclosure and Confidentiality Clause.

4. Payment and Refunds:
   • Payment for the Product is required before access is granted.
   • Refunds are subject to Company's discretion, and are not guaranteed.
5. Disclaimer of Warranties:
   • The Product is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.
   • Company does not warrant that the Product will be uninterrupted or error-free, or that any defects will be corrected in a timely manner.
6. Limitation of Liability:
   • Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Product. 
   • In no event shall Company's total liability to Student for all damages exceed the amount paid by Student for the Product.
7. Changes to Terms:
   • Company reserves the right to modify or update these Terms at any time. Changes will be effective immediately upon posting to the Product.
   • It is your responsibility to review these Terms periodically for changes. Your continued use of the Product following the posting of changes constitutes acceptance of those changes.
8. Governing Law:
   • These Terms shall be governed by and construed in accordance with the laws of [the state of New Hampshire, without regard to its conflict of law principles.
9. Contact Us:
   • If you have any questions about these Terms, please contact us at [email protected].