Terms of Use

WEBSITE TERMS OF USE

Thank you for visiting the DoubleDigit Sales Inc. (“DoubleDigit”) website. These terms and conditions (the “Terms of Use”) govern your access to and use of the DoubleDigit website and any service offered within it (the “Site”). DoubleDigit provides the Site on the basis that users agree to the Terms of Use. By accessing the Site, you expressly agree to be bound by these Terms of Use. Please read these Terms of Use carefully as they contain provisions that limit or exclude liability to you. If you do not agree to comply with the Terms of Use, you may not use the Site.

These Terms of Use were last updated on November 22, 2017.

1.     WHAT IS DOUBLEDIGIT?

DoubleDigit (formerly Fusion Learning Inc.) is a leading sales and sales management training company which provides sales training that is uniquely simple, immediately useable, and practically brilliant. DoubleDigit is firmly established as one of the top 20 sales training firms in North America with a client roster of FP500 and Fortune 500 companies.

2.     NO RELATIONSHIP OR CONFIDENTIALITY

The material posted on or provided on the Site is for general information only, and should not be taken as sales, marketing, strategic and/or consulting advice. Your interaction with the Site does not give rise to any accountant, client, customer, advisory, or fiduciary relationship or privilege. If you have a specific problem, please contact DoubleDigit for more information about retaining our services.

Any communications or information exchanged through the Site may not be confidential, and use of such communication mediums are at your own risk.

3.     PROPRIETARY RIGHTS

DoubleDigit owns copyright in the content made available through the Site, including text, images and source code, and trade-mark rights in material used as trade-marks, including text, logos and icons. Subject to the Access and Use provisions below, nothing in these Terms of Use vests or transfers any intellectual property rights in or to you and any use, alteration, or replication of any of DoubleDigit’s intellectual property is a violation of these Terms of Use and applicable intellectual property laws.

You agree to not take any action to jeopardize, limit or interfere with DoubleDigit’s intellectual property rights, including making copies of copyright protected material and using or challenging DoubleDigit’s trade-marks.

Certain materials or information available to you through the Site or through links to third party websites may be subject to third party intellectual property rights. All such intellectual property rights are and shall remain the property of their respective owners or creators (as the case may be). You acknowledge and agree that DoubleDigit is not responsible for the accuracy, completeness or content provided by or on behalf of third parties.

4.     ACCESS AND USE

In exchange for your compliance with these Terms of Use, DoubleDigit grants you a personal, non-transferable, and non-exclusive license to access the Site. DoubleDigit reserves the right to revoke this authorization at any time without notice and for whatever reason and to require you to delete, destroy or otherwise remove any material that you have obtained from the Site.

You agree that you shall not:

  1. modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of the Site including any proprietary notices in such materials.
  2. upload, post or otherwise transmit through or to the Site any content that:
    1. is false, unlawful, abusive, threatening, harmful, obscene, offensive, or defamatory;
    2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
  • contains any viruses or any other harmful programs or elements; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site, its computer systems, server or networks.

Any violation of these Terms of Use immediately terminates your license to access the Site.

You may not assign, delegate, sublicense, transfer or subcontract the whole or any part of these Terms of Use or the rights granted through these Terms of Use without the prior written consent of DoubleDigit. Notwithstanding the foregoing, DoubleDigit may, at its sole discretion, assign these Terms of Use or any of its rights and obligation to any third party, without giving prior notice.

5.     DATA PROTECTION AND PRIVACY POLICY

You accept and agree to DoubleDigit’s Privacy Policy, which you can access here. The Privacy Policy should be reviewed prior to accessing the Site. You further agree that you will follow safe and secure computing practices with respect to any device used to access the Site.

6.     ACCURACY OF INFORMATION

DoubleDigit endeavors to provide accurate information and descriptions of the Site but provides no warranty of the same. Where an error appears anywhere in relation to the Site, DoubleDigit retains the right to reverse any transaction made in reliance on the error.

 

7.     REPRESENTATIONS AND WARRANTIES

DOUBLEDIGIT MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY PERSON OR ENTITY WITH RESPECT TO THE SITE. DOUBLEDIGIT DOES NOT GIVE ANY WARRANTIES, GUARANTEES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR SUITABILITY OF THE INFORMATION DELIVERED AS PART OF THE SITE, THIRD PARTY INFORMATION, MATERIALS OR WEBSITE CONTENT, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH ANY DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS) WITH RESPECT TO ANY SITE AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

DOUBLEDIGIT DOES NOT GUARANTEE THAT THE SITE WILL BE PROVIDED OR AVAILABLE WITHOUT INTERRUPTION OR ERROR FREE. YOU AGREE THAT YOU UNDERSTAND THAT THERE MAY BE SERVICE DISRUPTIONS OR OUTAGES.

The information on the Site may become out of date, however, DoubleDigit disclaims any duty to or liability for failure to update information on the Site. Further, the information in the Site is subject to change without notice.

8.     LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOUBLEDIGIT AND ITS AGENTS, ASSIGNS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SERVICE PROVIDERS, LICENSEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED THROUGH THE USE OF THE SITE. DOUBLEDIGIT IS NOT RESPONSIBLE FOR ANY USE OF THE SITE BY YOU OR ANY THIRD PARTY, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF REPUTATION, OR FOR ANY BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, YOUR USE OF, OR INABILITY TO USE, THE SITE. DOUBLEDIGIT IS NOT RESPONSIBLE FOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE BY OR ON BEHALF OF THIRD PARTIES WHETHER REFERENCED IN THE SITE OR OTHERWISE ACCESSIBLE OVER THE INTERNET.

THE AGGREGATE LIABILITY OF DOUBLEDIGIT IN CONNECTION WITH THESE TERMS OF USE, YOUR USE OF THE SITE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.00 CAD.

 

9.     INDEMNITY

You agree to defend, indemnify, and hold harmless DoubleDigit, its agents, assigns, employees, contractors, consultants, and service providers and their respective successors and assigns, from and against any and all claims, demands, actions, proceedings, liabilities, judgments, penalties whether civil or criminal, taxes, and all costs, liabilities and expenses (including, without limitation, reasonable legal fees on a solicitor client basis) arising out of or relating to your use of the Site, or that may be incurred by DoubleDigit arising out of, or relating to, your violation of these Terms of Use, the misuse or illegal use of the Site, or any violation by you of applicable law or rights of any third parties (including intellectual property rights), the failure of you to comply with applicable laws and regulations, any errors in any data (including maintenance data) supplied to DoubleDigit, or your gross negligence or willful misconduct.

10.   REMEDIES AND RECOURSE

If you are dissatisfied with the Site or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

DoubleDigit reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to terminate or discontinue your use of the Site by blocking access from a particular IP address to the Site or any part thereof or otherwise.

11.   AMENDMENT, SEVERABILITY AND WAIVER

DoubleDigit reserves the right to alter, add, remove or otherwise modify these Terms of Use, including the Privacy Policy, and the Site at any time and in its sole discretion. Any such amendments shall be effective immediately upon posting, and you agree to periodically review the Terms of Use to be aware of any amendments. Your continued use of any of the Site shall be construed as acceptance of the Terms of Use and any amendments thereto.

Each provision of these Terms of Use is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be severed from these Terms of Use and will not affect the legality or validity or enforceability of the remainder of these Terms of Use or any other provision and the Terms of Use shall be construed, as nearly as possible, to reflect the intentions of the severed provision(s) to the extent possible under applicable law.

No delay on the part of DoubleDigit in exercising any right, power or privilege under these Terms of Use shall operate as a waiver of those rights, nor preclude any other or further exercise of those rights or the exercise of any other right, power or privilege under these Terms of Use.

12.   GOVERNING LAW AND JURISDICTION

These Terms of Use shall, in all respects, be construed according to, and the rights and liabilities of the parties shall in all respects be governed exclusively by, the laws of the Province of Ontario and the laws of Canada applicable therein without reference to the rules of conflicts of law.

You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as DoubleDigit may determine in any and all actions, disputes, or controversies relating to these Terms of Use or the Site.

13.   LINKS TO OTHER SITES

Links from or to internet sites outside of the Site are meant for convenience only and your access to them is at your own risk. The publishers of the outside sites manage their content, which is not reviewed or approved by DoubleDigit. These links are not endorsements, guarantees or recommendations by DoubleDigit of the products or services offered on those sites. DoubleDigit cannot guarantee that these links are functional or secure and cannot be held responsible for damages or prejudice of any nature resulting from the use or the content of the other sites connected to the Site through links.

14.   OTHER IMPORTANT TERMS

These Terms of Use include this document, DoubleDigit’s Privacy Policy and any additional terms of use that appear on the Site or in coordination with delivery of the Site and, where additional terms conflict with the terms of this document, those additional terms shall govern.

These Terms of Use constitute the entire agreement between DoubleDigit and you with respect to your use of the Site. No waiver by either DoubleDigit or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

This Agreement has been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.

15.   CONTACT

To contact DoubleDigit in connection with these Terms of Use or the Site, send an e-mail to david@doubledigit-sales.com or write to:

DOUBLEDIGIT SALES INC.

ATTENTION: Privacy Officer

David Boultbee / VP Finance & Operations

Address: 272 Richmond Street East, Suite 200, Toronto, ON L3X 3A7