Website Terms & Conditions

1. General. The Dakota Rainmaker website (the “Dakota Rainmaker” or “Website”) is a website operated by Dakota Live!, LLC (“Dakota” or “we”) as a service that provides coaching and training to sales professionals. The Website allows registered users to view training modules and videos, and participate in and attend live training and coaching sessions (the “Services”). These Website Terms and Conditions (the “Terms & Conditions”) sets forth the terms and conditions under which all users (“you”) may use the Website and Services.  By using this Website, registering an account, or by clicking “Register”, “I accept”, or similar button, you agree that you are bound by these terms (the “Terms & Conditions”), as well as our Privacy Policy as defined herein. Please read these Terms & Conditions carefully before using the Website. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use the Website.

2. Eligibility Requirements. This Website and Services are offered and available to users eighteen (18) years of age or older who reside in the United States or any of its territories or possessions. By using this Website or Services, you represent and warrant that you are of legal age to form a binding contract with Dakota and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. Dakota is based in the Commonwealth of Pennsylvania in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website, the Services or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

3. Account Access. If you register with the Website, you will be provided with a user name, password and other pieces of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any other person or entity. You agree that your account is personal to you and that you shall not provide any other person or entity with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to “log out”, “sign out”, “exit”, or take equivalent action with respect to your account at the end of each session and to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier with respect to our security procedures at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.

4. User Personal Information. To access the Website or the Services, you may also be asked to provide certain registration details or other personal information. You acknowledge and agree that all such information is complete and accurate.  You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, shall be governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  

5. Privacy Policy. Use of the Website and Services is subject to Dakota’s Privacy Policy (the “Privacy Policy”), as amended from time to time, which is incorporated herein by reference and available at https://www.dakota.com/privacy-policy-updated. If you have any questions or concerns regarding our Privacy Policy, please contact us at [email protected].

6. User Contributions. The Website and Services may enable users to ask questions,  participate in training modules and videos or live training and coaching sessions or otherwise submit, post or share content or questions  (collectively, “User Contributions”) on or through the Website. Any User Contributions that you provide through use the Website or Services shall belong exclusively to Dakota.  All User Contributions must comply with the content standards and refrain from the prohibited uses set out in these Terms & Conditions, including complying with all applicable federal, state, local, and international laws and regulations. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Dakota, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You further represent and warrant that all of your User Contributions do and will comply with these Terms & Conditions. You agree that Dakota may utilize all User Contributions to provide the Services and as otherwise consistent with our other rights under these Terms & Conditions. You also represent and warrant that you have all rights necessary to submit, post, share or make User Contributions and grant Dakota the rights to such User Contributions as contemplated by these Terms & Conditions.  

In addition, certain portions of the Services may be subject to video or audio recording, which we may make available to other users from time to time in connection with our operation of the Website and provision of our Services. By accepting the Services, you hereby irrevocably agree and consent to all such recordings (including video to the extent notified), photographs and pictures and grant Dakota the right and license to use such records, photographs and pictures as part of our Website and Services or for marketing, promotional and other purposes determined by Dakota. Dakota shall own all rights and title, including intellectual property rights, in such recordings, photographs and pictures, and users will not receive any right or license to use, view or approve such recordings, photographs and pictures.

As part of your use of the Services, you may from time to time submit feedback, evaluations, suggestions, questions, reviews, comments and other information regarding the Services and your use thereof.  You acknowledge and agree that Dakota is free to use all such feedback, evaluations, suggestions, questions, reviews, comments and other information for any purposes whatsoever, including, without limitation, to share, distribute and promote it on any platform or with third parties or the media, and without any further notice to or consent from you.  In addition, Dakota may display quotes or statements made by users as part of such feedback, evaluations, suggestions, questions, reviews and comments for purposes of marketing, improvement the Services or for research purposes.  

7. Usage Obligations.  You are generally responsible for providing any tools, equipment, and devices needed to access and use the Services.  You are responsible for performing any technical checks prior to or at commencement of any courses, classes or programs in order to verify that your equipment meets the technical requirements for such items.  You are also responsible for ensuring that your devices and equipment are free of harmful code and viruses and will avoid the introduction of such code or viruses to the Platform.  

When you interact directly with an instructor or other attendees of a training session, you must be careful about the types of personal information that you share. We do not control what instructors and attendees do with the information they obtain from other users of the Services. You should not share your email or other personal information about you for your safety. We are not liable for any interactions involved between instructors and attendees. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or attendees.

8. Conduct.  Attendance to any in-person sessions may be subject to other policies, protocols, rules, and conditions that we provide from time to time.  You are responsible for reading those in advance of any such sessions.  You must comply with such additional policies, protocols, rules, and conditions as are provided to you by Dakota in advance of such in-person programs.  Such policies, protocols, rules, and conditions may be subject to change from time to time.

We expect that you and all other attendees at any training sessions behave in a polite and appropriate manner when attending any classes or courses. Accordingly, you will not engage in any disruptive, abusive, threatening, impolite, obscene, derogatory, offensive, or other behavior that Dakota deems inappropriate. Dakota reserves the right to remove and exclude you from any course or session in the event you fail to behave in accordance with such standards or any other standards identified by instructors, proctors or other course administrators. You will not be entitled to any refund in such circumstances.

For virtual training sessions, Dakota may select and designate third party videoconference services to be used to provide such virtual classrooms, such as Zoom, Webex, etc.  Dakota has no responsibility or control over such services and accordingly makes no commitments or representations regarding such services.  You acknowledge that you are permitted to and have the technical resources to access and use such videoconference services.  

9. Prohibited Uses. Without limitation, you agree not to do any of the following:

 

 



13. DMCA Notices.  If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification (a “DMCA Notice”) to our copyright agent (the “Copyright Agent”):
Tim Brown, 925 W. Lancaster Ave. Suite 220 Bryn Mawr, PA 19010, Phone: 610-801-2048 Email: [email protected]. If you fail to comply with the requirements of the DMCA, your DMCA Notice may not be effective. If you knowingly, materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the DMCA Notice must be directed to the Copyright Agent, and must include substantially all of the following:

 

14. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Pricing and Term. All purchases through our Website or other transactions for the sale of Services, or information formed through the Website, or resulting from visits made by you, are governed by these Terms & Conditions. The price charged for any service offered on the Website will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Pricing may depend on the available periods of Services made available by Dakota and selected by you for subscription at the time of registration.  Posted prices do not include taxes, and all such taxes will be added to your price total and will be itemized in your shopping cart and in your order confirmation. All sales are final and non-returnable.  We strive to display accurate price information; however, we may on occasion make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

16. Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us, whether by credit card or other method acceptable by us, before our acceptance of an order. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other form of payment for the purchase, (iii) if applicable, charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and ancillary charges, if any, regardless of the amount quoted on the Site at the time of your order.  We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.  If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid unwanted charges, cancel before the renewal date.

17. Changes to Terms & Conditions. We reserve the right to modify these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately after posting and apply to all access to and use of the Website thereafter. If we make material changes to these Terms & Conditions, we will take reasonable steps to notify you either through our Website or at the email address provided by you. However, you are expected to check the Website from time to time so you are aware of any changes, as they are binding on you. If you object to any changes, you may close your account. Your continued use of the Website after the posting of revised Terms & Conditions means that you accept and agree to the changes.

18. Changes to or Withdrawal of Services. Dakota may, from time to time, change the Services without the consent of users, provided that in the case of any paid Services such changes shall not materially affect the nature or scope of such Services, or the fees or any performance terms set forth in the user’s respective order confirmation. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice.

19. No Reliance. We do not undertake to review material provided by users before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  We therefore assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We also do not warrant the accuracy, completeness, or usefulness of any information posted. All statements and/or opinions expressed in User Contributions, and all articles and responses to questions and other content other than the content provided by Dakota, are solely the opinions and the responsibility of the person or entity providing those materials and do not reflect the opinion of Dakota.

20. No Warranty. To the fullest extent provided by law, Dakota hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Your use of the Website, its content, and the Services are at your own risk. The Website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Dakota nor any person associated with Dakota makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither Dakota nor anyone associated with Dakota represents or warrants that the Website, its content, or any Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any loss or damage the user may encounter from using the Website.

21. No Liability; Limitation of Damages. Furthermore, to the fullest extent provided by law, in no event will Dakota, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. In any case, Dakota and its affiliates will not be liable to you for any amount that exceeds the total fees paid or payable by you to Dakota for Services during the preceding 12 months.,

22. User Indemnification. You agree to defend, indemnify, and hold harmless Dakota, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your use of the Website or Services other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website.  Further, you waive and hold harmless Dakota and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

23. Viruses and Destructive Code. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

 

24.Waiver and Severability. No waiver by Dakota of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dakota to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.  If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

25. Force Majeure.  Notwithstanding anything herein to the contrary, any delay or failure by Dakota to provide the Services will be excused if and to the extent that it is caused by an event or occurrence beyond our reasonable control and without its fault or negligence, including, but not limited to: acts of God; restrictions, prohibitions, priorities or allocations imposed or actions taken by a governmental authority; disease, pandemics or epidemics (or governmental responses thereto); embargoes; fires; explosions; natural disasters; riots; wars; sabotage; inability to obtain power; or court injunction or order.

26. Governing Law and Jurisdiction. All matters relating to the Website and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

27. Dispute Resolution. Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the County of Philadelphia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At Dakota’s sole discretion, it may require you to submit any disputes arising from these Terms & Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Pennsylvania law.

28. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

29. Interpretation. For purposes of this Agreement, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation;” (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein (x) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (y) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. These Terms & Conditions shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

30. Entire Agreement. The Terms & Conditions and Privacy Policy constitute the sole and entire agreement between you and Dakota regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

31. How to Contact Us. This website is operated by Dakota Live!, LLC, 925 W. Lancaster St., Suite 220, Bryn Mawr, Pennsylvania. All notices of copyright infringement claims should be sent to the copyright agent designated in the manner and by the means set out herein.  All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]