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The Legal Stuff

(Effective: January 1, 2006)

This website (the “Site”) is owned and operated by SBR Worldwide, LLC. which has adopted the Terms of Use Policy (“Terms of Use”) to make you aware of the terms and conditions of your use of the Site. This Agreement applies to all websites and products owned and operated by SBR Worldwide, including but not limited to www.takethecold.com, www.samrichter.com, www.warmcallcenter.com, and the Warm Call Toolbar, and the use of the term "Site" applies to all Web sites and products owned, created, and/or maintained by SBR Worldwide, LLC. By using the Site, you agree to be bound by this Agreement. If you do not agree to the Terms of Use, please do not use the Site. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms of Use at any time by posting such changes to this page. Please check the Terms of Use periodically for changes. The continued use of the Site following the posting of changes to these terms will mean you accept those changes.

The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Site, including through a registration process or other means. In the event of a conflict between the Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

SBR Worldwide, LLC reserves the right to change these terms and conditions, to make changes to any of the products or programs described in the Site or to change or delete a Site without notice or liability.

Copyright

Content written for including descriptions and instructions on how to use any Web sites listed in the Site are the sole ownership of SBR Worldwide, LLC, and are protected under U.S. Copyright Law. Any re-use of any material from any site, product, or program without the express prior written consent of SBR Worldwide, LLC is prohibited by law.

GENERAL TERMS OF USE AND RESTRICTIONS ON USE OF MATERIALS

All materials contained in this Site are protected by United States and international trademark and copyright laws, are owned or controlled by SBR Worldwide, LLC. and must only be used for personal, non-commercial purposes. You may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the viewed or downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED without the prior written consent of SBR Worldwide, LLC. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting SBR Worldwide, LLC in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Site, on any SBR Worldwide product, including but not limited to the Warm Call Center, the Warm Call Toolbar, and the Take the Cold Out of Cold Calling book. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

If you do not comply with the Terms of Use at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site. We may discontinue or alter any aspect of the Site, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any User’s right to use the Site, at our sole discretion and without prior notice or liability.

INTELLECTUAL PROPERTY

Unless otherwise specifically noted in these Terms of Use, content, ideas, concepts, images, trademarks, service marks, logos, icons displayed on the Site, are the property of SBR Worldwide, LLC and may not be used without prior written consent of SBR Worldwide, LLC. Trademarks owned by third parties are the property of those respective third parties. The Site is the copyrighted property of SBR Worldwide, LLC, and it may not be reproduced, recreated, modified, accessed or used in any manner in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by SBR Worldwide, LLC or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications, regulations and statutes.

LINKS

As a service, we provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content is not an endorsement, sponsorship or recommendation by SBR Worldwide, LLC. Please be aware that when you exit our Site, you are subject to the policies of the new web site. You further acknowledge and agree that SBR Worldwide, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any third-party site or resource.

RELEASE / INDEMNIFICATION

You agree to release SBR Worldwide, LLC, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them.

You agree to defend, indemnify and hold SBR Worldwide, LLC, its officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, or any services or products offered by SBR Worldwide, LLC.

EXCLUSION OF WARRANTIES / DISCLAIMER

ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION CONTAINED ON THIS SITE IS AS ACCURATE AS POSSIBLE, WE GIVE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY MATERIALS PROVIDED ON THE SITE. FURTHER, SBR WORLDWIDE, LLC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT FOUND ON THE SITE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. SBR WORLDWIDE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, SBR WORLDWIDE, LLC CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IF SBR WORLDWIDE, LLC IS INFORMED OF ANY INACCURACIES ON THE SITE, WE WILL ATTEMPT TO CORRECT THE INACCURACIES AS SOON AS WE REASONABLE CAN. IF YOU OBTAIN A PRODUCT OR SERVICE FROM SBR WORLDWIDE, LLC FROM THE SITE THAT IS PROVIDED WITHOUT AN AGREEMENT, THAT PRODUCT OR SERVICE IS PROVIDED ON AN “AS IS” BASIS.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SBR WORLDWIDE, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SBR WORLDWIDE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL SBR WORLDWIDE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to the contact information below. NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING SBR WORLDWIDE, LLC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our web site, including as applicable its URL, so that we can locate the material;
  5. Your name, address, telephone number, and e-mail address;
  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS

The validity and effect of the Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each User consents to the exclusive jurisdiction of any federal or state court situated in Hennepin County, MN, as SBR Worldwide, LLC selects in its sole discretion. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS OF USE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF SBR WORLDWIDE, LLC, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN MINNESOTA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

CHANGES TO OUR POLICIES

We reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at info@sbrworldwide.com. Any changes in SBR Worldwide, LLC's policies will be communicated on this page. All inquiries may be directed to

SBR WORLDWIDE, LLC
c/o Sam Richter
11521 Park Ridge Drive West
Minnetonka MN 55305
Email: sam@sbrworldwide.com

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