Effective Date: May 25, 2018
1. Proprietary Rights. The name The Value Builder System™ and its logo, along with all design, graphics, text, software code, and all presentations of such content are the property of Built to Sell Inc. Built to Sell Inc. will own all user data collected from The Value Builder System™ tool. No part of The Value Builder System™ can appear in your URL. For example, as a licensee, you cannot use MyValueBuilderSystem.com etc. In order to use the Certified Value Builder™ designation in your marketing and professional profile, you must have an active license.
2. Indemnification. In no event shall Built to Sell Inc. or any of its respective affiliates or associates be liable for any direct, incidental, special, or consequential damages, costs, expenses or assessments resulting from the use or misuse of any information provided by Built to Sell Inc., The Value Builder System™ or The Value Builder Score Report™.
3. Warranty. Built To Sell warrants that it has good title to the program and the right to license its use to the Licensee free and clear of any third party proprietary rights; Built To Sell will defend and hold the Licensee harmless against any alleged violation of such proprietary rights. The express warranties set forth in this Agreement are the sole warranties with respect to the program and are in lieu of all other warranties express or implied including, without limitation, any warranties of merchantability or fitness for a particular purpose the Licensee agrees that in no event will Built To Sell be liable to the Licensee or any other person for any special incidental consequential, or indirect damages for any reason.
4. Confidentiality. The Licensee agrees to keep all information they receive from Built to Sell or The Value Builder Score Report(s)™ of users confidential. Reports may not be shared or accessed by anyone other than The Licensee. Each licensee must provide a dedicated private email address; shared email addresses are not allowed. Any breach of this confidentiality agreement will be grounds for immediate termination as a Licensee and may trigger legal action.
5. Do Not Sell or Refer. The Licensee agrees not to sell, share or refer a lead originating from the The Value Builder System™ software to any external individual or firm without the written permission of the business owner who completed the questionnaire.
6. Refund Policy. Due to the nature of the business and product, no refunds will be given. You may cancel your license with 30 days written notice after the lock in date listed in your agreement which is also available by clicking on the “My Account” tab in the The Value Builder System™ Advisor portal.
7. Canadian Sales Tax. The Licensee, if a Canadian resident, will be subject to the Harmonized Sales Tax (HST) (as required by their province of residence) on any payment. If a non-Canadian resident, the Licensee affirms that they are not registered to pay HST. If registered to pay HST, they will advise us (support desk at support@valuebuildersystem) so that we may charge the appropriate taxes.
8. Collections. The Licensee is responsible for all payments through the duration of the agreement and may cancel any time after the lock in date with 30 days written notice. In the event of any payment default, the monetary balance of the agreement up until the lock in date will be accelerated and all monies will become immediately due and payable in full.
9. Cancellations. In the event you cancel your license, you will be required to remove all reference to The Sellability Score, Certified Value Builder and The Value Builder System™ from your marketing materials (e.g. company literature, website etc.) You will also lose your status as a Certified Value Builder and be required to remove the Certified Value Builder designation from your professional profile (e.g. Linkedin profile, bio etc.).
10. Training. In order to offer The Value Builder Engagement, you must first earn your Certified Value Builder™ designation (additional cost applies). To earn your Certified Value Builder designation, you must complete both an online (e-learning) module as well as attend one of our in-person, two-day training sessions held twice per year in Toronto. Upon setup, you may apply to be exempt from the in-person portion of the training if your circumstances make it impossible to travel to Toronto.
11. Rewards program. The Value Builder System™ Rewards program is based on the number of contacts that complete The Value Builder System™ questionnaire in a given calendar year. The number of completed questionnaires, and the Rewards program level, will be reset at the beginning of each year. The program runs from January 1st to December 31st.
12. Contacts. Any contacts you add to the system will remain your property. Should you choose to cancel your license, your contacts will be removed from our system.
13. Compliance with Local Spam (Consent to Contact) Laws. You may not use our service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver unsolicited email ("spam" or "spamming") in violation of the local consent to contact or privacy laws of your, or your intended contact’s, country of residence. Examples of such laws include but are not limited to, GDPR(UK, EU), CASL(CAN), CAN-SPAM Act(US), Spam Act (Australia) or any other law. I warrant any contact information has been obtained lawfully and has consented to be contacted. For example, not obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting).
15. User Terms and Conditions. Each licensed user, as agreed upon in your contract, whether named at the time of the agreement or in the future, shall receive a unique login and password to access The Value Builder System™ portal. This access is granted with the intent of using the system for their own direct benefit and not for the use or benefit of other parties not named as a licensee. No user shall share, distribute, rent, loan, sell, sublicense or otherwise transfer their access and login information to any other person or entity without prior written consent from The Value Builder System™. Failure to comply with this term shall be regarded as a breach of contract and will result in immediate suspension of access to The Value Builder System™.
16. Team Licenses. The full price of a team license will be paid by one billing contact and cannot be split between multiple team members. A minimum of one user must be set up in the system as a "Company Manager". This user will have ultimate control over how the system is configured for all users and will have access to any and all contacts (including contact information and reports) associated with the license. Individual users (or groups of users) can set up unique branding within the system. All users on a team license must belong to the same legal entity (i.e. be employees of the same organization).
17. Re-Selling Value Builder Licenses. The licensee agrees not to market, sell or re-sell any part of their Value Builder license to another individual or entity without express, and written, permission from Built to Sell Inc. The licensee agrees that they will not market or include a license purchased from Built to Sell Inc., or any part thereof, as a part of a package or bundle of services that are being sold.
18. Right to Cancel. Built to Sell Inc. reserves the right to cancel an account should the licensee be in breach of any term or condition in this agreement. Built to Sell Inc. reserves the right to cancel a license, at its sole discretion, where that licensee is deemed not to be upholding the brand, image, and reputation of The Value Builder System™, the Certified Value Builder™ community, or Built to Sell. If any activity is deemed to potentially or actually cause damage to The Value Builder System™ or Built to Sell Inc.’s reputation, image, brand, or business this contract is immediately cancellable with written notice provided to the licensee.
19. Changes to this Agreement. Built to Sell Inc. reserves the right to amend these terms and conditions at any time. In the event of a material change, we will notify you by email or post a notice on our website 30 days prior to the change taking effect.