Closers is a new community that champions sales professionals, entrepreneurs, & hustlers through competitions and exclusive content. To achieve our mission, we make services available through our websites and mobile applications. Closers also hosts Closer’s Coffee Media Network (hereafter “CCMN”), an entertainment and informational resource designed to inspire and educate sales business professionals on industry challenges and updates.
You must comply with all applicable laws and this Agreement and the policies and processes explained in the following sections and related webpages:
You understand that all information about other places and people you post in Closers are your data subjects, and you are considered the data controller for this personal data. As such, you understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the sender from which such content was originated. This means that you, not Closers, are entirely responsible for all such content that you upload, post, email or otherwise transmit via this Services. Closers does not control such content posted via the Services, and as such, does not guarantee the accuracy, integrity, or quality of such content. You own the rights to the content you create and post on Closers. By submitting content to Closers for publication, you give us a nonexclusive license to utilize the content and publish it on Closers. You specifically allow any activity reasonably related to publication, such as storing, displaying, reformatting, excerpting, distributing, and like activities. In consideration for Closers granting you access to and use of Closers you agree that Closers may enable advertising on Closers, including in connection with the display of your Content or other information. We may also use your Content to promote Closers, including its products and content. We will never sell your Content to third parties without your explicit permission. We will respect the choices you make about who gets to see your information and content. Closers may grant other Members and Nonmembers access to your content and information in accordance with this Agreement and your settings. You promise to only provide us information and content that you have the right to give us and you promise that your Closers profile will be truthful. Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). It is your responsibility to keep your information accurate and updated on Closers' services.
You will honor your payment obligations and you are okay with us storing your payment information. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Closers storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Closers does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services by contacting us at any time. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Closers' Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
If you think you have to breach this Agreement, you will let us know beforehand. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
You are okay with us providing you with important notices on our websites, mobile apps, or email. The contact information you provide must be accurate or you may not receive important notices. For purposes of service messages and notices about the Services, Closers may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Closers to an email address associated with your account, even if we have other contact information. You also agree that Closers may communicate with you through your Closers account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Closers account or services associated with Closers. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
Closers may offer the Services through applications built using Closers' platform (“Closers Applications”). Examples of Closers Applications include its smart phone applications (e.g. Closers for Android and iOS), and other interactive plugins distributed on websites across the web. Closers Applications are distinct from third party Platform Applications addressed in Section 4.2\. If you use a Closers Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Closers plugins that load in your browser may be communicated to us. Further, by importing any of your Closers data through the Closers Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Closers account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Closers through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
When you share information, others can see, copy and use that information. Closers offers various forums such as Closers industry leaderboards which are groups you can join if you operate in that industry. In such forums you can post your highlights and observations. Closers also enables sharing of information by allowing users to post content. Closers members can create Closers industry leaderboards, however, Closers, in its sole discretion, may close or transfer Closers industry leaderboards, or remove content from them or from anywhere on the Services if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members and Nonmembers and Closers cannot guarantee that other Members or Nonmembers will or will not use the ideas and information that you share on Closers, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it on Closers. Closers IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON CLOSERS.
You won’t break export laws. Your use of Closers services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
You agree that your Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through Closers, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through Closers, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Closers, are solely responsible for any endorsements or testimonials you make regarding any product or service through Closers.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Closers authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Closers or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Closers contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Closers commercially unless expressly authorized by Closers) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Closers and all related items, including any and all copies made of the Closers websites.
The General Data Protection Regulation (GDPR) is a European privacy regulation which replaces the EU Data Protection Directive called Directive 95/46/EC. The GDPR aims to strengthen the security and protection of personal data in the EU and harmonize EU data protection law. We are big fans of GDPR here at Closers because we think it gives individuals important rights over their data. Closers is committed to always operating in the best interests of our customers and this includes compliance with GDPR. Closers' policy regarding GDPR compliances can he viewed at ourData Protection & GDPR
For as long as Closers continues to offer the Services, Closers shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Closers as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. Our goal is to make the Services accessible by you a minimum of 99.7% of the time during each calendar month. Although we cannot guarantee such uptime, we have exceeded this target every month to date since our inception.
You are solely responsible for your interactions with other Members. Closers reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Closers determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
The Services include the copyrights and Intellectual property rights of Closers and except for the limited license granted to you in Section 3, Closers reserves all of its intellectual property rights in the Services. Closers' trademarks, service marks, graphics, and logos used in connection with Closers are trademarks or registered trademarks of Closers, Closers Venture Organization, or Closers Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with Closers may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
Closers shall take all reasonable and appropriate administrative, physical and technical security measures to maintain the confidentiality and integrity of customer data. You shall remain in control of your data for the purposes and in compliance with any applicable data protection act in force from time to time. You shall remain the owner of all customer-specific data (recorded data, processed data, stored data, issued data) and shall solely be entitled to dispose of them. Closers shall be under no obligation to check the data and contents stored for you in terms of the legal admissibility of their collection, processing and use; this shall remain the exclusive responsibility of you the customer. List of processors and sub-processors:
We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry leading security practices such as 2048 bit industry standard SSL, encrypted passwords, and token based authentication for the API (used by the Closers mobile apps to access the data). For more information on Closers security, view ourSecurity
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON CLOSERS OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR CLOSERS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLOSERS DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLOSERS AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CLOSERS OR ANYTHING RELATED TO CLOSERS, YOU MAY CLOSE YOUR CLOSERS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. CLOSERS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH CLOSERS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. CLOSERS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CLOSERS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. CLOSERS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CLOSERS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CLOSERS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CLOSERS SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Closers nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Closers Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US \$100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Closers. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
You may terminate this Agreement, for any or no reason, at any time, with notice to Closers pursuant to Section 9.3\. This notice will be effective upon Closers processing your notice. Closers may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Closers or the party paying for the services may terminate your access to any Premium Services. Termination of your Closers account includes disabling your access to Closers and may also bar you from any future use of Closers.
Upon termination of your Closers account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3\. (“Our Rights and Obligations”).
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than \$10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 2.8\. (“Notices and Service Messages”), we may notify you via postings on the Closers site(s) or app(s). Any notices that you provide without compliance with this section shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Closers regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Closers services, third-party content or third party software.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Closers Affiliate shall be deemed legally binding on any Closers Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Closers.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than Closers, that Closers owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
You may not assign or delegate any rights or obligations under the Agreement without our prior written consent. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Closers for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
Here’s a list of some of the specific things we ask you to do and not do on Closers..
Here’s a list of some of the specific things we ask you to do and not do on Closers..
If you have any questions or feedback, or need to reach our Data Protection Officer, please reach out to our support team by email at[email protected]