These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Kaizen Sales LLC, a New Mexico limited liability company ("Kaizen Sales," "we," "us," or "our").
By visiting our website, submitting a contact form, scheduling a call, or entering into any service agreement with Kaizen Sales, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
Kaizen Sales LLC provides the following professional services to digital education companies, infoproducers, coaches, and B2B businesses:
Specific deliverables, timelines, compensation structures, and terms are defined in individual Service Agreements executed between Kaizen Sales and each Client.
To use our services, you must:
By using our services, you represent and warrant that you meet all eligibility requirements.
All service engagements are governed by individual written Service Agreements. These Terms supplement, but do not replace, any signed Service Agreement. In the event of conflict, the Service Agreement prevails.
Any changes to scope, deliverables, or compensation must be agreed upon in writing by both parties through a written amendment to the Service Agreement.
Clients are responsible for:
For commission-only engagements, Kaizen Sales earns a percentage of revenue successfully closed by our closers. Commission rates, payment schedules, and tracking methods are defined in the Service Agreement.
Retainer fees are due as specified in the Service Agreement (typically monthly, in advance). Commission payments are calculated and remitted per the agreed schedule (typically monthly or bi-weekly).
Revenue figures and commission calculations must be disputed in writing within 15 days of receiving the commission statement. Undisputed amounts are considered accepted.
Both parties agree to maintain strict confidentiality regarding the other's non-public business information, including but not limited to: business strategies, client data, sales scripts, financial information, and proprietary methodologies.
This confidentiality obligation survives termination of the engagement for a period of 3 years, unless otherwise specified in the Service Agreement or required by law.
All proprietary sales methodologies, training frameworks, scripts, and processes developed by Kaizen Sales prior to or independent of any client engagement remain the exclusive property of Kaizen Sales LLC.
All client-provided materials, branding, product information, and pre-existing business assets remain the exclusive property of the client.
Custom scripts, frameworks, or materials developed specifically for a client under a paid engagement are owned by the client upon full payment of all fees, unless otherwise specified in the Service Agreement.
All content on kaizensales.net — including text, graphics, logos, and design — is the property of Kaizen Sales LLC and protected by copyright law. Reproduction without express written permission is prohibited.
You agree NOT to use our website or services to:
NO GUARANTEE OF RESULTS. While Kaizen Sales has a strong track record of delivering outstanding results, we cannot guarantee specific revenue outcomes, close rates, or business performance. Results depend on numerous factors including offer quality, lead quality, market conditions, and client cooperation.
OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAIZEN SALES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KAIZEN SALES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such cases, our liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Kaizen Sales LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
Termination provisions specific to each engagement (notice periods, wind-down procedures, final commission payments) are detailed in the individual Service Agreement.
Either party may terminate a service engagement for material breach if the breach is not cured within 15 days of written notice. Obligations that by their nature survive termination (confidentiality, IP ownership, indemnification, payment of outstanding fees) shall continue to apply.
Kaizen Sales reserves the right to refuse or terminate website access for any user engaging in conduct that violates these Terms.
These Terms are governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Albuquerque, New Mexico, administered by the American Arbitration Association under its Commercial Arbitration Rules.
You waive any right to a jury trial or to participate in a class action lawsuit for disputes covered by this agreement.
We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last Updated" date and, where appropriate, posting a notice on our website. Your continued use of our website or services after changes take effect constitutes acceptance of the revised Terms.
For questions about these Terms or any legal matters, please contact:
Kaizen Sales LLC
1209 Mountain Road Pl NE, Ste R
Albuquerque, NM 87110, USA
Email: info@kaizensales.net
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