MyLeadershipConversations.Com – Terms and Conditions of Use
Thank you for your interest in My Leadership Conversations (the “Program”), a subscription-based online learning tools and information to improve leadership and conversation relating to being a leader provided by Leadership Conversation, LLC (“LEADERSHIP CONVERSATION”, “us”, “our”, or “we “). The Program is based the processes and approaches contained in the book “Leadership Conversations – Challenging High-Performing Managers to Become Great Leaders” and adapts it for individual use for their benefit and the benefit of their teams and organization.
The MyLeadershipConversations.Com website and related websites, services and applications (collectively, the Sites”) are maintained by LEADERSHIP CONVERSATION and made available as a service to members of the Leadership Conversations (“Members”). As Member, you’ll gain full access to the Sites and assessment tools to improve leadership skills that includes: multi-level assessments of leadership skills, opportunities to mentor or be mentored in leadership, courses in leadership skills; community features where members can connect and share stories and tips, as well as ask for advice from Leadership Conversation experts; other tools to improve leadership skills including daily tips; and other features that come with Leadership Conversation membership.
As described in greater detail below, to become a Member you will sign up for an initial monthly membership period and will be charged the applicable subscription fee (if any) for that month. At the conclusion of the initial month, unless you cancel, your membership will automatically continue and renew on a monthly basis and you will be billed for each month thereafter until you cancel. You can cancel at any time, in which case you won’t be refunded the subscription charge for the current month, but you’ll have Member access through the end of that month and won’t be billed again. After the initial month there is no minimum membership period. Our membership, billing, cancellation and refund policies are set forth in more detail in Section 1 below.
By signing up to become a Member of the Leadership Conversation and using the Sites you agree to the terms of conditions of membership and use of the Sites provided below (the “Terms and Conditions”), so please take a moment to review them before you sign up and begin your life-changing transformation! If you do not agree with these Terms and Conditions, you should not use the Sites or become a Member.
As between Leadership Conversation and You, Leadership Conversation owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Site, Services and Content. You acknowledge Leadership Conversation’s valid intellectual and proprietary property rights in the Site, Services, and Content and that your use of the Site and Services is limited to the access, viewing and downloading of Content, all solely as authorized by Leadership Conversation. As a user of the Sites, you agree that you shall only download and/or use Content solely for your personal, non-commercial use. You may not use the Content in any matter inconsistent with these Terms and Conditions or applicable law, and you may not copy, modify or alter the Content without LEADERSHIP CONVERSATION’s express prior written consent.
The process of becoming a Member requires the provision of certain personal information related to your management/leadership status in order to gain access to the Sites as described in greater detail. Our collection and use of this information is governed by our privacy policy, which is incorporated into and made a part of these Terms and Conditions. By becoming a Member and using the Sites you agree that you have read our privacy policy and agree to be bound its terms.
1. Offer, Payment and Billing Terms
2. Message Boards, Email, Monitoring Third Party Content
3. General Terms and Conditions
1. OFFER, PAYMENT AND BILLING TERMS AND CONDITIONS
A. MEMBERSHIP TERM AND RENEWAL: When you sign up to become a Member, you will select and agree to an initial one month membership period, provided, however, you will be provided an initial three month membership for free during the current introductory period; this free offer may be modified or withdrawn at any time for non members. At the expiration of your free three month subscription described below, you will be asked to provide a credit card for the first monthly fee and your credit card will be charged within two days of your providing your credit card information. Upon expiration of the initial one month paid membership, every membership is automatically converted to a month-to-month membership which will continue and renew automatically until cancelled and you will be billed the applicable renewal fee at the outset of each renewal period. Your membership will automatically renew at the end of the initial period for successive monthly renewal periods unless you cancel and you will be billed the applicable renewal fee on the same date of the month at the beginning of the next month thereafter. You are financially responsible for all associated subscription fees until notice of cancellation is received by LEADERSHIPCONVERSATION, subject to the provisions of Section 1.B. The terms of specific special initial three month enrollment offer are set forth in Section 1.E below.
B. CANCELLATION POLICY: You may cancel your subscription at any time. , Cancellation will become effective at the end of the then-current month and will not be renewed at the conclusion of that period. You can cancel in one of three ways. To cancel online: log in to your account, click on the “My Account” page, and then click to cancel your membership. To cancel via email: send a message to customerservice@MyLeadershipConversations.Com. You will receive confirmation that your membership has been cancelled. If you cancel during a month, you will not be entitled to a refund of the membership fee for that month.
C. AUTOMATIC RENEWAL: After the initial monthly membership term ends, membership will automatically renew on a monthly basis. Membership will renew on the day after your previous monthly membership ends, and renew on the same date of the month at the beginning of the next month thereafter. You may cancel your subscription at any time in accordance with Section B above. There is no minimum number of membership terms that you must purchase. After your initial membership term, your credit card will be automatically charged on monthly basis for as long as you remain a Member.
D. PAYMENT AND BILLING POLICIES: PLEASE NOTE THAT WE ONLY ACCEPT CREDIT CARD PAYMENTS AND DO NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME. YOU AGREE TO NOTIFY LEADERSHIP CONVERSATION IMMEDIATELY IN WRITING OR VIA EMAIL (AT CUSTOMERSERVICE@MYLEADERSHIPCONVERSATIONS.COMIF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO LEADERSHIP CONVERSATIONWHEN YOU REGISTERED FOR MEMBERSHIP IS A DEBIT CARD NUMBER.
Certain products or Services, including but not limited to enrollment in the MyLeadershipConversations.Com, may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by LEADERSHIP CONVERSATION to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide LEADERSHIP CONVERSATION with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you open a Member subscription account on any of the Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. LEADERSHIP CONVERSATION reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon notice to Members.
If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of LEADERSHIP CONVERSATION’s obligations under this Agreement. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
To review the billing terms of your account, you may email CustomerService@MyLeadershipConversations.Com.
E. SPECIAL OFFERS: From time to time, the following special offers, among others, may be made by LEADERSHIPCONVERSATIONS. The listing of these offers does not indicate that they are available to you now or that they will ever be made to you or any other Members or potential Members. These offers shall only be available to you if you receive a valid offer from LEADERSHIPCONVERSATIONS. If you have agreed to one of these special offers, the following terms and conditions apply:
i. RISK FREE THREE MONTH TRIAL: Limited Time “Risk Free Three Month Trial” Subscription offers of specific durations are subject to the terms and conditions as follows:
1. To accept the risk free three month trial subscription promotion, you will be required to provide basic information to be able to register, however, you will not be required to provide a credit card until your risk free three month trial subscription expires and you must register as a Member, including choosing an account username and password that will be assigned to your account.
2. Acceptance of this offer allows you to cancel your membership during the risk free trial period of the first subscription period and prior you providing a credit card, therefore, your credit card will not be charged.
3. At the expiration of your risk free three month trial subscription, if you wish to continue your subscription, you will need to provide a credit card to continue your subscription. If you continue your subscription, the credit card you have provided will be charged a monthly membership fee, billed within two days of your initial monthly subscription and your subscription will automatically renew per the terms outlined in Section 1.C after your initial membership term.
4. Cancellations are controlled by Section 1.B.
5. Of course, you may cancel your membership at any time during any subscription period; however, NO REFUNDS will be given except as expressly outlined herein and in Section 1.B above.
ii. NO CREDIT CARD PROMOTION The “No Credit Card” offer allows you free membership and access to the Sites for three months. To accept such a free three month membership, you will not be required to provide a credit card or any other payment, but you must register as a Member, including choosing an account username and password that will be assigned to your account. Your free membership will expire at the end of the three month period unless you sign up for an initial monthly subscription by agreeing to the terms described above and submitting a valid credit card in the Subscription Information portion of the Account Info area. If you do not sign up for either of these plans by the conclusion of the three month period, your membership will be canceled.
2. MESSAGE BOARDS, EMAIL RULES, MONITORING AND THIRD PARTY CONTENT
A. MESSAGE BOARDS: Message Boards on the Sites will contain information that can be posted and viewed by anyone on the Sites and the Internet. LEADERSHIP CONVERSATION does not endorse any information posted on the Message Boards. Please consult an accountant, lawyer or other relevant expert (depending on the nature of the information) before practicing anything you read on the Message Boards or using any information from the Message Boards. LEADERSHIP CONVERSATION is not responsible for the information posted on the Message Boards or for editing any factual errors or making any type of corrections to information presented on the Message Boards. Any action taken by a viewer of the Message Boards based on information presented on the Message Boards is at your own risk.
In using our Message Boards you agree to follow our Community Guidelines that includes these provisions:
Respect everyone’s opinions. No profanity or explicit content. No posts, including pictures that might be considered “inappropriate.” No posts that could be interpreted as threatening or harassment. Do not post any information that is confidential under federal or state law. Do not post any information or other data, which is or could be deemed to be confidential or proprietary under any agreement with any Person. No third party solicited advertising or product promotion is permitted (although you may recommend third party products that are directly related to leadership). LEADERSHIP CONVERSATION has the right to remove a post if it does not meet these standards, but not the obligation to do so. You have the right to edit any of your posts. If you have started a thread (such as a journal) that you want to close, please post a message indicating “THREAD CLOSED.” We do not typically delete threads on request. Understand that posts made by members do not reflect the views of LEADERSHIP CONVERSATION. Posts submitted to the Sites’ Message Boards are not considered confidential. These posts may be used by LEADERSHIP CONVERSATION for any purpose without requiring permission from the originator.
B. EMAIL RULES: Some of our members will make their email addresses available if they wish to converse with others users. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Members found using email information in this manner may, at the sole discretion of LEADERSHIP CONVERSATION, have their membership cancelled without notice. LEADERSHIP CONVERSATION is not responsible for the content of email messages sent by a Member or from a third party.
C. MONITORING: Notwithstanding anything to the contrary herein, LEADERSHIP CONVERSATION has no obligation to monitor the Sites. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with LEADERSHIP CONVERSATION’s privacy policy. Furthermore, LEADERSHIP CONVERSATION reserves the right at all times to disclose any information posted on any portion of the Sites as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in LEADERSHIP CONVERSATION’s sole and absolute discretion are objectionable or in violation of these Terms and Conditions.
D. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Sites or on Sites that are linked to the Sites, including information providers, are those of the respective third parties, and not LEADERSHIP CONVERSATION. LEADERSHIP CONVERSATION does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, LEADERSHIP CONVERSATION neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or on any site that might be linked to the Sites by anyone other than an authorized LEADERSHIP CONVERSATION representatives acting in their official capacity.
3. GENERAL TERMS AND CONDITIONS
A. MINIMUM AGE REQUIREMENTS: You must be 18 years of age or older to sign up for this program and access the Sites.
B. COMMUNICATIONS: You agree that as part of the service provided on the Sites, you shall receive periodic email communications from LEADERSHIPCONVERSATION. You affirmatively consent to receive those emails.
C. SUBMISSION POLICY: By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, ” Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to LEADERSHIP CONVERSATION shall be considered fully paid-up and royalty free. In addition, under no circumstances shall LEADERSHIP CONVERSATION have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of administrative responsibilities of the Service, or a transfer of all or any portion of LEADERSHIP CONVERSATION’s business through a merger, sale, transfer or license of all or substantially all of the assets of LEADERSHIPCONVERSATION, nor shall the sale or barter of advertising or sponsorship on any of the Sites or any other product sales give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on LEADERSHIP CONVERSATION’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
D. ACCOUNTS, PASSWORDS and SECURITY: If any of the Sites require you to open an account, you must complete the registration process by providing LEADERSHIP CONVERSATION with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to LEADERSHIP CONVERSATION that is untrue, inaccurate, not current or incomplete, LEADERSHIP CONVERSATION reserves the right to terminate this Agreement and your continued access and use of the Sites.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify LEADERSHIP CONVERSATION immediately of any unauthorized use of your account or any other breach of security. LEADERSHIP CONVERSATION will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by LEADERSHIP CONVERSATION or another party due to someone else using your account or password.
E. LIMITED LICENSE: LEADERSHIP CONVERSATION grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the services thereon. Unless otherwise specified in writing, the services are for your personal and non-commercial use.
F. PROHIBITED ACTIVITIES: In connection with your use of the Sites, you acknowledge and agree that you will not:
i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites;
ii. access the Sites by any means other than through the standard industry-accepted or LEADERSHIPCONVERSATION provided or authorized interfaces;
iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
iv. impersonate any person or entity, including without limitation, an LEADERSHIP CONVERSATION official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
v. post or transmit any material that contains a virus or corrupted data;
vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
vii. use any of the Sites’ communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
viii. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation information such as opinions or notices, commercial or otherwise;
ix. violate any applicable local, state, national or international law;
x. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
xi. delete or revise any material posted by any other person or entity;
xii. manipulate or otherwise display the Sites by using framing or similar navigational technology;
xiii. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any LEADERSHIP CONVERSATION product or service if you are not expressly authorized by such party to do so; or
xiv. use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair LEADERSHIP CONVERSATION’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, services, accounts, computer systems or networks connected to LEADERSHIP CONVERSATION through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
G. Infringement Policy: LEADERSHIP CONVERSATION respects the intellectual property of others, and we ask our users to do the same. LEADERSHIP CONVERSATION, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site or Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. LEADERSHIP CONVERSATION accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property; please send a written notice to the agent identified below to request a review of the alleged infringement:
By e-mail: customerservice@www.myleadershipconversations.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LEADERSHIP CONVERSATION to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
H. DISCLAIMER OF WARRANTIES: THE SITES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO THE MYLEADERSHIPCONVERSATIONS.COM, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEADERSHIP CONVERSATIONAND ITS AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SITES SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES IS ENTIRELY AT YOUR OWN RISK.
I. RELEASE: YOU AGREE THAT NEITHER LEADERSHIP CONVERSATION NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS (“RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES OR ITS SERVICES. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS’ FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
J. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITES THAT NEITHER LEADERSHIP CONVERSATION AND ITS SUBSIDIARIES, NOR THEIR RESPECTIVE MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, or (vii) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL LEADERSHIP CONVERSATION’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
K. NOTICES: LEADERSHIP CONVERSATION may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U.S. Mail to the street address provided by you at the time you become a member. LEADERSHIP CONVERSATION will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address: Leadership Conversation, 8513 Rapley Preserve Circle, Potomac, Maryland, 20854.
L. GEOGRAPHIC LIMITS OF SERVICE: LEADERSHIP CONVERSATION makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside the United States, its territories and possessions. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. LEADERSHIP CONVERSATION reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire. The MyLeadershipConversations.Com Site is not available or intended for use by residents of the province of Quebec, Canada.
M. TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that LEADERSHIP CONVERSATION, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely.
N. INDEMNIFICATION: You agree to defend, indemnify and hold harmless LEADERSHIP CONVERSATION and its parent and subsidiary companies and divisions, affiliates and respective members, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any material posted or otherwise provided by you (including without limitation Submission Materials), or any other user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Sites; and (c) any breach of any of the representation, warranties or other terms or conditions relating to use of your Submission Materials.
O. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under this Agreement without LEADERSHIP CONVERSATION express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.
LEADERSHIP CONVERSATION may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.
P. Binding Arbitration of All Disputes: We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Sites, (ii) any purchases or other transactions or relationships with LEADERSHIP CONVERSATION, or (iii) any Submission Materials or other data or information you may provide to LEADERSHIP CONVERSATION or that LEADERSHIP CONVERSATION may gather in connection with such use, interaction or transaction (collectively, “LEADERSHIP CONVERSATION Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Sites, or engaging in any other LEADERSHIP CONVERSATION Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our the Sites, you agree that any complaint, dispute, or disagreement you may have against LEADERSHIP CONVERSATION, and any claim that LEADERSHIP CONVERSATION may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions, our respective privacy policies, or any LEADERSHIP CONVERSATION Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, LEADERSHIP CONVERSATION agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Paragraph Q, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 3.Q shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
a) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and LEADERSHIP CONVERSATION (the “Arbitrator”);
b) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in Section 3.Q hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
c) the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and LEADERSHIP CONVERSATION; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
d) the Arbitrator (i) shall apply internal laws of the State of Maryland consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Maryland or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
e) the Arbitration can resolve only your and/or LEADERSHIP CONVERSATION’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
f) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
g) in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, LEADERSHIP CONVERSATION will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
h) in the event you recover an Award greater than LEADERSHIP CONVERSATION’s last written settlement offer, the Arbitrator shall also have the right to include in the Award LEADERSHIP CONVERSATION’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but LEADERSHIP CONVERSATION shall in all events bear their own respective attorneys’ fees; and
i) with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor LEADERSHIP CONVERSATION shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
j) LEADERSHIP CONVERSATION may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after LEADERSHIP CONVERSATION has given notice of such modifications and only on a prospective basis for claims arising from LEADERSHIP CONVERSATION Transactions and Relationships occurring after the effective date of such notification.
k) Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against LEADERSHIP CONVERSATION in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
Q. Notice for California Users: Under California Civil Code Section 1789.3, California users of the Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Updated on Feb 28, 2011
R. MISCELLANEOUS TERMS AND CONDITIONS: These Terms and Conditions constitute the entire agreement and understanding between you and LEADERSHIP CONVERSATION and governs your use of the Sites, superseding any prior agreements between you and LEADERSHIP CONVERSATION. These Terms and Conditions and the relationship between you and LEADERSHIP CONVERSATION shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions. Any court action arising from, relating to or in connection with these Terms and Conditions will be brought exclusively in the federal or state courts located in Maryland, Maryland, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. The failure of LEADERSHIP CONVERSATION to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by LEADERSHIP CONVERSATION of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.