Welcome to Leadership Choice. We’re glad you’re here, and we hope you enjoy everything we have to offer. Please read these Terms carefully because they are a binding agreement between You and Leadership Choice.com, LLC, (“Leadership Choice” or “We”).
These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Sites.
Please note that we offer many services. Your use of Leadership Choice products or services are provided by Leadership Choice pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.
A. Your Accounts
You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old or be accompanied by a person 18 years or older. You must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
In some cases, an account may be assigned to you by an administrator, such as your employer or an affiliated institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
C. Modifications and Termination
We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We may change Leadership Choice Materials or these Terms, or discontinue Leadership Choice Materials at any time, without advance notice, at our sole discretion, for any or no reason, except as previously committed in an Agreement with You. We may assign any Agreement (rights and obligations) to an affiliated entity or an acquirer of all or substantially all our assets, with notice to You.
D. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assignees an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, analyze, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Sites or services.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
E. Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
F. Your Use of the Sites and Materials
Please do not use the Sites and Materials in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).
It should be common sense, so we won’t bore you with a list of things you shouldn’t do. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.
Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.
You must keep all Leadership Choice Materials confidential and apply security measures to protect confidentiality that are reasonable under the circumstances and no less effective than measures you apply to protect Your own trade secrets and confidential financial information. You may not share or provide access to any Leadership Choice Materials with anyone within or outside Your organization, except individual persons who we accept and authorize in writing.
You must not access or use any of our Sites or Leadership Choice Materials if you personally – or the company or organization you represent – provide development services, training, consulting, coaching or any services or materials that are substitutable for, or competitive to, any Leadership Choice Materials (“Competitive Activities”). Without limiting the generality of applicable confidentiality obligations, You must not provide access to, or information about, any Leadership Choice Materials to any individuals or organizations that pursue Competitive Activities. If You are unclear or in doubt whether this section applies in a particular scenario, You have to notify us and seek written consent from us. If You violate any aspect of this section, You commit a material breach of our Agreement and any and all licenses and permissions relating to access and use of Leadership Choice Materials automatically terminate with the consequence that any further access and use may constitute a violation of applicable laws, including, without limitation, U.S. and foreign copyright laws, trade secret laws and the U.S. Computer Fraud and Abuse Act.
I. Warranty Disclaimer
We provide Leadership Choice Materials ‘as is,’ without any express or implied warranties or representations. Your access and use of Leadership Choice Materials is at your sole risk. We disclaim any warranties to the maximum extent permitted under applicable law, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement, title and quiet enjoyment. In particular, we do not warrant that Leadership Choice Materials will meet any or all of your requirements or expectations, that online tools and services are accessible at all times, that Leadership Choice Materials will function uninterruptedly, timely, secure or error-free or that all errors in Leadership Choice Materials will be corrected. We do not represent or warrant that Leadership Choice Materials are accessible from all devices, or at all times, even if You meet all of our website specific technical requirements.
J. Limitation of Liability
To the maximum extent permitted by applicable law, we disclaim and exclude all liability of Leadership Choice, LLC and their respective directors, officers, employees, affiliates and subcontractors for any indirect, consequential, incidental, exemplary damages or loss of profits, whether derived from torts, breaches of contract, culpa in contrahendo, positive breach of duty or any other legal theory. Direct damages shall be limited to the amount of fees that You paid to us in the 12 month period preceding the time when we received Your written notice of claim.
K. Choice of Law and Arbitration
These Terms, our Agreement and any dispute arising out of or related to these Terms, our Agreement or Leadership Choice Materials, shall be governed by Arizona law, except conflicts of law rules. Any such dispute shall be finally settled by arbitration under the rules and auspices of the American Arbitration Association in Phoenix, Arizona, except that either party may seek injunctive relief in any court of competent jurisdiction. The party that ultimately prevails in arbitration or courts shall be entitled to reimbursement for arbitration and court fees as well as reasonable attorney’s fees.