Last Updated November, 2015
Leadership Counseling Services, LLC (“LCS”, “we” or “us”) is pleased to have the opportunity to provide services to You. Your use of inside8.com, any mobile site and applications, and any of the features of the website (collectively, the “Website”) constitutes your agreement to be bound by these Terms and Conditions (“Terms”). If you do not wish to be bound by these Terms, you may not access or use this Website. “You”, “Your” and “User” refers to the individual accessing the Website.
1. Scope of Terms
This Website and all content and information provided therein (“LCS Content”) may be used only under these Terms. User represents and warrants that it possesses the legal right and ability to enter into the Terms and use the Website in accordance with the Terms.
LCS reserves the right to modify the Terms at any time, which shall become effective immediately upon posting, without further notice to User. It is your responsibility to review these Terms prior to each use of the Website, and User’s continued access or use of this Website after modifications have become effective shall be deemed conclusive acceptance of the modified Terms.
LCS has the exclusive right to control accessibility, hours of use, features on the Website, and any other information found on the Website. LCS can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. LCS reserves the right, but shall not be obligated, to monitor use of the Website.
User is solely responsible for providing the equipment related to accessing the Website, including but not limited to all computer, remote communications equipment, telephone, and other equipment.
2. User Account and Limitations
Certain features and areas of the Website may be available only with registration and login. If You are required to register and select a login and password (“Login Information”), You must keep Your Login Information confidential. Your Login Information is personal to You, and You may not allow any third party to use it under any circumstances. LCS is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of Your Login Information. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through a Website registration or when accessing Website content. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by You, LCS reserves the right to terminate Your access and use of the Website.
LCS is not responsible for and makes no warranties, express or implied, as to any information submitted by users through the Website (“User Content”). User content may be edited, removed, modified, published, transmitted, and displayed by LCS and you waive any rights you may have in having the material altered or changed in a manner not agreeable to You.
You grant LCS a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the User Content, which includes without limitation the right for LCS or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any User Content posted by You on or to the Website, including any User Content posted on or to the Website through a third party.
Users may not do any of the following while using the Website: Interfere with another user’s use and enjoyment of the Website; upload any message, information, data, text, software, graphic files, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, sexually, ethnically, or otherwise objectionable; upload Content that contains a virus, corrupted file, or other harmful component; impersonate any person or entity, including but not limited to LCS personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name; intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of the Website; or upload any Content that violates or infringes any patent, trademark, trade secret, copyright, privacy or any right, of whatever nature, of anyone.
If you violate any of the terms of this Section, your permission to use the Website automatically terminates.
3. Proprietary Rights
Copyright © 2015 Leadership Counseling Services, LLC. All rights reserved. The information and material provided on this Website is provided as a service to the public and are to be used for personal informational purposes only. No content from this Website may be copied, uploaded, posted, transmitted, distributed or reproduced in any way, except that users, subject to any express restrictions relating to specific content, may display, download or print portions of the content solely for user’s own non-commercial use. User agrees not to alter any proprietary notices from content downloaded from the Website.
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website and the LCS Content, conditioned on Your continued acceptance of, and compliance with the Terms.
LCS’ trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “LCS Marks”) are exclusively owned by LCS and may not be used without the express prior written permission of LCS.
4. Inside8.com Blog
If You login to use the Inside8.com Blog (Blog), you will be required to accept the Community Code of Conduct, which is incorporated in and made a part of these Terms.
5. Inside8 Assessment (Assessment)
If You register to take the Assessment and become part of the Assessment forum, you will be required to accept the Assessment Data Use Terms, which are incorporated in and made a part of these Terms. There is a fee associated with taking the Assessment. LCS attempts to be as accurate as possible in the description of the Assessment provided on the Website. However, LCS does not warrant that such descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. Prices and availability on the Website are subject to change without notice. Errors on the Website or any other communication from LCS will be corrected when discovered, and LCS reserves the right to revoke any offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your account has been charged. If your account has already been charged for the purchase and your order is cancelled, LCS will issue a credit to your account in the amount of the charge.
Refund policy. Except as otherwise agreed by LCS, no refunds will be issued for purchases made through the Website.
Paying for your online order. You may pay for your orders with LCS using a Visa, MasterCard, or American Express account. You can place your orders through the shopping cart on the website. After you place an order, we will check the information you give us for validity, by verifying your method of payment and billing address. LCS does not retain any credit card information on the Website or otherwise. LCS only uses your credit card information to process the transaction you have requested. We reserve the right to reject any order you place with us, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Website without notice or liability.
6. Third Party Links and Content
As a convenience to our users, our Website may include links to other web sites and third party content, including advertisements for third party products or services. Inclusion of any third party link or content does not imply an endorsement or recommendation by LCS. Any mention on the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by LCS. LCS assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the Website are solely between the User and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings.
7. Digital Millennium Copyright Act . If You believe that any content on the Website infringes upon Your copyrights, You may notify LCS pursuant to the Digital Millennium Copyright Act (“ DMCA “) by providing the following information in writing (17 U.S.C. 512(c)(3):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit LCS to locate the material;
Information reasonably sufficient to permit LCS to contact You, such as an address, telephone number, and, if available, an electronic mail;
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 owner, its agent, or the law; and
A statement that the information in the notification 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.
Please send any notifications to LCS’ DCMA designated agent: Sean Murphy.
8. Notice Regarding Solicitation, Prices, Specifications and Related Information
The information contained on this Website may contain products, specifications, services, and prices that are not available in your state or local market. This information does not constitute an offer to sell real property, and is not intended as a solicitation of users residing in states where LCS and its affiliates are not authorized to conduct business. This information is for informational purposes only, and does not constitute a warranty of any product or service provided by LCS.
9. Disclaimers and Limitation of Liability
LCS takes reasonable efforts to ensure the information contained on this Website, including pricing and availability, is accurate. However, LCS does not warrant the completeness or accuracy of such information, which is subject to change without notice. LCS cannot accept responsibility or liability for actions taken as a result of the use of this Website.
USER ACCESSES THIS WEBSITE AT HIS OR HER OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING, TRADE OR PERFORMANCE, ARE SPECIFICALLY DISCLAIMED. NEITHER LCS NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROVISIONS IN THIS SECTION ARE APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF LCS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. USER AGREES THAT LCS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS WEB SITE.
10. Dispute Resolution
Your use of this Website, and any disputes arising out of such use, shall be governed by the laws of the State of Illinois, without regard to choice of law provisions. Any claims or disputes relating to the Website shall be resolved exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (AAA) and the arbitration shall occur in the State of Illinois, County of Cook, unless LCS expressly consents in writing to a different location. The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in the State of Illinois, County of Cook, unless LCS expressly consents to a court in different jurisdiction. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, except with our LCS’ express written consent. THESE TERMS AND CONDITIONS PROVIDE THAT ALL CLAIMS OR DISPUTES REGARDING THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT LCS EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. Any disputes regarding the arbitration provisions shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Illinois, County of Cook. Each party will bear their own costs in connection with the arbitration.
11. Representations and Warranties; Indemnification
User understands and agrees that he or she is personally responsible for his or her behavior on the Website.
User represents, warrants and covenants (a) that no User Content of any kind submitted by You to the Website will (i) violate, plagiarize, or infringe the rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old.
User hereby indemnifies, defends and holds harmless LCS, and all officers, directors, owners, agents, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of your use of the Website, and/or any breach by You or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall reasonably and fully cooperate as reasonably requested by LCS in the defense of any such claim. LCS reserves the right, at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by You.
LCS may terminate access to this Website or cancel any service that LCS provides on the Website, for any reason in its sole discretion, including without limitation, if User breaches these Terms in any way or engages in conduct that LCS deems inappropriate.
These Terms and the policies incorporated by reference herein constitutes the entire agreement between LCS and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between LCS and User dealing with the subject matter hereof is superseded.
Upon User’s breach of the Terms, LCS may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages as well as injunctive relief. LCS’ remedies are cumulative and not exclusive. Failure of LCS to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
User agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
LCS may also contact you with information on promotional offers or incentives based on information you have provided. However, you may at any time “opt-out”. You may do so by going to this opt-out link, or by contacting us at firstname.lastname@example.org.
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