Leadership Inspirations

TERMS OF USE

Thank you for using Leadership Inspirations!

These Terms of Use (“Terms”) are a legal contract between you (“you” and “your”) and Leadership Inspirations regarding your use of any services and content provided by or through Leadership Inspirations (“Services”).  Visitors and users of the Services are referred to individually as “User” and collectively as “Users.”

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS.

Using Leadership Inspirations

Who May Use Our Services

You may use our Services only in compliance with these Terms and all applicable laws.  Any use or access by anyone under the age of 13 is prohibited, except that students may use services through their school as detailed in our Privacy Policy.  Certain regions and Content Offerings may have additional requirements and/or restrictions.  These Terms incorporate the Privacy Policy.

Our License to You

Subject to these Terms, course-specific eligibility requirements, and other terms that may apply to particular Services, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services.  You may download content from our Services only for your personal, non-commercial use, unless you obtain express written permission from Leadership Inspirations to otherwise use the Services.  You also agree that you will create, access, and/or use only one User account, unless expressly permitted in writing by Leadership Inspirations, and you will not share with any third party access to or access information for your account.  Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Content Offerings

Changes to Content Offerings

Leadership Inspirations offers programs and content (“Content Offerings”) developed by Leadership Inspirations and other providers (“Content Providers”).  Leadership Inspirations reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings.

No Academic Credit

Unless otherwise expressly permitted in writing by a third-party institution that grants academic credit, your participation in or completion of a Content Offering does not confer any academic credit.

Your Content

We welcome your ideas, suggestions, comments, and other feedback regarding the Services (“Feedback”).  By submitting any Feedback, you grant Leadership Inspirations the right to use the Feedback without any restriction or any compensation to you.

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, coaches, other Users, and/or other third parties and links to websites and services maintained by third parties.  Leadership Inspirations cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein.  Leadership Inspirations disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.

Copyright and Trademark Policy

Leadership Inspirations respects the intellectual property rights of our Users, Content Providers, and other third parties and expects our Users to do the same when using the Services.  

If you believe in good faith that materials on the Services infringe your copyright, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

  1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Leadership Inspirations to locate the material on the Services, including the URL of the location containing the material that you claim is infringing if applicable.
  4. the name, address, telephone number, and email address of the complaining party;
  5. a statement that the complaining party has 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
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA.  Notices and counter-notices with respect to the Serves can be sent via mail: 

Leadership Inspirations
P.O. Box 696
Yorba Linda, CA  92885

We suggest that you consult your legal advisor before filing a notice.  Also, be aware that there can be penalties for false claims under the DMCA.

Leadership Inspirations and associated trademarks, logos and design elements are owned by Leadership Inspirations.  All rights reserved.

Security

We care about the security of our Users.  While we work to protect the security of your account and related information, Leadership Inspirations cannot guarantee that unauthorized third parties will not be able to defeat our security measures.  Please notify us immediately of any compromise or unauthorized use of your account.

Modifying and Terminating our Services

Leadership Inspirations is constantly seeking to improve the Services.  We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether.  Accordingly, Leadership Inspirations may terminate your use of any Service for any reason.  If your use of a paid Service is terminated, a refund may be available.  We may not be able to deliver the Services to certain regions for various reasons, including applicable export control requirements or internet access limitations.  None of Leadership Inspirations, its Content Providers, personnel, instructors, coaches, and other business partners, and their employees, officers, contractors, and other agents (the “Leadership Inspirations Parties”) shall have any liability to you for any modification or termination of any Service.

Disclaimers

The Services and all included content are provided on an “as-is” and “as-available” basis without warranty of any kind, whether express or implied.  The Leadership Inspirations Parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.  

The Leadership Inspirations Parties further disclaim any and all liability related to your access or use of the Services or any related content.  You acknowledge and agree that any access to or use of the Services or such content is at your own risk.

Limitation of Liability

To the maximum extent permitted by law, the Leadership Inspirations Parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (A) your access to or use of or inability to access or use the Services; (B) any conduct or content of any party other than the applicable Leadership Inspirations Party, including without limitation any defamatory, offensive, or illegal conduct; (C) any negligent act or failure to act by any Leadership Inspirations Party; (D) unauthorized access, use, or alteration of your content or information.  In no event shall Leadership Inspirations’s aggregate liability for all claims related to the Services exceed the greater of one hundred dollars ($100.00) or the total amount of fees received by Leadership Inspirations from you for the use of paid Services during the past six months.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and the Leadership Inspirations Parties, and that these limitations are an essential basis to Leadership Inspirations’s ability to make the Services available to you on an economically feasible basis.

You agree that any cause of action related to the Services must commence within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

Indemnification

You agree to indemnify, defend, and hold harmless the Leadership Inspirations Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to:  (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Feedback, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws provisions.

Dispute Resolution

Any and all actions or claims by, between, or among Leadership Inspirations and User, which arise out of or in any way relate to these Terms (“Disputes”) shall be governed by these dispute resolution provisions.  Disputes include any claim or cause of action whether arising in law, equity, tort, contract, statute, or otherwise, and include issues concerning the enforceability and interpretation of this provision.

In the event of a Dispute, the parties shall, in good faith, first attempt to resolve the Dispute by mediation.  The mediation shall be conducted by a single mediator employed by Judicial Arbitration and Mediation Services (“JAMS”), in accordance with the rules established by JAMS.  The mediation shall be held in Orange County, California.  JAMS’s mediation fees shall be shared equally by the parties.  

If mediation fails to resolve the Dispute, the parties shall proceed to arbitrate the Dispute pursuant to the Federal Arbitration Act and in accordance with the procedures set forth in this section.  The arbitrator shall be a retired judge (“Arbitrator”) from JAMS.  The arbitration shall be conducted by JAMS’s rules of arbitration in effect at the time of the initiation of the arbitration.  The Arbitrator’s fees and costs and JAMS’s administration fees and costs shall be shared equally by the parties; the Arbitrator, however, shall have the sole authority to allocate the Arbitrator’s fees and costs and JAMS’s administration fees and costs in the Arbitrator’s final award.  This provision does not modify any other provisions of these Terms requiring indemnification.

If any provision of these dispute resolution provisions shall be determined by the Arbitrator or by any court to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable and enforceable according to their terms.  In the event the Arbitrator or any court determines that a Dispute cannot be arbitrated, User consents to the personal jurisdiction of and exclusive venue in the state courts located in and serving Orange County, California as the legal forum for such Dispute.

In any Dispute, each party shall bear its own attorneys’ fees and costs and experts’ fees and costs.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time.  Any revisions to the Terms will be effective immediately upon posting by us.  Your continued use of the Services, with or without notification, constitutes binding acceptance of the revised Terms.

Severability

If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.  

Waiver

If you do not comply with these Terms, no action or inaction on our part shall relinquish any rights that Leadership Inspirations may have to take action in the future, the sole exception being if Leadership Inspirations provides you with an explicit written waiver.

Content Providers

Leadership Inspirations’s Content Providers and integrated services providers are third party beneficiaries of these Terms and may enforce those provisions of the Terms that relate to them.

Notice for California Users

Under California Civil Code Section 1789.3, California website users 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 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Updated April 29, 2020