Live On-Online Terms of Service
These Terms and Conditions (“Terms”) govern online registration, access to, and use of Partners In Leadership, LLC’s (“Partners” or “Us”) Partners’ Live Online services or training (“Live Online”) and/or Partners’ proprietary Train-The-Facilitator training (“TTF”) and the related training materials and/or content provided by Partners (collectively “Partners’ Materials”) associated therewith, which are made available to you, an individual user of Partners’ Materials, and the company or other organization that obtains Partners’ Materials from us for you (the “Corporate Client”).
BY REGISTERING FOR, BY ACCESSING OR BY USING ANY PARTNERS’ MATERIALS, YOU ARE CONCLUDING OR CONFIRMING A LEGALLY BINDING CONTRACT BASED ON THESE TERMS (“AGREEMENT”) WITH US, PARTNERS IN LEADERSHIP, LLC, FOR AND ON BEHALF OF YOURSELF AND THE CORPORATE CLIENT ON WHOSE BEHALF YOU ARE REGISTERING FOR, ACCESSING, OR USING PARTNERS’ MATERIALS (COLLECTIVELY “YOU”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT REGISTER FOR, ACCESS, OR USE ANY OF PARTNERS’ MATERIALS, AND NOTIFY US IMMEDIATELY. The terms of any separate written contract that we may have signed with You, if any, shall prevail over any inconsistent terms of this Agreement with respect to any aspects that are governed by this Agreement, and also the separate written contract.
1. No access for competitors. You must not access or use any Partners’ 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, Partners (“Competitive Activities”). Without limiting the generality of applicable confidentiality obligations, You must not provide access to, or information about, any Partners’ Materials to any individuals or organizations that pursue Competitive Activities. If You are unclear or in doubt whether this Section 1 applies in a particular scenario, You must notify Us and obtain our prior written consent. If You violate any aspect of this Section 1, You shall be deemed to have committed a material breach of our Agreement and any and all licenses and permissions relating to access and use of Partners’ 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.
2. Permissions. On the condition that You pay all applicable fees, You fully comply with these Terms, and You fully comply with all applicable laws, we grant You a limited, revocable, personal, non-assignable, non-sublicenseable, non-exclusive permission to access and use Partners’ Materials for internal purposes. You are not permitted to – and you must not – copy, record, video-tape, transcribe, modify, distribute, publish, make derivative works or modifications, display or resell any Partners’ Materials, in whole or in part, or to provide any services to third parties based on Partners’ Materials. You may also only display Partners’ Materials in a public setting for the benefit of the Corporate Client, including a conference room or classroom, if You have paid to Partners all applicable fees regarding such usage. If you use or access Partners’ Materials in violation of these Terms or any applicable law, access our computers without permission, and/or infringe our intellectual property rights and other rights, You will be considered in breach of this Agreement. We reserve all rights not expressly granted herein, including, without limitation, title, ownership and all intellectual property rights to Partners’ Materials, derivative works or modifications thereof, our technologies and any other tangible and intangible items we own or make available. You grant us a non-exclusive, charge-free, unlimited, irrevocable, assignable, sublicenseable permission to copy, modify, distribute, display, commercialize and use in any manner now known or in the future discovered, any information or materials you submit to us, provided that we shall not attribute the materials to You personally, unless you give us permission to do so, expressly or impliedly.
3. Changes. We may change Partners’ Materials or these Terms, or discontinue Partners’ 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.
4. Warranty Disclaimer. We provide Partners Materials ‘as is,’ without any express or implied warranties or representations. Your access to and use of Partners’ 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 Partners’ Materials will meet any or all of your requirements or expectations, that online tools and services are accessible at all times, that Partners’ Materials will function uninterruptedly, timely, securely or error-free or that all errors in Partners’ Materials will be corrected. We do not represent or warrant that Partners’ Materials are accessible from all devices, or at all times, even if You meet all of our website-specific technical requirements.
5. General Acknowledgement. I understand and agree (for myself and on behalf of others I am registering to attend) and/or the Client, that the Live Online and/or TTF training or is a presentation of the models, methods, principles and approaches used by Partners in its training and consulting approach and is not available to any third-party organization, development service providers such as training and consulting firms, independent contractors, or executive coaches without prior approval. By clicking “Accept” to these Terms, You also understand that You are agreeing to receive periodic newsletters and other offerings via email to which You can unsubscribe at any time.
6. Use of Likeness. From time to time Partners records, films, and photographs Live-Online training and/or TTF training for marketing or resale use. By clicking “Accept” to these Terms, You acknowledge and agree to grant Partners the right to record, film, photograph, or capture your likeness and to distribute, broadcast, use, or otherwise disseminate, such media without any further approval from You, or any payment to You, and You further agree to release Partners, its successors, and/or assignees, from any liability arising from such use of any nature. If this is not acceptable, please do not agree to these Terms and do not attend.
7. Postponement. Before purchasing, carefully review the event selection, including event type (i.e. Accountability Builder® or Leadership Builder®), location of the event, date and time. If You do not attend the event or activity , all registration fees will be forfeited. If written notice, however, is received by Partners within 72 hours of the event, You may transfer your registration to another person within your organization or You may cancel your registration and 90% of the registration fees will be refunded to You. Occasionally, events or activities are canceled or postponed due to reasons beyond Partners’ control. If such a cancellation occurs as a result of unforeseen circumstances, Partners will attempt to contact You to inform You of the cancellation as soon as practical and will automatically issue a refund to the credit or debit card which was used to register for the event or activity. Refunds due to You for a canceled or postponed workshop, will result in a refund issued in the amount actually paid at the time of the order (i.e. for a discounted event, the discounted event price paid).
Specific Terms Relative Only To Partners’ Train-The-Facilitator Training
8. Certified Facilitators. Internal training within a Corporate Client may only be conducted by certified Master Facilitators and Certified Facilitators. The Certification of a Corporate Client’s employees pursuant to Partners’ TTF training as “Certified Facilitators” and/or “Master Facilitators” is subject to Partners’ Certification Policy at http://www.pilu.com/curriculum-center/internal-facilitator-certification-policy/, which policy may be updated from time to time. A breach or default by any Certified Facilitator and/or Master Facilitator employed by a Corporate Client is considered a breach and/or default of these Terms by the Corporate Client.
9. Facilitator Kit; Trade Secrets. A Facilitator Kit includes all necessary training materials and information for Partners’ TTF training, which Partners’ considers as trade secrets and confidential materials. You agree to regard and preserve as confidential all confidential and trade secret information obtained by it relating or pertaining to Partners’ TTF training. The acknowledgements and obligations contained in this section shall continue in perpetuity.
10. Participant Fees. Partners agrees to provide TTF training for purposes of providing training to a Corporate Client’s employees who have paid the related Participant Fees (“Authorized Participants”). Each employee of any facilitated workshop is required to pay the associated Participant Fee. All Participant Fees include Partners’ pre-approved training materials or content (the “Curriculum”) and are non-refundable. Any additional Authorized Participants or additional Facilitator Certification(s) may be purchased by You and added as needed.
11. Miscellaneous Legal Provisions. These Terms, our Agreement and any dispute arising out of or related to these Terms, our Agreement or Partners’ Materials, are governed and interpreted under the laws of the State of California, without regard to foreign venue or conflict of law principles. Any such dispute shall be finally settled by arbitration under the rules and auspices of the American Arbitration Association in San Francisco, California, 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. Neither party is responsible for any failure to perform obligations if due to an event of force majeure.