Terms Of Service

The following terms and conditions govern all use of the LeadershipOD.com website and all content, services and products available at or through the website, including, but not limited to, the LeadershipOD.com online learning management system, (taken together, the "Service"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LeadershipOD's Privacy Policy) and procedures that may be published from time to time on this website by LeadershipOD (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using our Service. By accessing or using any part of the Service, you and your employees, trainees, consultants, representatives and agents, (taken together, "you") agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any LeadershipOD.com Service. If these terms and conditions are considered an offer by LeadershipOD, acceptance is expressly limited to these terms.

License to Use.LeadershipOD hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by LeadershipOD and its licensors. You may not access the Service for purposes of monitoring its performance or functionality, or for competitive purposes. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way unless permitted & agreed upon by LeadershipOD. You may not modify or make derivative works based upon the Service, or copy any ideas, features, functions or graphics of the Service.

Your Responsibility.If you post or request LeadershipOD to post material to the Service or otherwise make material available by means of the Service (any such material shall be referred to as "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:

By submitting Content to LeadershipOD not specifically labeled "Private" within our Service, you grant LeadershipOD a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish portions of the Content solely for the purpose of the promotion of our Service. If you delete Content, LeadershipOD will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, LeadershipOD has the right (though not the obligation) to, in LeadershipOD's sole discretion (i) refuse or remove any content that, in LeadershipOD's reasonable opinion, violates any LeadershipOD policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in LeadershipOD's sole discretion. LeadershipOD will have no obligation to provide a refund of any amounts previously paid.

You must immediately notify LeadershipOD of any unauthorized uses of your Service, your account or any other breaches of security. LeadershipOD will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Service Availability & Support.LeadershipOD uses third party vendors and hosting partners to provide the necessary technology to run the Service (including hardware, software, networking, and online storage). In the event of a service outage LeadershipOD will not and cannot be held liable for Service loss or inaccessibility, but will act immediately to restore customer access.

LeadershipOD is committed to providing an excellent level of support by email and phone. We aim to acknowledge all support requests within 12 hours and will attempt to resolve critical issues within 24 hours. Email support is available 24/7 and phone support is available 8am-6pm, Mon-Fri CST.

Copyright Infringement and DMCA Policy.As LeadershipOD asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LeadershipOD.com violates your copyright, you are encouraged to notify LeadershipOD. LeadershipOD will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. LeadershipOD will terminate a visitor's access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of LeadershipOD or others. In the case of such termination, LeadershipOD will have no obligation to provide a refund of any amounts previously paid to LeadershipOD.

Intellectual Property & Content.Title to, and all Intellectual Property Rights in, your Content remain your property. However, your access to the Content is contingent on full and prompt payment of the LeadershipOD fees.

This Agreement does not transfer from LeadershipOD to you any LeadershipOD or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LeadershipOD. LeadershipOD, the LeadershipOD logo, LeadershipOD.com, the LeadershipOD.com logo, and all other trademarks, service marks, graphics and logos used in connection with LeadershipOD.com, or the Website are trademarks or registered trademarks of LeadershipOD or LeadershipOD's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any LeadershipOD or third-party trademarks.

LeadershipOD follows its best practice policies and procedures to prevent data loss such as daily system back-ups, but does not guarantee that there will be no loss or corruption of your Content. LeadershipOD expressly excludes liability for any loss of Content no matter how caused. You are responsible for maintaining copies of all Content used in the Service.

Changes.LeadershipOD reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. LeadershipOD may also, in the future, offer new features through the Service (including, the release of new tools and resources). Such new features shall be subject to the terms and conditions of this Agreement.

Termination.LeadershipOD may terminate your access to all or any part of the Service if you materially breach this Agreement and fail to cure such breach within thirty (30) days from LeadershipOD's notice to you thereof; provided that, LeadershipOD can terminate the Service immediately as part of a general shut down of our service. Services can be canceled by you at any time with written notice to LeadershipOD. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.The Service is provided "as is". LeadershipOD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither LeadershipOD nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that your use of the Service is at your own discretion and risk.

Limitation of Liability.In no event will LeadershipOD, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to LeadershipOD under this agreement during the six (6) month period prior to the cause of action. LeadershipOD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.Each party represents and warrants that it has the legal power and authority to enter into this Agreement. LeadershipOD represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the LeadershipOD documentation.

You represent and warrant that (i) your use of the Service will be in strict accordance with the LeadershipOD Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iii) you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

Indemnification.You agree to indemnify and hold harmless LeadershipOD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous.This Agreement constitutes the entire agreement between LeadershipOD and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LeadershipOD, or by the posting by LeadershipOD of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Service will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Atlanta, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Geogria, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LeadershipOD may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.