PART I: TERMS APPLICABLE TO ALL OF Leader Breakthru
These Leader Breakthru (LB) Terms of Service comprise a legal agreement between You and LB and governs Your use of LB. BY SUBSCRIBING TO A LB SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the LB services.LB is made up of Web sites and Web pages operated by Leader Breakthru. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "LB" or the "LB System." "You" means you, Your company, Your organization, Your employees, and anyone who you have granted access to use Your LB account.The general provisions in Part I of these Terms of Service apply to the LB System and to all of the products and services provided through the LB System. The provisions in Part II of these Terms of Service are additional provisions that apply to the particular LB product(s) or service(s) described in each section of Part II. Each applicable LB Web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.The LB System is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the LB System and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply. Leader Breakthru and LB reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the LB System after any such changes, Your continued use will constitute Your consent to such changes. Leader Breakthru does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.Any rights not expressly granted herein are reserved by Leader Breakthru and LB.
By subscribing to any service offered on the LB site, You make the following representations and warranties. Leader Breakthru and LB shall have the right to terminate your LB account, without notice at any time, for any reason. You represent and warrant that:You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the LB service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company; You will not use the LB System for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); and all information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process.By using the LB System, You agree that You will defend and indemnify Leader Breakthru, LB and their suppliers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE LB SYSTEM
The LB System is provided to assist You with your own personal growth and leadership development, and/or the personal growth and leadership development of those you lead. Your right to use the LB System is limited to You.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, products, services or benefits obtained from the LB System, except as expressly provided herein.
You may not restrict or inhibit any other user from using and enjoying such user's rights in LB.
You may not interfere with or disrupt the LB System or servers or any network connected to LB.
The information provided by LB to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of LB with any third party.
Some products and services available through or in connection with LB require that You purchase a subscription or otherwise pay a fee. You hereby authorize LB to charge Your credit card or debit from your bank account or PayPal account in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the LB product or service You have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your LB account by you or anyone else using your account. LB reserves the right to modify the fees charged for LB products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after LB notifies You via email or otherwise of such modified fees.
In the event that Leader Breakthru or LB terminates Your LB account or one or more of Your LB services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.
You acknowledge that if You cancel any subscriptions to a LB service that You may not be entitled to a refund of all or part of amounts already paid by You for such LB subscription.
CHANGES TO SERVICES, TERMINATION BY LB
Leader Breakthru or LB may change any of the LB services at any time and from time to time without notice, including terminating the offering of any LB service altogether.
Leader Breakthru or LB may terminate Your account, Your access to LB or any of Your LB services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your LB services or from using the LB System or from receiving any products, services or benefits from LB, if Leader Breakthru or LB determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Leader Breakthru or LB receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the LB System and there will be no refund of any fees prepaid by You. If You subscribe to a LB service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your subscription fee for the LB service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
LINKS TO THIRD PARTY SITES
Links within the LB System may let You leave the LB System. You acknowledge that the linked sites are not under the control of Leader Breakthru or LB and that Leader Breakthru or LB is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. LB is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Leader Breakthru or LB of the linked site or any association with their operators.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the LB System may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the LB System should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of the LB System, and products and services of LB, is at Your own risk. Leader Breakthru or LB makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the LB System, or such products or services. Without limiting the foregoing, NEITHER LB NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN LB FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LB AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL LB OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF LB OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE LB OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH LB; OR OTHERWISE ARISING OUT OF THE USE OF LB, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Leader Breakthru, LB OR ANY OF their SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF LB, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LB System AND ITS RELATED SERVICES AND PRODUCTS. Without limiting the foregoing, Leader Breakthru or LB are not responsible for any of Your data residing on Leader Breakthru's and LB's System hardware or systems, including such hardware or systems provided to LB by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the LB hardware or systems, including such hardware or systems provided to LB by third parties, whether or not such information is produced through the use of LB, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the LB System. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Leader Breakthru or LB will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the LB System, its services or products; (b) Your customers' use of Your Web site hosted by or created through LB and Your products and services; (c) use of the LB System by any other party to whom You have given access to Your company information for use of the LB System; (d) errors, bugs or other defects in the LB System; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the LB Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to LB's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the LB System.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
LB reserves the right to deny in its sole discretion any user access to LB or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the LB System resulting from any third party using a password or user name issued to You. You agree to notify LB immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the LB System known to or suspected by You. You may change Your password at any time by following instructions on the LB Web site.
You hereby authorize LB to rely on any data, notice, instruction or request furnished by You to LB, or that LB reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. LB is not responsible for fraud of participants or of other users of your account.
These Terms of Service and the Additional Terms are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Butte County, California, U.S.A. in all disputes arising out of or relating to the use of the LB Services or the LB System.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and LB as a result of these Terms or Service or use of LB.
LB's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of LB's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the LB System or information provided to or gathered by LB with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between the user and LB with respect to the LB System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LB with respect to the LB System.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Leader Breakthru and LB is not obligated to monitor the content on LB. Leader Breakthru and LB reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with LB's Privacy Statement. LB reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the LB Web sites, in Leader Breakthru's or LB's sole discretion, without notice at any time.
Any rights not expressly granted herein are reserved by Leader Breakthru and LB, including all legal and equitable remedies available to Leader Breakthru and LB or violation of any of these Terms of Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the LB System are: Copyright (c) 2011-Present Leader Breakthru and/or it's suppliers. All rights reserved.
Any rights not expressly granted herein are reserved by Leader Breakthru, Inc.