Terms of Service
A. Account Creation. In order to use the Website, You must register for an account (an “Account”) and provide certain information about Yourself as prompted by the account registration form. You agree that all required registration information You submit will be truthful and accurate and that You will update that information promptly if there is any change.
B. Account Login and Password. You are responsible for keeping Your password secret and confidential. You agree that you are responsible for any use of the Website made under Your password, including all communications and transactions, together with any fees, charges or other obligations that may result from such use. You are responsible for changing Your password if you believe that Your password has been stolen or might otherwise be misused or compromised. You agree to immediately notify the Company of any unauthorized or suspected unauthorized use of Your Account or any other breach of security.
2. ACCESS TO THE WEBSITE
C. Account Information. If the Company believes the information you provide on the Website is not correct, current or complete, the Company has the right to terminate or suspend Your account, refuse You access to the Website or any of its resources, and to revoke the license granted to You under Section 2.a.
D. Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to You. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
E. Website Support. The Company will take commercially reasonable steps to provide You with any support or maintenance in connection with the Website. However, support services are not guaranteed, and the Company reserves the right to terminate support services for the Website.
3. RESTRICTIONS AND REQUIREMENTS RELATING TO WEBSITE USE
A. Restrictions on Your Use of the Website. The User shall not do any of the following in connection with the use of the Website:
i. Publish, post, distribute or disseminate any information, data, or material, or send any message through the Communications Services (as defined below), that is either (a) threatening, abusive, harassing, hateful, vulgar, sexually explicit, obscene, inflammatory, defamatory, or racially, ethnically or otherwise objectionable or harmful, (b) violates any applicable law, rule or regulation, or (c) contains any infringing or illegal content, including any content that could give rise to any liability to the Company or that which might adversely affect the Company’s public image, reputation or goodwill;
ii. post any material on the Website that you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws or by rights of privacy or publicity;
iii. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
iv. Solicit funds, advertisers or sponsors without prior express written approval by Lean Elevation;
v. Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;
vi. Interfere with, compromise or adversely affect the ability of any other customers or other users of the Website, including the sending or accessing of any message, with the intention to interfere with the e-mails or other communications intended for other persons; or
vii. Introduce or otherwise upload programs to the Website that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
i. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, either in whole or in part, or any content displayed on the Website;
ii. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website;
iii. You shall not access the Website in order to copy any software available through or used to create the Website, including the Website’s CSS code (the “CSS Code,” and collectively with any other software available through or used to create the Website, the “Software”), duplicate any Website elements, or build a website similar to or offer products and/or services that are competitive with any product or services offered by or through Lean Elevation; and
iv. Except as expressly stated herein, You shall not copy, reproduce, distribute republish, download, display, post or transmit in any form any part of this Website or the Website as a whole by any means or methods.
C. Communications Services. The Website may contain comment boxes, forums, bulletin boards, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to allow you to communicate with the Company’s personnel, the internet community or with other persons or groups. When using any of the Communications Services, You agree that:
i. You will use the Communication Services only to post, send and receive messages and content that are proper and related to the relevant Communication Service;
iii. You are solely responsible for all messages, data, information and other materials that You upload, store, post, e-mail or otherwise transmit to or through the Website; and
iv. Materials uploaded to any Communication Service may be subject to posted limits on use, reproduction and/or dissemination, and You are responsible for abiding by such limitations with respect to Your submissions, including any downloaded materials.
D. Other Agreements. You agree that:
i. You are solely responsible for all messages, data, information and other materials that You upload, store, post, e-mail or otherwise transmit to or through the Website, and that You will ensure that any e-mail sent by You clearly identifies You as the originator of the message;
iii. All use of the Website shall be subject to any other rules and/or guidelines published by the Company.
2. PROPRIETARY INFORMATION; INTELLECTUAL PROPERTY.
B. Copyright and Trademark Information. All copyright and other proprietary notices on the Website, including the copyright notice in Section 9.j., or on any Content displayed on the Website, must be retained on all copies thereof. The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including the Lean Elevation, LLC. name or any variant thereof and/or the Company’s distinctive logo, are the property of the Company (except for any trademarks, trade names, service marks, and logos of third parties (“Third Party Trademarks”). All other Content on this Website (but excluding any copyrighted Third Party Content and Third Party Trademarks) (collectively “Copyrights”), including all page headers, custom graphics, button icons, and scripts are works of Lean Elevation, and Lean Elevation reserves all rights in such Trademarks and Copyrights. You agree that You will not copy, imitate or use any Trademarks or Copyrights, in whole or in part, except as specifically authorized by the Company in writing. From time to time, the Website will use intellectual property owned by third parties. The rights in any Third Party Trademarks or copyrighted Third Party Content on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of the Company. The misuse of the Trademark or Copyrighted works displayed on this Website, or any other Content on the Website, is strictly prohibited.
C. User Materials. As part of the Website, You may create or provide to the Company, information, data, video, blog posts and other materials in electronic format (collectively the “User Materials”). The Company reserves the right at its discretion to collect, modify or enhance any and all User Materials. You agree to assign, and do hereby assign, exclusively to the Company all right, title and interest in and to any and all User Materials, including all copyright in such User Materials (regardless of whether such material is copyrightable under the United States Copyright Act), and to release to the Company all intellectual property rights to all User Materials.
3. THIRD-PARTY LINKS & ADS.
The Website may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are neither under the control nor under the responsibility of the Company. The Company provides access to Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When You click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with Third-Party Links & Ads.
4. DISCLAIMERS OF WARRANTY
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND OUR SUPPLIERS) WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY SUCH WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR OTHER CONTENT PROVIDED THROUGH THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. ANY USE OF THE WEBSITE IS AT YOUR OWN RISK.
5. LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE (INCLUDING ANY DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION), WHETHER ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF LEAN ELEVATION TO YOU FOR ALL CLAIMS IN THE AGGREGATE ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU PAID TO THE COMPANY UNDER A CUSTOMER SERVICE AGREEMENT BETWEEN YOU AND THE COMPANY.
YOU AGREE TO HOLD HARMLESS THE COMPANY, ITS ASSOCIATED CONTRACTORS, MANAGERS, CONSULTANTS, PERSONS CONDUCTING INTERVIEWS ON BEHALF OF THE COMPANY AND ITS AFFILIATED ENTITIES.
THE COMPANY RESERVES THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
6. RELEASE AND INDEMNIFACTION
A. Release. You hereby release and forever discharge the Company (and its officers, employees, agents, consultants, contractors, including persons conducting mock interviews on behalf of the Company, and affiliates from liability and any and all claims, and you further agree to waive any right to sue the Company.
7. GENERAL PROVISIONS
B. Terminology. The word “including” means “including without limitation.” Terms defined in the singular shall have the same meaning when used in the plural or other grammatical form.
C. No Waiver. No failure or delay on the part of the Company to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof or of any other right.
E. No Agency. Neither party shall be an agent of the other.
F. No Assignment. You may not assign Your password or any of Your rights under this Agreement without the prior written consent of the Company, and any attempted assignment without such consent shall be void.
G. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the choice of law provisions thereof.
H. Dispute Resolution.
i. Except as otherwise provided in subsection 9.h.ii., any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Broward County, Florida, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association.
ii. You agree that because a remedy at law may be inadequate to properly compensate the Company for any loss or damages arising from any violations or threatened violations of Sections 3 or 4 of this Agreement, it may be necessary for the Company to seek injunctive relief to effect the intent of this Agreement. Accordingly, You hereby waive any objection to Company’s attempt to seek injunctive relief as a remedy for Your breach of any of Your obligations under Sections 3 or 4 of this Agreement for which injunctive relief could be granted and you hereby consent to the jurisdiction of any federal or state court in Broward County, Florida, as well as to the propriety of venue in any such court.
J. Copyright Notice. Copyright © Lean Elevation, LLC (2022). All rights reserved.