Terms of Service
By participating in this Program, you/ the participant (herein referred to as “User”) agrees to the follow terms stated herein, which shall take effect immediately.
TERMS OF PARTICIPATION IN THE PROGRAM
ENGAGING-LEADERSHIP, LLC (herein referred to as the “Company”) agrees to provide the membership-based resources (herein referred to as “Program) to the User. User agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
The Program is developed strictly for educational purposes ONLY. The Program information, materials, and resources do not purport to be, nor should be construed as, specific advice tailored to any individual or organization. The Company assumes no responsibility for errors or omissions that may appear in any program materials, or for the results of Program implementation.
THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THE OUTCOMES, EFFECTS, OR DEGREE OF SUCCESS OF THE PROGRAM, WHETHER VERBALLY OR IN WRITING. The User understands that the results experienced by each User may significantly vary. The User acknowledges that— as with any business endeavor— there is an inherent risk, and there is no guarantee that User will reach their goals because of their participation in the Program. Any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages,
sales pages or offerings have not been scientifically evaluated, and the results experienced may vary significantly based on organizational culture, implementation, or User experience.
Furthermore, the Company does not represent and warrant that the Program will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the service or associated downloads are free from viruses or harmful components. Use of the website and the Program are at the User’s sole risk.
User understands Lee Ann Pond (herein referred to as “Consultant”) and ENGAGING-LEADERSHIP, LLC, its parents, subsidiaries, agents, or associates are not the User’s employee, agent, lawyer, doctor, manager, mental health professional, public relations or business manager, financial analyst, or CPA. User understands that Consultant has not promised to:
(1) procure or attempt to procure employees for the User;
(2) Perform any business management functions for the User;
(3) provide psychoanalysis, psychological counseling, or behavioral therapy for the User;
(4) act as an employee or independent contractor of the User;
(5) draft or create any individualized materials; or
(6) provide an exclusive license to the User to the materials in the Program.
User understands that the Parties’ contractual relationship ends upon the conclusion of the Program or termination of the User’s membership in the Program.
Payment is due in full at the earlier of (i) the time of registration, or (ii) upon the recurring monthly invoice, whichever comes sooner. The Company retains the right to suspend access to any Program at any time if payments are not made by the due date. Further, if at any time if there is a past due payment, access to the Program and/ or the User’s membership will be temporarily restricted until the account is in current financial standing. Questions regarding account standing should be directed to firstname.lastname@example.org.
User agrees to pay interest on all past-due sums at a rate of 12% per annum, compounded monthly, or the highest rate allowed by law, whichever is greater.
Due to the nature of web-based content, Program purchases are non-refundable. If you feel that the program is not a good fit, contact our support team at email@example.com .
This Program is intended for use by adults only. No individuals under the age of 18 may access or use the Program.
The Company respects its Users’ privacy and insists that each User mutually respects the privacy of the Company and other Program participants (herein referred to as “Participants”). The User shall not disclose, reveal, usurp, or make use of any confidential information, transactions, discussions, or disclosures made during or related to the Program, and shall not use such information in any manner other than in discussion with other Participants during the Program. This covenant shall not extend to or include information rightfully obtained from a third party. Any confidential information shared by Program Participants or any representative of the Company is proprietary, and belongs solely and exclusively to the Participant who discloses it. Notwithstanding the foregoing, Users should carefully consider disclosing certain information, including trade secrets, during the course of the Program or through any membership-related activity or website.
User shall not disclose, harvest, or disseminate the names, email addresses, company titles or positions, phone numbers or addresses of other Participants. The User shall not engage in data mining, scraping, crawling, email harvesting, or using the Program to compile a collection of listings, including a competing listing product or service. The User may not use contact information received during the Program, nor any Materials for any unsolicited commercial e-mail, including but not limited to advertising, marketing, or “list building.”
Furthermore, User agrees that if he or she violates or displays the likelihood of violating this section of the Terms, the Company may terminate the User’s use of the Program with no refund.
The Company’s program is copyright to the Company alone. The original materials that have been provided under a single-user license for User’s individual use only. User may not copy, alter, redistribute, sell, sublicense, or otherwise share the Company’s materials without express written permission. Any information or materials shared by the Company are confidential and proprietary, and belong solely and exclusively to the Company.
All intellectual property, including Company’s trademarks, copyrights, trade secrets, and the copyrighted Program and/or Program materials shall remain the sole property of the Company. By its membership in the Program, User agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights belonging to the Company or other Participants. The User shall not disclose such information to any other person or use it in any manner other than in discussion with the Company or throughout the Program.
Furthermore, by using or participating in any other interactive area of the Program, the User grants to the Company a perpetual, irrevocable, royalty free license in and to the text, images, videos, or other content posted therein, including but not limited to the right to reproduce, share, post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. This license shall survive the term of this Agreement.
LIMITATION OF LIABILITY
User accepts any and all risks, foreseeable or unforeseeable, resulting from membership and participation in the Program. User shall indemnify, defend, and hold harmless the Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, and the Consultant, any of the related owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs, excluding any such expenses and liabilities which may result from willful or malicious misconduct by Company, or any of its directors or employees. User shall hold all of the Company’s shareholders, directors, trustees, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, employees, and successors, the Consultant, and other Releasees personally harmless for any actions, inactions, or representations of the Company.
User shall defend Company and its Releasees from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – arising out of or resulting from his or her use of or participation in the Program(s), including but not limited to any claims of third-party infringement or violation of rights of a third-party.
User shall hold Company harmless for damages of any kind resulting or arising from the use of the Programs, including but not limited to direct, indirect, incidental, special, negligent, consequential, punitive, or exemplary damages arising out of the use or misuse of Company’s information or the User’s enrolment in the Program. from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the use of the Program(s).
Company is committed to providing all Participants in the Program with a positive Program experience. By purchasing this Program, User agrees that in the following circumstances, the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate User’s participation in the Program without refund if the User:
(1) becomes disruptive to the Company or fellow Participants;
(2) fails to follow the Program guidelines,
(3) impairs the participation of the other Participants in the Program;
(4) exhibits harassing, threatening, violent, or otherwise unsavory behavior during his or her membership in the Program; or
(5) the User violates these terms as determined solely by the Company.
Upon termination for any of the above reasons, User will be liable to pay the total cost of the Program with no refunds issued.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Henrico County, Virginia. All claims against Company must be lodged within 100-days of the date of the completion of the Program. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction named herein.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email with receipt confirmed.
The information presented in this Website is intended to be for your educational purposes only.
The Company is not
(1) presenting the User with a business opportunity;
(2) guaranteeing the User career advancement;
(3) making any claims as to income a User may earn by implementing the Program; or
(4) presenting you the User an opportunity to “get rich” by executing the steps, theories, or modules in the Program.
Before embarking on any personal or business endeavor, please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.
Any income figures shared are anecdotal information passed on concerning the results achieved by the individual sharing the information. The Company has performed no independent verification of the statements made by those individuals. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. The Company cannot, do not, and will not make any claims as to earnings, average, or otherwise.
Materials in the Program and on the Company website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.
Concerns or questions should be addressed to:
2400 Old Brick Rd. C25. Glen Allen, VA 23060
This Agreement shall be binding upon and inure to the benefit of the Parties, the Releasees, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The User may not assign this Agreement. The Company may modify terms of this agreement at any time to reflect then-current policies. All modifications shall be posted on this URL at the Company’s website. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, the performance hereunder may be excused without liability.
PRIVACY AND DATA COLLECTION
The Company values others’ intellectual property. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the website;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Copyright Agent for Notice of claims of copyright infringement is Caroline J. Fox, Esq., who can be reached as follows:
Caroline J. Fox, Esq.
CJFox Law, PLLC
2920 W Broad Street
Richmond, Virginia 23230