Terms of Service
By accessing this web site, you are agreeing to be bound by this web site’s Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
1. User License
Permission is granted to temporarily download one copy of the materials (information or software) on LeaderNation’s web site for personal, non-commercial transitory viewing only. This is the grant of a non-exclusive license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on LeaderNation’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
LeaderNation retains all ownership rights for the LeaderNation application including customizations made to the application resulting from Customer’s suggestions, feedback, recommendations or modification requests. LeaderNation copyrighted materials are licensed to User solely for use on the LeaderNation application and are not to be distributed in whole or in part in any form for any purpose other than as applies to the use of the LeaderNation tool. Users may not store or transmit LeaderNation copyrighted materials without the express written consent of LeaderNation.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by LeaderNation at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
In providing the LeaderNation Service, certain functions require that we send automated email to administrators and general users. The content of these email have been created by LeaderNation and may be edited by LeaderNation.
Users of LeaderNation’s email systems attest that all email addresses entered into the system belong to willing recipients, and further attest to adhere to applicable law and industry guidelines regarding unsolicited email. Abuse of the LeaderNation email system will result in suspension of the user’s account with no refund of money paid to LeaderNation.
User agrees to assume responsibility for difficulties in the delivery of LeaderNation emails due to issues outside of the LeaderNation system such as firewalls or spam filters including any costs associated with adjustments or modifications necessary to external systems required for delivery of LeaderNation email.
LeaderNation reserves the right to refuse service to businesses or organizations we deem to be engaged in inappropriate practices.
LeaderNation licenses may not be transferred to any other person or entity and are intended for use only within your organization.
LeaderNation bears no responsibility for customer data after the termination of Customer’s subscription.
The materials on LeaderNation’s web site are provided “as is”. LeaderNation makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, LeaderNation does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
3. Fees and Payment
Undisputed invoices are due within 30 days of receipt. Accounts delinquent for over 90 days are subject to deactivation. Accounts delinquent for over 120 days are subject to deletion.
The creation of a 360 feedback report shall be deemed rendered and complete when a “self” or an “other” rating has been completed for a user in the system. Services shall also be deemed rendered and complete upon completion of the term of a license agreement between User and LeaderNation.
Chargeback / Refund Policy
LeaderNation will not, under any circumstances, issue cash refunds for early contract cancellation.
If you have a question about charges made to your account, please contact us immediately.
If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
LeaderNation has a zero tolerance policy for chargebacks.
Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
4. Technical Support
User is responsible for providing support to end users. In the event such support cannot be provided by User, LeaderNation shall provide technical support for the User’s designated technical representative(s). Basic support services via telephone or e-mail, consisting of clarifying documentation and answering questions pertaining to the functionality of the program, shall be made available Monday through Friday between 9:00 and 5:00 Eastern Standard time, except on U.S. national holidays. LeaderNation shall make best efforts to respond to support requests within 24 hours of an initial call from User.
Additional telephone or on-site support shall be available from LeaderNation to advise and prepare customers to facilitate the program. The rate for additional Facilitator Support services (the “Facilitator Support Fees”) will be $200.00/hour.
5. Service Reliability and Warranties
LeaderNation makes no warranties or representations of any kind, whether expressed or implied for the Services.
User’s use of LeaderNation services are at User’s sole risk. Neither LeaderNation, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that LeaderNation’s service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services.
LeaderNation also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User’s materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the client. Use of any information obtained by way of LeaderNation is at the User’s own risk.
Damages for claims of unavailability of the Service against LeaderNation are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to LeaderNation for the period of the system unavailability. “System unavailability” shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance.
Under no circumstances will LeaderNation bear any responsibility for any damages direct, indirect or consequential, arising as a consequence of such unavailability.
In no event shall LeaderNation or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) direct, indirect or consequential, arising out of the use or inability to use the materials on LeaderNation’s Internet site, even if LeaderNation or a LeaderNation authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Revisions and Errata
The materials appearing on LeaderNation’s web site could include technical, typographical, or photographic errors. LeaderNation does not warrant that any of the materials on its web site are accurate, complete, or current. LeaderNation may make changes to the materials contained on its web site at any time without notice. LeaderNation does not, however, make any commitment to update the materials.
LeaderNation has not reviewed all of the sites linked to its internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by LeaderNation of the site. Use of any such linked web site is at the user’s own risk.
9. Site Terms of Service Modifications
LeaderNation may revise these Terms of Service for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
10. Governing Law
Any claim relating to LeaderNation’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
12. Trademarks and Copyrights
User warrants that it has the right to use any trademarks, processes, or other materials it uses in conjunction with LeaderNation services, if any. User warrants that its content does not infringe any third party copyrights or patents.
LeaderNation retains ownership and all rights to LeaderNation logos, trademarks, software, trade secrets, databases, reports, and Web site.
13. Limited Liability
User shall defend, indemnify, save and hold LeaderNation (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
User shall defend, indemnify, save and hold harmless LeaderNation (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
Under no circumstances, including negligence, shall LeaderNation (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing LeaderNation services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the LeaderNation service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to LeaderNation records, programs or services. This paragraph shall apply to all content and functionality of LeaderNation’s Service.
Notwithstanding the above, User’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to LeaderNation during the current month.
Such limitations shall apply to LeaderNation total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.