Description of Services Offered
- Leadership Toolbox® services, including all articles, white papers, tools, workbooks, and learning materials, including those services offered for free and on a paid basis.
- Straight Talk® communication style services, including the Straight Talk® survey, Straight Talk® software system, forum, workshops, tools, newsletters, and articles, including those services offered for free and on a paid basis.
Effective Date: October 1, 2011
Information You Provide And How We Use It
When you visit the Web Site you have the option of providing Leading Resources, Inc. ("LRI") with personal information you knowingly choose to disclose that is collected by LRI. Any personal information you provide to LRI is maintained and accessible only by LRI. We will not sell or in any way divulge individual information gathered about you. That is our guarantee.
We also may use your IP address to help diagnose problems with our server and to administer our web sites. Our web sites use online forms and log-on features for customers to request information, products, and services. Customers who request information or log on may receive additional information from LRI. You can opt out of receiving these infrequent mailings at any time you choose (see below).
This Web Site has security measures in place to protect Users against the loss, misuse, and alteration of the information under our control. All transactions are protected by 128-bit encryption (this includes all information obtained through surveys).
Users will have the opportunity to opt in to receive future communications from the Web Site. User who opt in can update their personal information and unsubscribe (opt-out) from receiving future communications from LRI by following the instructions at the end of any e-mail.
If you are receiving any unwanted communications from LRI, submit your email address and you will be removed from our mailing list. To unsubscribe from a paid subscription, change your subscription settings.
Information About Users Under The Age of 13
We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.
Proprietary Rights in Web Site Content; User Content License
All content on the Web Site, other than User Content as defined below, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Web Site Content"), are the property of Leading Resources, Inc. ("LRI") with all rights reserved. No Web Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without LRI's prior written permission. You may not republish Web Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any use of the Web Site or the Web Site Content other than as specifically authorized herein, without the prior written permission of LRI, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Web Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
"User Content" means the information you have provided to us for consideration to be posted on the Web Site, or that you have published or posted to any Straight Talk® or other LRI forum. LRI does not claim ownership rights in any User Content. By providing User Content to us, you grant to LRI a non-exclusive, royalty-free license to use, copy, distribute, and display all User Content for the purpose of making the User Content available on the Web Site.
You understand that the Service and the Web Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Web Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web Site or for any other purpose. You further agree that you may not use the Service or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Service or the Web Site to:
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any information that you know is false or misleading;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make available any photographs of another person or taken by another person without that person's consent;
- solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another User or Contributor;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of LRI, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose LRI or its Users to any harm or liability of any type;
- Upload, post, transmit, or share any personal information about yourself that you do not want others to know, such as your name, phone number, password, zip code, and postal address.
LRI reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact LRI at firstname.lastname@example.org.
You are solely responsible for the information that you submit to LRI or to Straight Talk®. You understand and agree that LRI may, but is not obligated to, review any User Content submitted by you and that the decision whether or not to post User Content is determined solely by LRI. You further understand and agree that LRI may edit, redact, or refuse to post any User Content that in the sole judgment of LRI violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Links to Other Websites and Content
The Web Site contains (or you may be sent through the Web Site or the Services) links to other web sites ("Third Party Web Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties ("Third Party Content"). Such Third Party Web Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Web Sites accessed through the Web Site or any Third Party Content posted on the Web Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Web Sites or the Third Party Content. Inclusion of or linking to any Third Party Web Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Web Site and access the Third Party Web Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Web Site.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, LRI has adopted a policy of terminating, in appropriate circumstances and at LRI's sole discretion, members who are deemed to be repeat infringers. LRI may also at its sole discretion limit access to the Web Site of any Users or Contributors who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
STRAIGHT TALK®, LEADING RESOURCES®, and other of LRI's graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of LRI in the U.S. and/or other countries. LRI's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LRI.
Straight Talk® Subscription Service and Fees
The following terms apply to the paid subscription system of Straight Talk®.
Subscriber may not, nor permit Users or anyone else to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the services; (ii) modify, translate, or create derivative works based of services; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the services; or (iv) publish or disclose to third parties any evaluation of the services without LRI's prior written consent.
This Agreement shall be effective as of the date that Subscriber accepts this agreement by clicking on the "I agree" button (the "Effective Date"). The "Initial Subscription Term" will be for the period specified in the applicable order and shall commence on the Effective Date. Upon the expiration of the Initial Subscription Term, this agreement will automatically renew for successive renewal subscription terms (each a "Renewal Subscription Term") equal in duration to the Initial Subscription Term at LRI's then current subscription fees.
If Subscriber signs up for a free trial, Subscriber must provide a valid credit card or alternative payment form prior to receiving the services. Subscriber will be automatically charged at the end of the free trial, the length of which is specified on the subscription overview page available at https://gostraighttalk.com/subscriptions. Subscriber's Initial Subscription Term begins at the end of the free trial.
Subscriber may terminate this agreement at the end of the free trial period, the Initial Subscription Term, or a subsequent Renewal Subscription Term by selecting the "Unsubscribe" option in their account settings any time prior to the end of the then-current term. LRI may terminate Subscriber's use of the services if, in LRI's sole discretion, Subscriber breaches or otherwise fails to comply with this agreement.
Subscriber shall pay all fees to LRI associated with the Subscription as set forth on the subscription overview page available at https://gostraighttalk.com/subscriptions. Subscriber shall pay for all fees ordered for an entire Subscription, whether or not the Subscriber uses the services to which it is entitled in the Subscription. Subscriber shall make future fee payments for renewal at the end of each expiring subscription period. Subscriber must provide LRI with a valid credit card or alternative payment form prior to receiving the services. All fees paid to LRI are non-refundable. LRI reserves the right to modify its fees, and notice of such changes will be posted on its subscription overview page and provided to Subscriber via the message notification function in the Services. LRI will automatically bill Subscriber's credit card or alternative payment form in the billing frequency established by the length of Subscriber's Initial Subscription Term. Subscriber agrees to provide LRI with complete and accurate billing and contact information. LRI may terminate the Subscription if the billing or contact information is false, fraudulent, or invalid. Subscriber will also pay all taxes, including sales, use, personal property, value-added, excise, customs fees, import duties, stamp duties and any other similar taxes and duties, including penalties and interest, imposed by any United States federal, state, provincial or local government entity or any non-US government entity on the transactions contemplated by this Agreement.
If you believe that any material on the Web Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Leading Resources, Inc.
1812 J Street, Suite 2
Sacramento, California 95811
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LRI is not responsible or liable in any manner for any User Content or Third Party Content posted on the Web Site or in connection with the Service.
The Web Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. LRI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. LRI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating in connection with the Web Site and/or in connection with the Service. Under no circumstances will LRI be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Web Site or the Service, any User Content or Third Party Content posted on or through the Web Site or the Service or transmitted to Users, or any interactions between Users of and Contributors to the Web Site, whether online or offline.
THE WEB SITE, THE SERVICE AND THE WEB SITE CONTENT ARE PROVIDED "AS-IS" AND LRI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LRI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. LRI DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL LRI OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE OR ANY OF THE WEB SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF LRI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree to indemnify and hold LRI, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Web Site, your use of the Service or the Web Site, your conduct in connection with the Service or the Web Site or with other Users of the Service or the Web Site, or any violation of this Agreement or of any law or the rights of any third party.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.