TERMS OF SERVICE (TOS)
I. Introduction and Eligibility
This agreement is a legally binding contract. It may change as our service changes, and you agree you will review it and any updates regularly.
Binding Agreement. These Terms constitute a binding agreement between you and LeaderQuest Holdings, Inc. and its affiliates and subsidiaries (“LeaderQuest,” “we,” “us”). “You” and “users” shall mean all visitors to the LeaderQuest Service. You accept these Terms each time you access the LeaderQuest Service. If you do not accept these Terms, you must not use the LeaderQuest Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the LeaderQuest Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the LeaderQuest Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the LeaderQuest Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the LeaderQuest Service.
II. The LeaderQuest Service
The “LeaderQuest Service” means the website located at www.leaderquestonline.com and any associated software, applications, and Internet services under LeaderQuest’s control, whether partial or otherwise, used in connection with providing the services provided by LeaderQuest. The LeaderQuest Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by LeaderQuest (collectively, “Courses”). These Courses may be made available for free or for a fee, in LeaderQuest’s sole discretion. Together with our members, thought leaders, and seasoned practitioners (collectively, “Instructors”), LeaderQuest offers a robust curriculum focused on IT and management practices by which design, technology, and management can be leveraged to create solutions and successful businesses. The LeaderQuest Service will also permit the community of users of the LeaderQuest Service to engage in discussions and communications with one another and with the Instructors. “Premium Content” means LeaderQuest’s multi-media content library of all prior and current Courses and live-stream transmissions of future Courses.
Sign Up for a Course. You may sign up for a Course using the LeaderQuest Service. We cannot promise the availability of the Course.
Cancellation and No Show Policies. We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly, not Instructors, for any rescheduling or cancellation questions.
Chat Room Service. You may be able to engage in online chat sessions with other users of the LeaderQuest Service, including Instructors. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are responsible for any comments or materials you post in a chat room, and assume all liability arising out of a post. LeaderQuest makes no representations and warranties with respect to the confidentiality of any posts you make through the LeaderQuest Service.
Information You Provide to Instructors. Your Instructors may ask for information, such as your email address, from you to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes.
We use third-party services to help us provide the LeaderQuest Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.
Third-Party Services. The LeaderQuest Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the LeaderQuest Service. Some of these third-party websites may use LeaderQuest Content (defined below) under license from LeaderQuest. LeaderQuest is not responsible for these third-party websites, whether or not LeaderQuest is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that LeaderQuest is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the LeaderQuest Service.
We are not your attorney or financial advisor, and we do not provide any legal or financial advice.
LeaderQuest Is Not Your Attorney or Financial Advisor. Do not contact LeaderQuest for legal or financial advice. You agree and acknowledge that LeaderQuest, and its Instructors, are not a law firm and are not authorized to practice law in any jurisdiction. LeaderQuest does not give legal advice in any form or practice law in any way. The information obtained from or through the LeaderQuest Service is for information purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own business or venture with your own tax, financial, and legal advisors. LeaderQuest, and its Instructors, are not establishing an attorney-client relationship with you through your use or access of the LeaderQuest Service.
Social Sign-On. The LeaderQuest Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.
LeaderQuest may feature a Course or Instructor, but we make no representations about the quality of any Courses or Instructors.
Featuring a Course or Instructor. The LeaderQuest Service may feature a Course or Instructor as an advertisement, but this is not a recommendation of such Course or Instructor. We may also recommend a Course as part of a collection of Courses. However, as stated more fully elsewhere in these Terms, LeaderQuest makes no representations as to the quality or nature of Courses or Instructors shown on the LeaderQuest Service.
With your consent, we may use your Student Work to promote LeaderQuest.
Featuring Your Student Work. We may promote LeaderQuest using the work you completed as part of completing a Course (“Student Work”) with your permission, and you grant LeaderQuest a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with LeaderQuest’s promotional efforts. Our use will be limited to promoting LeaderQuest. LeaderQuest will include your name and attribute the Student Work to you.
III. Financial Matters
Courses. You may have to pay a fee to attend a Course or subscribe to Premium Content through the LeaderQuest Service. LeaderQuest may charge you fees to attend a Course. The amount of any fees may be revised by LeaderQuest from time to time and vary from region to region, and topic to topic.
Premium Content. LeaderQuest charges a fee for a subscription to Premium Content. Premium Content may be available on a free trial or introductory offer basis. If such an offer is provided, only one per household or email address is allowed at any given point in time. In addition, there is a limit of one trial per person and per email address in any given six-month period unless otherwise stated in the offer. If you do not cancel your subscription within the trial or introductory offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. LeaderQuest reserves the right to increase the Premium Content subscription fee or institute new charges upon reasonable notice. Fees for a Premium Content subscription are due in advance. You may cancel your membership at any time and such cancellation will be effective at the end of the month in which you provide notice of cancellation. Your membership will automatically renew each month, until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership fee or subscription will be billed automatically each month, at or around the day of the month corresponding to the day of the month you originally registered for Premium Content at the then-current rate to the credit card you used in your most recent transaction with us. LeaderQuest reserves the right to cancel your subscription at any time.
When you sign up for a Course or a Premium Content subscription that requires a payment, you agree to pay it.
Third-Party Payment Processors. LeaderQuest currently uses third-party service providers and third-party payment processor, which offer various payment methods. Such payment methods could change.
You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the LeaderQuest Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the LeaderQuest Service. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.
Availability of Certain Forms of Payment. LeaderQuest makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the LeaderQuest Service.
Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to LeaderQuest, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.
You may send us an email to dispute charges to your account within 30 days of the charge.
Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to LeaderQuest within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to use at firstname.lastname@example.org.
LeaderQuest may provide refunds at its discretion. Our refund policy is available here.
Refunds. We reserve the right, but are not obligated, to refund fees paid to us. Our policy for providing refunds, if ever, for any purchases made by you, is set forth in the LeaderQuest Refund Policy available here and is incorporated into these Terms. A cancellation of a Premium Content subscription will be effective at the end of the month in which we receive notice of cancellation; there will be no pro-rata refunds. LeaderQuest may modify its refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy. Please contact email@example.com to request a refund.
Taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. LeaderQuest will not collect or pay your taxes. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the LeaderQuest Service. LeaderQuest is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
Fees Charged by Third-Party Payment Processors. The LeaderQuest Service uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, and LeaderQuest is not responsible for any fees charged by them. LeaderQuest disclaims all liability with regards to any fees or problems you have with third-party payment processors.
IV. Account Creation and Use by an Agent
You agree that if you create an account and use the LeaderQuest Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.
V. Your Account
If you create an account, you are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the LeaderQuest Service.
To use some parts of the LeaderQuest Service, including Premium Content, you must create an account. If you subscribe to Premium Content, you will need to provide us with your name, email address and billing address, as well as your credit card information. You represent and warrant that the information you provide to LeaderQuest upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
LeaderQuest may communicate with you by email or posting notice on the LeaderQuest Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service related purposes.
Electronic Notices. By using the LeaderQuest Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the LeaderQuest Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the LeaderQuest Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org
VII. LeaderQuest’s Content Ownership and Use
LeaderQuest owns all of the content we create, but you may use it while you use the LeaderQuest Service. You cannot use our logo without our written permission.
The contents of the LeaderQuest Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other LeaderQuest content (collectively, “LeaderQuest Content”). All LeaderQuest Content and the compilation (meaning the collection, arrangement, and assembly) of all LeaderQuest Content are the property of LeaderQuest or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the LeaderQuest Service and the LeaderQuest Content solely for the use of LeaderQuest’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the LeaderQuest Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original LeaderQuest Content on any copy you make of the LeaderQuest Content.
No material made available on or through the LeaderQuest Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the LeaderQuest Service, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the LeaderQuest Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the LeaderQuest Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of LeaderQuest or its licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use. No materials obtained from the LeaderQuest Service, even if authorized for download from the LeaderQuest Service, may be redistributed, nor may they be used for any commercial purpose, without LeaderQuest’s prior written permission. Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.
Additional Licenses. Certain materials made available for download from or through the LeaderQuest Service may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.
No Implied Rights. There are no implied licenses granted in these Terms.
LeaderQuest Marks. LeaderQuest, the LeaderQuest logo, and other LeaderQuest logos and product and service names are or may be trademarks of LeaderQuest (the “LeaderQuest Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the LeaderQuest Marks.
VIII. Intellectual Property Rights and Our License to Use
You, or the people who allow you to use their content, own all of the content you post using the LeaderQuest Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
LeaderQuest Claims No Ownership. The LeaderQuest Service may provide you with the ability to create, post, or share content, including messages in chat rooms and Student Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
If you are an instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you post on the LeaderQuest Course area of the LQ Learning platform.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the LeaderQuest Service, any right, title, or interest (including intellectual property rights) in content delivered via the LeaderQuest Service.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the LeaderQuest Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the LeaderQuest Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the LeaderQuest Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the LeaderQuest Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The LeaderQuest Service contains content from users and other LeaderQuest licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the LeaderQuest Service.
IX. Copyright Policy
Tell us if you think a user has violated your copyright using the LeaderQuest Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the LeaderQuest Service infringe your copyright, you (or your agent) may send LeaderQuest a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the LeaderQuest Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LeaderQuest to locate the material on the LeaderQuest Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send LeaderQuest a counter-notice.
X. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the LeaderQuest Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
XI. User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the LeaderQuest Service or content available on the LeaderQuest Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the LeaderQuest Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the LeaderQuest Service. LeaderQuest does not endorse any, nor is it responsible for, User Content on the LeaderQuest Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the LeaderQuest Service, try to break it, or steal our hard work.
You agree to use the LeaderQuest Service only for its intended purpose. You must use the LeaderQuest Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the LeaderQuest Service are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the LeaderQuest Service, user accounts, or the technology and equipment supporting the LeaderQuest Service;
- frame or link to the LeaderQuest Service without permission;
- use data mining, robots, or other data gathering devices on or through the LeaderQuest Service;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the LeaderQuest Service to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the LeaderQuest Service after your account has been terminated, without our consent;
- use the LeaderQuest Service in an illegal way or to commit an illegal act in relation to the LeaderQuest Service or that otherwise results in fines, penalties, and other liability to LeaderQuest or others; or
- access the LeaderQuest Service from a jurisdiction where it is illegal or unauthorized.
XII. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the LeaderQuest Service.
We reserve the right to suspend or terminate your account and prevent access to the LeaderQuest Service for any reason, at our discretion. We reserve the right to refuse to provide the LeaderQuest Service to you in the future.
LeaderQuest may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the LeaderQuest Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the LeaderQuest Service.
XIII. LeaderQuest’s Liability
We are not liable for the actions of our users when they use the LeaderQuest Service. We may also change the LeaderQuest Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the LeaderQuest Service or other websites.
Changes to the LeaderQuest Service. We may change, suspend, or discontinue any aspect of the LeaderQuest Service at any time, including hours of operation or availability of the LeaderQuest Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the LeaderQuest Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release LeaderQuest of all claims, demands, and damages in disputes among users of the LeaderQuest Service. You also agree not to involve us in such disputes. Use caution and common sense when using the LeaderQuest Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the LeaderQuest Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the LeaderQuest Service. Use the LeaderQuest Service at your own risk. Third-Party Websites. The LeaderQuest Service may include links to third party websites and applications, such as Schoology. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the LeaderQuest Service.
Released Parties Defined. “Released Parties” include LeaderQuest and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the LeaderQuest Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE LEADERQUEST SERVICE IS AT YOUR SOLE RISK, AND THE LEADERQUEST SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE LEADERQUEST SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE LEADERQUEST SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE LEADERQUEST SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LEADERQUEST SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE LEADERQUEST SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE LEADERQUEST SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LEADERQUEST SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the LeaderQuest Service. You may be responsible for our legal fees and costs arising out of your use of the LeaderQuest Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEADERQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE LEADERQUEST SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE LEADERQUEST SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE LEADERQUEST SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE LEADERQUEST SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE LEADERQUEST SERVICE OR YOUR USE OF LEADERQUEST CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any LeaderQuest Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XIV. General Terms
These Terms constitute the entire agreement between you and LeaderQuest concerning your use of the LeaderQuest Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XV. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in Colorado, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the LeaderQuest Service.
These Terms and the relationship between you and LeaderQuest shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions. You and LeaderQuest agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the LeaderQuest Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Denver, Colorado. You covenant not to sue LeaderQuest in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the LeaderQuest Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
LeaderQuest Holdings, Inc.
6825 South Galena Street, Suite 100
Centennial, CO 80112