Use of the Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service. Fine Points reserves all rights not expressly granted herein in the Service and the Content (as defined below). Fine Points may terminate this license at any time for any reason or no reason.
All right, title, and interest in and to the Service (excluding Content provided by you) are and will remain the exclusive property of Fine Points and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in this Agreement gives you a right to use the Fine Points name or any of the Fine Points trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Fine Points or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Fine Points will not be liable for any loss or damage arising from your failure to comply with these requirements. By connecting to Fine Points with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials and other data received from that service. By providing Fine Points your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you, or to users generally; or we may create usage limits for the Service.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-U.S. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people’s private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a your privacy; (viii) access or tamper with non-public areas of the Service, Fine Points’ computer systems, or the technical delivery systems of Fine Points’ providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Fine Points (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Fine Points (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Fine Points except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any you, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
Fine Points may investigate and/or suspend your account if you violate any of the above policies. Fine Points reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate this Agreement.
The Leadership Practices Inventory (“LPI”), including its entire contents, is the property of John Wiley & Sons, Inc. (“Wiley”) and incorporates valuable copyrights, trademarks and other proprietary rights and trade secrets. Wiley retains all rights in the LPI, including the right to create derivative works and to sell and license them anywhere in the world. Nothing on this site may be downloaded, reproduced, stored in a retrieval system, modified, made available on a network, used to create derivative works, or transmitted in any form or by any means, except as permitted under Section 107 of the 1976 U.S. Copyright Act or as expressly authorized by this License Agreement or the instructions and functionalities contained in the LPI. You shall not remove, obscure or modify any notices contained on any screen display or attempt to reverse engineer, disassemble, decompose, amend or modify or similarly manipulate all or any portion of the LPI or do at any time any act or thing which may in any way adversely affect any rights of Wiley.
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
By submitting, posting or displaying Content on or through the Service, you grant, and you represent and warrant that you have a right to grant, to Fine Points a worldwide, non-exclusive, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, publish, transmit, perform, display, distribute, and make derivative works of such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Fine Points to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services.
Your Content will be able to be viewed by other you of the Service (such as workshop facilitators and coaches) and approved employees of your company who commission use of the Service. You should only provide Content that you are comfortable sharing with others under the terms of this Agreement. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service nor does Fine Points endorse any opinions expressed via the Service. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Fine Points be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content will be published on the Service and may be republished, and if you do not have the right to submit Content for such use, it may subject you to liability. Fine Points will not be responsible or liable for any use of your Content by Fine Points in accordance with this Agreement. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit and that Fine Points’ use of your Content in accordance with this Agreement will not violate any law or infringe the rights of any third party.
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. In consideration for Fine Points granting you access to and use of the Service, you agree that Fine Points and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate your access. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to you support requests, or (v) protect the rights, property or safety of Fine Points, its users and the public.
Purchase & Return Policy
You may browse and purchase subscriptions, products, bundles and services (collectively “Products”). All licenses granted hereunder are subject to Your payment of all fees or other charges set forth in this Agreement and/or the applicable Order Form (“Fees”). You agree to pay all Fees in accordance with the terms and conditions set forth in this Agreement and the applicable Order Form. Unless otherwise set forth herein, all Fees paid are non-refundable.
Some Products and components of Products may be made available by third parties and governed by applicable licenses and copyright laws. You agree that Fine Points or third parties own all right, title and interest in the Products, including without limitation all applicable Intellectual Property Rights in the Products. “Intellectual Property Rights” means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.
Fine Points may add new features and functionality to the Products for additional fees and charges at any time. Fine Points may amend fees and charges for the Products, at any time in its sole discretion, and such amended Fees shall go into effect during the Subscription Term immediately following the then-current Subscription Term.
You agree that you are solely responsible for all fees associated with purchases you make from Fine Points. Fine Points may make available to you various payment methods to facilitate the purchase of Products from Fine Points. You agree to abide by any relevant terms that govern the use of the particular payment processing method. Fine Points reserves the right to add or remove payment methods at its sole discretion.
In order to access certain online services provided by Fine Points, You may be required to provide information, such as your name, address, and billing details. You agree that any such information you provide to Fine Points will always be accurate, correct and up to date.
In the event Fine Points terminates this Agreement for Your breach of the Agreement, You shall receive no refund or exchange for any unused time on a Subscription, any license or Fees for any portion of the Products, or for anything else. In the event You terminate this Agreement due to Fine Points’ uncured breach of the Agreement in accordance with the termination provision set forth below, You shall be entitled to receive a refund of any prepaid Fees for the portion of any then-current Subscription Term that remains as of the effective date of termination, which will be prorated on a calendar monthly basis. Partial months shall be treated as fully used and shall not apply against any proration. All information that You provide in connection with a purchase or transaction or other monetary transaction interaction with Fine Points must be accurate, complete, and current. You shall pay all Fees and any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Fine Points by any authority in connection with or arising from the Products, and/or this Agreement, excluding taxes based upon Fine Points’ net income but inclusive of any applicable withholding taxes. You shall pay each invoice issued by Fine Points by the due date and in the currency specified by Fine Points in the applicable Order Form. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less.
Should there be a factory defect or incorrect shipment we will gladly exchange the item for the correct product, provide store credit, or issue a credit to your credit card. Under these circumstances Fine Points will cover all costs involved in returning the merchandise. Only returns of defective or incorrect merchandise will be eligible for 100% money back and return shipping paid for.
FOR ALL RETURNS:
Call +1 (513) 793-9144 or email firstname.lastname@example.org within 5 days of receiving goods for a return authorization.
Fine Points may permanently or temporarily stop providing all or a portion of the Products, to you, or to users generally, at Fine Points’ sole discretion, without prior notice to you. If Fine Points disables access to your account, you may be prevented from accessing the Fine Points website, your account information and Products that are stored with your account.
You agree to use the Fine Points website only for purposes that are permitted by the TOU and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls. By using the Fine Points website, You represent and warrant that you are not prohibited from receiving exports or services under US or other applicable export laws. You agree to comply with all local laws and regulations regarding the download, installation or use of the Products.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fine Points of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your access to and use of the Service, third-party Products or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, COMPANY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Fine Points makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Fine Points will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, third-party Products and any Content. You also agree that Fine Points has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Fine Points makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Fine Points or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, THIRD-PARTY PRODUCTS OR CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify and hold harmless Fine Points and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted or received by you; (ii) your violation of any provision of this Agreement; or (iii) any other party’s access or use of the Service with your username and password or other appropriate security code.
These Terms and any action related thereto will be governed by the laws of the State of Colorado without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceeding Colorado Springs, El Paso County, Colorado and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This Agreement is the entire and exclusive agreement between Fine Points and you regarding the Service (excluding any services for which you have a separate agreement with Fine Points that is explicitly in addition or in place of this Agreement), and this Agreement supersedes and replaces any prior agreements between Fine Points and you regarding the Service. The failure of Fine Points to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
Fine Points may provide notices to you via email, written or hard copy notice, or through posting on the Service, as determined by Fine Points in our sole discretion. Fine Points reserves the right to determine the form and means of providing notice to you, provided that you may opt out of certain means of notice as described in this Agreement.
How to Contact Us
If you have questions about this Agreement, please contact us at email@example.com.
Fine Points may modify or update this Agreement from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page.
This Agreement was last modified on December 5, 2015.