Positive Leadership Solutions, LLC User Agreement and Privacy Policy

Please read this Agreement carefully. Your use of the Site is expressly conditioned on your acceptance of this Agreement. This Agreement contains important information regarding your legal rights and obligations, including certain limitations and exclusions and a procedure for resolving disputes

BY CLICKING THE “I AGREE” ICON BELOW, AND/OR BY USING LEADTHESIMULATION.COM (THE SITE), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, EXIT IMMEDIATLEY BY CLICKING THE “I DO NOT AGREE” ICON BELOW.

1. Introduction

(a) This User Agreement and Privacy Policy (the “Agreement”) is a legal document. It outlines your rights and obligations as a User of this web site (sometimes called “Site”) in connection with the purchase and use of a leadthesimulation.com subscription provided by Positive Leadership Solutions, LLC (hereinafter sometimes called “PLS”). By making this purchase, PLS will give User a six month subscription to leadthesimulation.com. By accessing this you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Users of this Site, irrespective of whether they have purchased the Site subscription.

(b) Positive Leadership Solutions, LLC reserves the right to revise the content of this Agreement, the Privacy Policy, and any other part of this Site, from time to time in its sole discretion without further notice. If we do so, we will post the revisions on the Site and indicate the date of the last revision. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the any changes in this Agreement, the Privacy Policy, and any other part of this Site.

2. Definitions. As used in this Agreement:

(a) “Site” means the entire content of the web site leadthesimulation.com.

(b) “User” means an individual or business that accesses or uses the Site.

(c) “Registration” means the process of registering to access or use this Site. You are registered when you create an account by providing a user name, password, and certain personal contact information as prompted on the Site.

(d) “Registration Information” means the information, including user name and password, required of a User to use the Site.

(e) Privacy Policy means the statement of Privacy Policy in paragraph 20 and its subparagraphs of this Agreement, as amended from time to time.

3. Subscription Service. Positive Leadership Solutions, LLC grants to User, and User accepts from Positive Leadership Solutions, LLC, a limited, non-exclusive, non-transferable right to access and use the Site solely for User’s academic or personal use. The Site shall not be used by User on behalf of third parties that are not authorized under this Agreement. User acknowledges that its right to use the Site will be web-based only pursuant to the terms of this Agreement and the Software will not be installed on any servers or other computer equipment owned, controlled, or provided to User. User’s access to the Site will commence when User completes Registration. The subscription will terminate 180 days from the day that User completes Registration.

4. Account Requirements. If you register for the Site, you agree to provide accurate, current, and complete Registration Information as prompted by the Registration process. You agree to promptly update the Registration Information you provide to PLS and to keep it accurate, current, and complete. If you provide any information, or we reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, we may terminate your account and refuse all access to or use of the Site. You agree that your right to use the Site is personal to you, and you may not resell, assign, or make any commercial use of the Site and its content. You further agree to not allow anyone but you to use your account to access or use the Site.

5. Password and Security. Upon Registration, you will select a user name and password. You are solely responsible for use of the Site. You must keep your password confidential so that no one else may access the Site through your account. You must notify PLS immediately upon discovering any unauthorized use of the Site or if you believe your password has been compromised.

6. Service Access and Speed

(a) Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.

(b) You may not have full access to the Site if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Site may be limited or denied. PLS is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Site.

(c) Positive Leadership Solutions, LLC shall use commercially reasonable efforts to make the Site available on a 24x7 basis (twenty-four hours per day, seven days per week) during the term of the subscription, except for: (i) scheduled system back-up or other on-going maintenance as required and scheduled in advance by PLS, or (ii) for any unforeseen cause beyond PLS’s reasonable control, including but not limited to internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majure events set forth in this Agreement. PLS will monitor performance indicators on the systems and network infrastructure (its own and that of third party suppliers) in order to gauge the overall performance of its hosting services, and will take reasonable steps to address systems and network infrastructure as required to maintain satisfactory performance of the Site. PLS further reserves the right to monitor and reasonably restrict User’s ability to use the Site if User is using excessive computing resources which are impacting the performance of the Site for other subscribers. PLS agrees to notify User in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or work-around solution.

7. Maintenance. PLS shall maintain the Site and provide all patches and fixes to the Site and its associated content at no additional cost. Provided, however, said maintenance shall not include any major releases of new versions of the software, additional functionality, or custom programming, which PLS, at its discretion, may provide at an additional cost as otherwise agreed between the parties.

8. Disclaimer of Warranties

(a) The Site is provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Site shall be at your sole risk. PLS disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection of the Site and your use thereof. PLS makes no warranties or representations about the accuracy or completeness of this Website's content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of the Site, (iii) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, Trojan horses, or similar programs which may be transmitted to or through the Site by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the Site. You assume the entire risk of loss and damage due to your use of the Site, including but not limited to the cost of repairs or corrections to your hardware or software.

(b) The Site and its content are for academic and skill developmental purposes only. Use and/or completion of the Site’s simulations, vignettes, scenarios, and content in no way result in the granting of certifications, licenses, or accreditations of any type. Completion or use of the Site’s content is in no way indicative of User’s future performance in any career field or academic environment. PLS in no way warrants or is responsible for User’s future actions or performance regarding the skills or knowledge User acquires from using the Site.

9. Limitation of Liability. Your use of the Site is entirely at your sole risk. PLS shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our Site.

10. Responsible Use. Using a computer or mobile device can distract you and may result in a dangerous situation. User agrees that User is responsible for observing rules that prohibit or restrict the use of computers and mobile devices. User further agrees to not use the Site while operating a vehicle, machinery, equipment, or other device that could result in a dangerous situation, regardless of whether such activity is prohibited by laws, rules, or regulations. User agrees that PLS is not responsible for actions taken by User that are in contravention to this paragraph.

11. Indemnification. You agree to indemnify and hold harmless PLS from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Site.

12. Intellectual Property Rights

(a) All content included on the Site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Positive Leadership Solutions, LLC and protected by U.S. and international copyright laws. Any software used on this Site is the property of PLS or its software suppliers and protected by United States and international copyright laws.

(b) User acknowledges that all right, title, and interest in and to the Site and its associated software, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the “Site IP”), is, and at all times shall remain, the sole and exclusive property of Positive Leadership Solutions, LLC. The Site IP contains trade secrets and proprietary information owned by PLS and is protected by United States copyright laws (and other laws relating to intellectual property). Except the right to use the Site, as expressly provided herein, this Agreement does not grant to User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Site or its associated software.

(c) User shall not attempt, or directly or indirectly allow any third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Site IP and/or its associated software in any form or media or by any means.

(d) The provisions of this paragraph 12 and its subparagraphs shall survive termination of this Agreement.

13. Choice of Law. The terms of this Agreement, the Privacy Policy, and use of the Site is governed by the laws of the State of Ohio.

14. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

15. Compliance with Laws. User shall use the Site in accordance with any and all applicable local, state, and federal laws.

16. Headings. The paragraph headings in this Agreement are for convenience only and they form no part of the Agreement and shall not affect the interpretation thereof.

17. Severability. If any provision of this Agreement shall be held illegal, void, or unenforceable, the remaining portions shall remain in full force and effect.

18. Entire Agreement. This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

19. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

20. Privacy Policy.

(a) Positive Leadership Solutions, LLC does not collect personally identifiable information about individuals who visit our Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Users will not be sold or otherwise transferred without the approval of the User. PLS reserves the right to contact a User regarding account status, changes to the Agreement and other matters relevant to the use of the Site. PLS reserves the right to change this policy at any time. Any such change will be posted on the Site.

(b) While using the Site User may make choices and enter non-personal information in response to questions, vignettes, or scenarios. User agrees that this non-personal information and data is the sole property of PLS, and that PLS may aggregate this non-attributable data with that of other users for use in research or for sale.

(c) Our Site may use cookies to facilitate easier navigation within the Site and provide a higher level of convenience for the User. A cookie is a small piece of information about an Internet session that may be created when a visitor accesses a website. Any use of cookies used by our Site will not be written to the visitor's hard drive, exist only until the browser is shut down, do not contain any personal information regarding the visitor, and do not retrieve any information from the visitor's personal computer.

(d) Positive Leadership Solutions, LLC uses a third party vendor to handle payments for subscription to the Site. PLS does not collect or maintain purchaser billing information. Please refer to the third party vendor’s applicable terms and conditions and privacy policy regarding the handling and protection of purchaser’s billing information. User agrees to indemnify and hold PLS harmless for any deliberate or negligent acts by the third party vendor regarding User’s billing and payment information.

BY CLICKING “I AGREE” AND/OR BY USING LEADTHESIMULATION.COM (THE SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, EXIT NOW BY CLICKING ON THE “I DO NOT AGREE” ICON BELOW