1. Acceptance of Terms
By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements.
3. Account Registration
3.1. Account Creation
To access certain features of the Service, you must create an account by providing accurate and complete information. You agree to keep your account information up to date.
3.2. Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security.
4. License and Access
4.1. Grant of License
Subject to these Terms, we grant you a non-exclusive, non-transferable, and non-sublicensable license to access and use the Service solely for your internal business purposes.
4.2. Restrictions
You agree not to:
- Modify, copy, or create derivative works based on the Service.
- Reverse engineer, decompile or disassemble any part of the Service.
- Rent, lease, loan, sell, or sublicense the Service.
- Use the Service to build a similar or competitive product or service.
- Remove any proprietary notices or labels from the Service.
5. Use of the Service
5.1. Acceptable Use
You agree to use the Service in compliance with all applicable laws and regulations. You shall not use the Service to:
- Upload or transmit any unlawful, harmful, threatening, defamatory, or otherwise objectionable content.
- Infringe upon the intellectual property rights of others.
- Transmit viruses, malware, or other harmful code.
- Interfere with or disrupt the integrity or performance of the Service.
5.2. User Responsibilities
You are responsible for:
- Ensuring that your use of the Service complies with these Terms.
- Obtaining all necessary rights and consents to input data into the Service.
- Maintaining backups of your data.
6. Proprietary Rights
6.1. Ownership
All intellectual property rights in the Service, including but not limited to software, designs, algorithms, methodologies, and documentation, are owned by RelationshipLadders, LLC or its licensors.
6.2. Feedback
Any feedback, suggestions, or recommendations provided by you regarding the Service ("Feedback") may be used by us without any obligation to you.
7. Confidentiality
7.1. Definition
"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential.
7.2. Obligations
The Receiving Party agrees to:
- Use the Confidential Information solely for purposes of fulfilling its obligations under these Terms.
- Protect the Confidential Information with the same degree of care it uses to protect its own confidential information, but not less than reasonable care.
- Not disclose Confidential Information to any third party without the Disclosing Party's prior written consent.
7.3. Exceptions
Confidential Information does not include information that:
- Is publicly available without breach of these Terms.
- Was known to the Receiving Party prior to disclosure.
- Is received from a third party without restriction.
- Is independently developed by the Receiving Party without use of Confidential Information.
8. Data Protection and Privacy
8.1. Compliance
Both parties agree to comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
8.2. Data Processing
Our collection and use of personal data are described in our Privacy Policy, which is incorporated into these Terms by reference.
9. Fees and Payment
9.1. Subscription Fees
Access to certain features of the Service may require payment of subscription fees as specified in a separate order form or agreement.
9.2. Payment Terms
Billing: Billing will be annual and described in the order form.
Late Payments: All billing is done upfront. Neglect of payment may result in suspension of services.
9.3. Changes to Fees
We reserve the right to change our fees upon 30 days' notice. Fee changes will apply at the start of the next billing cycle and will not be retroactively charged.
10. Term and Termination
10.1. Term
These Terms commence on the Effective Date and continue until terminated as provided herein.
10.2. Termination by You
You may terminate your account at any time by providing written notice to us. No fees will be reimbursed.
10.3. Termination by Us
We may terminate or suspend your access to the Service immediately if you breach any provision of these Terms. No fees will be reimbursed.
10.4. Effect of Termination
Upon termination:
- Your right to access and use the Service will cease immediately.
- Any outstanding fees will become immediately due and payable.
- We may delete your data after 30 days unless legally prohibited.
11. Indemnification
You agree to indemnify, defend, and hold harmless RelationshipLadders, LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:
- Your use of the Service.
- Your violation of these Terms.
- Your violation of any rights of a third party.
12. Disclaimers and Limitation of Liability
12.1. Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.2. Limitation of Liability
To the maximum extent permitted by law:
- Indirect Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
- Cap on Liability: Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.
13. Governing Law and Dispute Resolution
13.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of law principles.
13.2. Arbitration
Any disputes arising out of or related to these Terms shall be resolved by binding arbitration in Rochester, New York, in accordance with the rules of the American Arbitration Association.
13.3. Exceptions
Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
14. Changes to the Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website or via email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
15. Miscellaneous
15.1. Entire Agreement
These Terms, along with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and RelationshipLadders, LLC.
15.2. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
15.3. Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
15.4. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.
15.5. Notices
All notices under these Terms shall be in writing and shall be deemed given when delivered personally or by certified mail, return receipt requested, to the addresses provided by each party.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: RelationshipLadders@ALCLeadership.com
Mailing Address: 1900 Empire Blvd, Suite 200, Webster, NY 14580
Acknowledgment
By using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.
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