Terms of Use

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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome to KaleidoscopeLeadership.biz, which is operated by Kaleidoscope, part of Options Unlimited, LLC  ("we" or "our"). Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof ("Contract") between us and you or between us and your employer or a party for whom you perform services ("you" and the party to any such Contract being a "Client"), by using KaleidoscopeLeadership.biz or any mobile application operated by us (collectively, the “Site”), you agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or content on the Site ("Terms of Use").

We reserve the right to modify these Terms of Use at any time without notice to you. Your continued use of the Site after any such change constitutes your agreement to follow and be bound by these Terms of Use as modified.

USE OF SITE AND CONTENT AND COPYRIGHT

You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the "Content") solely for your institute's or organization's internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by us in writing or expressly permitted in these Terms of Use.

Neither you nor your institute or organization may use any Content or any excerpt from any Content to promote your or your institute's or organization's products or services. External citation to the Content is prohibited without our express written permission and is subject to our written approval.

The Site and all of the Content are protected by U.S. and/or international copyright laws and conventions, and belong to us, our licensors or third parties. No right, title or interest in any Content is transferred to you.

You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.

RESTRICTED AREAS

Access to certain areas of the Site is restricted ("Restricted Areas") to our Clients to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from us (or from your employer if your employer has been authorized by us to issue such password). You may not use another person's password to access the Site.

If you are a Client, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Site or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with any other individuals or third parties, except as expressly provided in these Terms of Use. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password.

INTERACTIVE SERVICES

Certain areas of the Site contain interactive services, where visitors are permitted to post content for publication on the Site. This includes our Member Forum. If you elect to use such interactive services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("User Content").

You may submit User Content so long as the content is not illegal, obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. We reserve the right, but do not assume the obligation, to remove any User Content that we deem, in our sole discretion, to have violated these Terms or which otherwise are inconsistent with the purposes of the Site.

You should not, however, upload any of the following types of information: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or (b) personally identifiable information including (i) drivers license numbers, (ii) passport numbers, (iii) social security, tax identification or similar numbers, or (iv) bank, checking, credit card, debit card, or other financial account numbers.

You hereby grant us a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at our discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity.

We take no responsibility and assume no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content. We reserve the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.

Notwithstanding any language to the contrary in your Contract or any other agreement, by posting any User Content on this Site, you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or Client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.

ACCURACY OF INFORMATION

The Content on this Site is based on our reasonable efforts to compile and analyze the best sources reasonably available to us at any given time. Any opinions reflect our judgment at the time and are subject to change.

You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.

WARRANTIES DISCLAIMER 

This site and the content are provided "as is," and we do not make any warranties, express or implied, with respect to the Site or the content, including, without limitation, those of merchantability or fitness for a particular purpose.

To the maximum extent permitted by law, we further disclaim all warranties (i) relating to the accuracy, reliability, correctness, or completeness of the content or any portion thereof that is made available on the Site; (ii) that the content provided through the Site will be free from errors, omissions, defects, or delays in operation, or from technical inaccuracies or other errors; (iii) that the content shall not infringe the intellectual property or proprietary rights of any third party; (iv) that the content will be free of viruses or other harmful components; or (v) that the Site will be available at any particular time or location.

LIMITATIONS ON LIABILITY

You agree that we shall not be liable under any circumstances or under any theory of law for any direct, indirect, special, consequential or incidental damages, including without limitation, damages for lost profits, business failure or loss, arising out of your use of the Site, the content or user content, whether or not we has been advised of the possibility of such damages.

You agree further that we shall not be liable for any damages incurred by you arising as a result of reliance upon the content, user content or the Site or any claim attributable to errors, omissions or other inaccuracies in the content or the site or interpretations thereof. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law, and the terms limiting our liability in this section shall in any case be interpreted to limit our liability to the greatest extent permitted by law.

INDEMNIFICATION

You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless the Kaleidoscope Leadership Institute, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.

LINKS

The Kaleidoscope Institute may provide links to third-party content and other websites on the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.

MOBILE APPLICATIONS

To the extent that you may use a mobile application operated by the Kaleidoscope Institute (a "Mobile Application"), the following additional terms and conditions apply:

Subject to these Terms of Use, we hereby grant you the non-exclusive, non-transferable right to download the Mobile Application solely onto your own handheld mobile device and to use the Mobile Application solely for uses permitted hereunder and as permitted by the applicable third party from which you received the Mobile Application.

You may: (i) use any third party component included in the Mobile Application (“Third Party Component”) only as an integral component of the Mobile Application; (ii) not use the Mobile Application or any Third Party Component for development, compilation, debugging and similar design-time purposes; (iii) not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Mobile Application or any Third Party Component or attempt to do any of the foregoing in relation to the object code of the Mobile Application or any Third Party Component; and (iv) not modify, adapt, translate or create any derivative works of the Mobile Application or any Third Party Component or merge the Mobile Application or any Third Party Component into any other software.

You may only use, copy, modify, or transfer the Mobile Application or any Third Party Component, or any copy, adaptation, transcription, or merged portion thereof, as expressly permitted herein.

 

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