1. ACCEPTANCE OF TERMS
C.P.I. Academy, LLC ("we," "us,") owns, operates and maintains the https://www.continuousperformanceimprovementacademy.com site ("Site") and the services ("Services") and products ("Products") we provide on the Site. By accessing or using the Site, the Services and/or the Products, you accept and agree to be bound by these Terms of Use ("Terms"). In addition, when using any of the Services, Products or content on this site ("Content"), you accept and agree to be bound by any posted terms and conditions applicable to such Services, Products or Content. All such additional terms and conditions are hereby incorporated by reference into these Terms.
If you do not agree with or do not wish to be bound by these Terms, please exit the Site now. Your acceptance of and agreement to comply with these Terms become effective immediately upon the commencement of your use of this Site.
We reserve the right to modify these Terms from time to time without notice to you and any such modifications will become effective immediately upon posting to the Site. It is your responsibility to review the Site and these Terms periodically to be aware of any changes to these Terms. Your continued use of this Site, the Services and the Products after such modifications will be considered as confirmation that you agree to be bound by the modified Terms.
2. RESTRICTIONS
The contents of this Site as well as the Services and Products are protected by copyright and trademark laws, and are the property of their owners. Logo's, Software, Software Names, Domain Names & Web Scripts are registered marks and names of the C.P.I. Academy, LLC and all Content on this Site are copyright to C.P.I. Academy, LLC.
You may access and use the Content, Services and Products in the Site for personal or internal business purposes only. You may not change, delete, display, transmit, adapt, exploit, or copy for distribution or sale any Content, Service or Product on the Site without the prior written consent of the owner. By using the Site, you agree to abide by all legal notices and other posted restrictions which are deemed incorporated by reference into these Terms.
3. LINKS AND THIRD PARTY INFORMATION
This Site may link you to other sites on the internet or refer to information, documents, software, products and/or services provided by third parties. You acknowledge that these other sites and parties are not under our control, and you accept that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference in the Site is provided merely as a convenience and does not imply our endorsement of, or association with, the site or party or any warranty of any kind, either express or implied.
You agree that we are not responsible, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any person in connection with your use of any content, goods or services provided by any other site.
Links to our Site are provided by permission only and at our sole discretion. We reserve the right to withdraw or cancel such permission at any time. For permission requests, please contact us through any of the means provided below.
4. SUBMISSIONS
We welcome and appreciate your feedback on any Content, Service or Product in our Site.
Subject to our Privacy Policy, you agree that any content, communications or ideas you transmit to us ("Submissions") through the Site by any means will be treated as non-confidential and non-proprietary. As such, we may disseminate or use your submissions for any purpose whatsoever, including without limitation marketing, quality control, site development and service improvement.
By uploading or otherwise making available to us any such Submissions, you warrant that you and/or the owner has granted to us the perpetual royalty-free, non-exclusive, worldwide right and license to use, reproduce, adapt, modify, translate, publish, distribute, perform, display, and transmit the content for any purpose and in any form or medium.
If your Submission is from an academic source material such as a textbook, you warrant that you are entitled to upload such copyrighted content under the "fair use" doctrine of copyright law.
You must not submit confidential or proprietary information to us unless we have mutually agreed in writing on such submission. Further, you must not submit to us your unsolicited ideas or proposals in any circumstance. This is to avoid any future misunderstandings or issues relating to intellectual property rights.
Any person or entity who has a good faith belief that their copyrighted material is being infringed in our website must file the appropriate notice. For more details, please refer to our Digital Millennium Copyright Act (DMCA) Notice and Procedure.
5. FORUMS
A "forum" means any message board, chat room, user review forum or other interactive service provided on this Site, whether public or private. Registration is required in order to contribute to any forum. By registering and participating in any forum, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including without limitation text, communications, software, images, sounds, data, or other information that:
a. is unlawful, threatening, abusive, harassing, defamatory, libellous, false, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual or violent acts, or otherwise violates our rules or policies.
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party or
f. impersonates any person or entity.
We do not endorse and are not responsible for user-generated content appearing in any forum on the Site. We do not pre-screen, monitor, or edit the content posted by users of the forum. However, we reserve the right to remove at our sole discretion any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for the Site, or is otherwise offensive, abusive, defamatory, obscene, stale, inaccurate or unacceptable. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
By posting content through the Site's forum, you grant or warrant that the owner of such rights has expressly granted us the worldwide, perpetual, nonexclusive right to use such content, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You further warrant that (i) you own or otherwise control all of the rights to the content you posted, (ii) the publication and use of such content by us will not infringe the rights of any third party, and (iii) you waive any "moral rights" with respect to the posted materials. You acknowledge that you are not entitled to any compensation for any content you post on the forum.
6. REGISTRATION
We may, at our sole discretion, suspend or cancel the registration of any forum or general user who violates any of these Terms or any other rules of user conduct for the Site.
7. DISCLAIMER OF WARRANTIES
You agree that all Content, Services and Products on this Site are provided on an "as is" and "as available" basis without any warranty, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
We make no warranty that (a) the Content, Services and Products will meet your requirements, (b) the Content, Services and Products will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of any such Content, Service or Product will be effective, accurate or reliable, or (d) the quality of any Content, Service or Product purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This Site could include mistakes, inaccuracies or typographical errors. We may make changes to the Content, Services and Products at this Site, including the prices and descriptions of any Services or Products listed herein, at any time without notice.
The use of the Services and Products or the downloading or other acquisition of any Content through this Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
In accessing or using the Site, you may have occasion to engage in commercial transactions with other users and vendors. You acknowledge that all transactions you enter into with a third party are between you and said third party. We make no warranty regarding any third party transactions executed through, or in connection with this Site, and you understand and agree that such transactions are conducted entirely at your own risk. We are not bound by any warranty provided by a third party in connection with any products, services, materials, or information available on or through this Site.
You understand and agree that temporary interruptions in the availability of the Site and the Services may occur from time to time. You further accept that there may be delays and disruption of network transmissions which are completely beyond our control.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
To the extent allowed by law, in no event shall we or any of our officers and agents be liable for any special, incidental, indirect, or consequential damages including, without limitation, damages for loss of use, data or profits or any other pecuniary loss arising out of or in connection with the use of this Site or of any web site linked to this Site, the Services and Products.
The entire liability of C.P.I. Academy, LLC, its officers and agents for all losses, damages, costs, and expenses, including attorney's fees, shall not exceed the aggregate amount you paid to us, regardless of the legal theory under which such liability is imposed.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. INDEMNIFICATION
Upon our request, you agree to defend, indemnify, and hold harmless C.P.I. Academy, LLC, our officers, directors, agents, partners, and employees from all liabilities, claims, and expenses, including but not limited to attorney's fees and legal costs, that arise from your use or misuse of this Site, the Services and Products. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
10. CONFIDENTIALITY AND NON-COMPETE
You acknowledge that the concepts, techniques, strategies, materials and information presented on our Site are copyrighted and proprietary. As such, you agree not to copy, record, duplicate or distribute such copyrighted and proprietary content in any manner, form or medium, for any commercial purpose without our express written consent. Any unauthorized use, disclosure or distribution of our intellectual property by you or your representative(s) whether for valuable consideration or otherwise is strictly prohibited.
11. TERMINATION OF USE
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating or suspending your access to the Site and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, your right to use the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of such termination or suspension.
Notwithstanding the termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions relating to ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, consequences of improper conduct, fraud or abuse, and the provisions of this section which, by their nature apply after termination.
12. GOVERNING LAW
By accessing this Site you agree that the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof will apply to all matters relating to the use of this Site and the purchase of the Services and Products through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Michigan, with respect to such matters.
If you become aware of a violation or potential violation of these Terms by a user, please notify us through:
C.P.I. Academy, LLC
1711 Fairway Dr.
Birmingham, 48009, USA
Phone: 917-361-9431
Fax: 866-931-8840
contact@cpiacademy.com
