Terms of use

last updated September 6, 2024

These terms and conditions (the “Terms of Use”) constitute an agreement between Leaderful, LLC (“Leaderful,” “us,” “we,” “our”) and you, and which govern your use of our website, www.beleaderful.com (the “Site”). By using the Site, you acknowledge and agree to be bound by our Terms of Use. Please read our Terms of Use carefully, and check them periodically. We may have changed the Terms of Use since your last visit. We reserve the right to change the Terms of Use at our discretion. All such changes will be binding upon you as of the revised effective date. Your continued use of the Site after any such changes will be considered as your acceptance of the most recent version of the Terms of Use, including any such changes. It is your responsibility to check the Terms of Use and make sure you agree to and accept the latest version of our Terms of Use. If you do not accept the Terms of Use, please do not use this Site. You may not amend or modify the Terms of Use under any circumstances. By using this Site, you represent and warrant that you are at least 18 years old, or visiting the Site under the supervision of a responsible parent or guardian. By using our Site, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Moreover, please note that if you use the Site on behalf of an entity or agency, or in connection with providing or receiving Services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the Terms of Use and agree that you are binding both you and that entity or agency to the Terms of Use.

1. General

Our Site is intended to provide information about our consulting services (the “Services”), which consist of diversity, equity, and inclusion trainings for organizations of all sizes. The Site was developed by and for Leaderful, and belongs exclusively to Leaderful, LLC, a California LLC with headquarters at 2211 E. Orangewood Ave #351, Anaheim, CA. We reserve the right to withdraw or amend the Site, any Service, and any Content (as defined herein) provided on the Site, at any time, and at our sole discretion.

2. Intellectual Property Rights

You understand that: (a) the Site, including, but not limited to, all trademarks, trade names, brand names, logos and images, service marks, trade dress, and all other relevant intellectual property rights, and (b) all information, materials, software or HTML code, scripts, text, artwork, photography, images, video and audio, and the design, selection and arrangement thereof, and all relevant and associated intellectual property that are displayed or contained on the Site (the “Content”) are our sole property (or, in some cases, are licensed to us). As such, the Content is protected by United States and international copyright, trademark, patent, and other intellectual property, proprietary rights, and unfair competition laws. All Content is provided solely as a service to Site users. Except per the limited license set forth below and the limited and temporary rights otherwise contained herein, nothing in these Terms of Use shall be construed as conferring any right, title, or interest in the Site or the Content.

3. Limited Right License, Permitted Uses, and Use Restrictions

By accepting the Terms of Use and by using the Site, Leaderful grants you a limited, non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable right to access and use the Site and Content. You may only use the Site and its Content for non-commercial use and the limited uses described here. In addition, your limited right to use and view the Site is subject to certain restrictions, which you agree to by visiting and/or viewing our Site. These restrictions are standard, meant to protect us as well as all our users, and are as follows: (i) You may not post or submit any content that is patently offensive to the online community, such as content that reflects or promotes racism, bigotry, hatred, or threats of physical harm of any kind against any group or individual; (ii) You may not copy, publish, distribute, display, modify, create derivative works from, sell, license, sublicense, sell, reverse engineer, decompile, disassemble, or otherwise exploit any portion of the Site without the prior express and specific written permission of a Leaderful principal or authorized representative; (iii) You may not remove or alter any copyright, trademark, or other proprietary rights notices from the Site or any portion thereof; (iv) You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or any applicable laws or regulations; (v) You may not defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity; (vi) You may not submit or post content that contains restricted or password-only access pages, or hidden pages or images, that displays pornographic or sexually explicit material of any kind, or that provides instructional information about any illegal activities; (vii) You may not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information; (viii) You may not restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; (ix) You may not express or imply that any statements you make are endorsed by Leaderful without Leaderful’s prior explicit written consent; (x) You may not upload to, transmit through, or display on the Site any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Leaderful in a prior mutual written agreement); (xi) You may not engage in spamming or flooding; (xii) You may not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (xiii) You may not take any actions that may impose an unreasonable or disproportionately large load on Leaderful’s hardware and software infrastructure; (xiv) You may not “frame” or “mirror” any portion of the Site or link to any page of or material on the Site other than the Site’s official designation; (xv) You may not use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine,” skim, crawl, or in any way reproduce, glean data from, or circumvent the structure or presentation of the Site; (xvi) You may not harvest or collect information about users of the Site without their express consent; and (xvii) You may not remove or amend or hide any disclaimers contained in the Site. We reserve the right to revoke and/or modify these limited rights at any time, without notice, and for any or no reason. We also restrict any actions not expressly prohibited here but that are within the spirit or meaning of these enumerated restrictions, or otherwise violate applicable laws or regulations. Please note that you are responsible for all the activities of all end users who access or use the Site on your device.

4. User-Submitted Content

You agree that any information (other than personal information) that you communicate or submit to us, our agencies, designees, and affiliates (which may include suppliers, sponsors, partners, advertisers, distributors/retailers, or authorized representatives in any form) (the “Affiliates”), via our Site, including but not limited to feedback, data, questions, comments, product ideas, know-how, applications, suggestions, photos, text, graphics, sounds, and other materials, including via social media, is voluntarily submitted, and shall not be deemed confidential or proprietary, even if such information is labeled confidential or proprietary. You acknowledge and agree that any submission is entered and transmitted to us at your own election and risk, and that we are not responsible for any loss of such submission, any loss of confidentiality or privacy in connection therewith, or any other loss or liability relating to or arising from any submission (other than as described in our Privacy Policy). Your submission of such information shall constitute your grant to Leaderful and our Affiliates of a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, and publicly display and perform such submissions. Except for the foregoing license, we do not claim ownership of any kind in your submissions. With your submissions, you represent, warrant, and covenant that you own or otherwise possess all necessary rights with respect to such submissions, and that your submissions do not and will not violate any intellectual property or proprietary right of any third party, and are not otherwise unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or objectionable. Indeed, we and our Affiliates do not have any obligations whatsoever with respect to any submissions, and are free to reproduce, use, disclose, and distribute such information to others without limitation or liability. You agree that we may (but are not obligated to) do any or all of the following, at our sole discretion: (a) monitor, filter, alter, or delete any submissions (including blocking or replacing expletives or other language that may be considered harmful or offensive), and/or (b) disclose any submissions, and the circumstances surrounding the submission and its transmission, to any third party in order to, among other reasons, operate the Site; to protect ourselves, our Affiliates, and other users; to comply with legal obligations or governmental requests; to enforce these terms; or for any other reason or purpose.

5. Payment & Fees

These Terms of Use incorporate by reference all payment terms, prices, and subscription fees for the Services that are displayed on our Site. By purchasing one of our Services, you agree to abide by, without limitation, the payment terms, schedules, prices, fees, taxes, and costs which apply to and govern your purchase of the specific Leaderful Service that you purchased. In general, Services shall be purchased after you and Leaderful have communicated (typically via email), confirmed, and scheduled the requested Services. Once the Services are scheduled, Leaderful shall provide a Service Order confirming the Services ordered, cost of Services, and payment terms. Payment in full for Services purchased shall be due within thirty (30) days of the date that a scheduled training is completed. For specific payment terms, schedules, methods, and dispute resolution, please refer to the applicable Master Services Agreement and/or Service Order that you have with Leaderful for the specific Service that you have purchased. We reserve the right to amend our fees and charges at any time in our sole discretion, and you understand that we may add new Services, add-ons for additional fees and charges, and change our payment terms at any time, and in our sole discretion.

6. Links

We may, from time to time, include links to other sites on our Site. We may not pre-screen all of the sites linked to our Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of the site. Use of any such linked website is at your own risk.

7. Disclaimer & Waiver

This Site, in all aspects, is provided to you on an “as is” basis. We do not warrant that the Content is accurate, complete, reliable, current, or error-free. LEADERFUL MAKES no representations that our PRODUCTS or services are appropriate or available for use in all locations. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; or (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED. NEITHER LEADERFUL nor ANY OF our third-party providers OR AFFILIATES make any representatives or warranties of any kind, express or implied, as to the operation or availability of the Site or Content, or any functionality included on or otherwise made available to you through the Site. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the Content on the Site or on any sites linked on the Site. You expressly agree that your use of (or inability to use) the Site, or with respect to any submission of information, is at your sole risk. While WE take all reasonable and appropriate measures to protect you, WE DO not represent or guarantee that the site will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and WE disclaim any liability thereto. We reserve all right to seek any and all legal and equitable remedies available to enforce these Terms of Use and/or actions for damages arising from these Terms of Use. Your sole and exclusive remedy for any of the above claims or any dispute with us related to any use of the Site is to discontinue your use of the Site. In the event any cause of action arising out of or related to the Site is deemed permissible notwithstanding any language to the contrary herein, you agree that such cause of action must commence within one (1) year after INCIDENT(S) UNDERLYING the cause of action accrues. Certain state laws and jurisdictions limit these limitations on implied warranties or limitations/exclusions of damages. To the extent these laws apply to you, you may have additional rights than as limited herein. Regardless of whether your state or jurisdiction limits any portion of this section of the Terms of Use, this section and the rest of the Terms of Use shall remain fully applicable to the fullest extent possible in light of such state or jurisdictional limits.

8. Indemnification

You will, to the fullest extent permissible by law, indemnify and hold harmless Leaderful and its directors, officers, employees, agents, representatives, licensors, third-party providers and affiliates’ respective directors, officers, employees, agents, representatives, licensors, and third party providers (together, the “Leaderful Indemnitees”), on demand, from and against any and all claims, fines, liabilities, losses, and other damages (including reasonable costs and attorneys’ and experts’ fees) incurred by any of the Leaderful Indemnitees, and shall defend the Leaderful Indemnitees against (i) all claims arising out of or relating to your use of the Site, including that any submissions or information you provide in connection with your use of the Site that infringes, misappropriates, or otherwise violates any intellectual property right or proprietary right of a third party; (ii) all claims arising out of or relating to fraud, intentional misconduct, or gross negligence, committed by you and related to your use of this Site; and (iii) all claims arising out of or relating to your failure to comply with, or any breach committed by you, of any provision of the Terms of Use. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of the Leaderful Indemnitees.

9. Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall LEADERFUL or its employees, OFFICERS, DIRECTORS, agents, assigns, affiliates, service-providers, or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss Of profits, goodwill, use, data, or other intangible losses, or loss of life, limb, or losses due to bodily harm or property, incurred by you or any third party, whether in an action in contract or tort, arising from the use of, or inability to use, the SITE and the service, even if LEADERFUL has been advised of the possibility of such damages or losses. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. Release

In addition, by using the Site, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, you agree to waive any claim against the LEADERFUL Indemnitees, and release the LEADERFUL Indemnitees from any liability for any loss or damages of any kind arising from: (a) use of the Site; (b) any Content or functionality included or made available through the Site; (c) any actions LEADERFUL takes or fails to take as a result of communications you send to us; or (d) any delay or inability to use the Site. Your waiver waives claims for any and all damages under any applicable, relevant, or alleged legal theory (including contract, negligence, strict liability, or tort law), even if we have been pre-advised of the possibility of damages (including actual, punitive, or consequential).

10. Release

11. Modifications

Leaderful may revise these Terms of Use at any time without notice. By using our Site, you are agreeing to be bound by the most current version of these Terms of Use.

12. Privacy Policy

Use of our Site also subjects you to our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Use by reference.

13. Copyright Protection

If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you or your agent may send us a written notice, via our “Contact Us” page, requesting that the material be removed or access to it blocked. The notice must include the following: • A physical/electronic signature of the owner of the allegedly infringed exclusive right or his/her authorized representative; • Clear identification of the original/an authorized copy of the copyrighted work’s location; • Clear identification of the material that is claimed to be infringing; • Sufficient and current contact information of the alleged copyright owner or owner’s agent; • A statement of your good faith belief (and the basis for such belief) that our use of the material is not authorized by the copyright owner, his/her agent, or the law; and • A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed exclusive right.

14. Governing Law, Venue, and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws, rules, and regulations of the State of California without giving effect to any choice-of-law provision or rule otherwise. By using this Site, you irrevocably submit to the exclusive jurisdiction of the courts in California. If the Site or your use of it is in any way contrary to the laws of the place from which you are accessing the Site, you agree that Leaderful has no responsibility for such use. You are solely responsible for understanding the legal limitations of your use of the Site in any jurisdiction outside of the United States, and you are responsible for discontinuing your use of the Site in such jurisdiction if your use contradicts that jurisdiction’s laws and regulations.

15. Arbitration

Notwithstanding the above, all disputes shall be resolved through arbitration. Any claim or dispute arising from these Terms of Use and our Site must be noticed for arbitration within one year of when such claim or dispute could have first been filed, or be permanently barred. The American Arbitration Association (“AAA”) will conduct the arbitration under its Commercial Arbitration Rules. The venue for any such arbitration shall be Los Angeles County, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16. General

These Terms of Use, and our Privacy Policy, constitute the entire agreement between you and Leaderful with respect to your use of the Site and all matters addressed in the Terms of Use, with the exception of a Master Services Agreement or Service Order that you may have executed with Leaderful in the course of purchasing Leaderful’s Service(s). Any failure by Leaderful to enforce any provision in these Terms of Use will not be construed as a waiver of such provision or any other provision herein. No waiver from these Terms of Use will be binding upon Leaderful unless in writing and signed by an authorized representative of Leaderful. Any such waiver will only be valid as to the particular instance referred to in the In addition, by using the Site, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, you agree to waive any claim against the LEADERFUL Indemnitees, and release the LEADERFUL Indemnitees from any liability for any loss or damages of any kind arising from: (a) use of the Site; (b) any Content or functionality included or made available through the Site; (c) any actions LEADERFUL takes or fails to take as a result of communications you send to us; or (d) any delay or inability to use the Site. Your waiver waives claims for any and all damages under any applicable, relevant, or alleged legal theory (including contract, negligence, strict liability, or tort law), even if we have been pre-advised of the possibility of damages (including actual, punitive, or consequential). waiver. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, the remainder of the Terms of Use will continue in full force and effect, and such invalid provision, to the maximum extent permitted by law, and to the maximum extent possible, will be construed in accordance with the original intent of the parties, and to the extent not possible, will be deemed severable from the Terms of Use. Headings used in the Terms of Use are for reference and organizational purposes only, and do not otherwise have any significance or limitations with respect to interpreting these Terms of Use. Throughout these Terms of Use, words such as “including” and “for example” mean “without limitation.” If you have any questions or complaints regarding the Terms of Use, please email us at [email protected].