Terms of Service

WELCOME TO THE MANAGEMENT FEEDBACK SYSTEM!

Active Leadership, LLC and/or its affiliates (“Active Leadership”) provide web site features and other products and services to you when you visit an Active Leadership site, use Active Leadership products or services, use Active Leadership applications for mobile, or use software provided by Active Leadership in connection with any of the foregoing (collectively, “Active Leadership Services”). Your use of Active Leadership Services is subject to these Terms of Service. Please read them carefully. These Terms of Service are a binding contract between you and Active Leadership. If you do not agree with any of these terms, please exit the Sites.

We offer a wide range of Active Leadership Services, and sometimes additional terms may apply. When you use an Active Leadership Service, you also will be subject to the guidelines, terms of service and agreements (“Service Terms”) applicable to that Active Leadership Service. If these conditions of use are inconsistent with those Service Terms, those Service Terms will control.

YOUR ACCOUNT

You may need an Accouunt (for yor exclusive use) in order to use some of our Services. The decision to provide information requested is purely optional, however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Sites.

When you register or subscribe to the Sites or provide information to the Sites in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Active Leadership does sell products for children. If you are under 18, you may use the Active Leadership Services only with involvement of a parent or guardian.

You agree to accept responsibility for all activities that occur under your Account, and agree you will not sell, transfer or assign your subscription or any subscription rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Sites using your name in whole or in part. If you are using an Active Leadership Account assigned to you by an administrator, such as your employer, different or additional terms may apply and your administrator may be able to access or disable your account.

Active Leadership reserves the right to terminate a subscription and deny access to the Sites to any person who violates these Terms of Service.

OWNERSHIP

All content, text, images, graphics, data, information, and other material displayed, as well as the original selection, arrangement, and presentation of such material displayed, available or present on the Sites (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of Active Leadership, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on the Sites is the property of Active Leadership or its licensors and is protected by copyright, trademark, and other proprietary rights and laws unless otherwise noted and may not be used without our written permission, except as otherwise provided in the Service Terms.

The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by Active Leadership and by other information providers and third parties. For example, “Management Feedback System” is a trademark used by Active Leadership and its predecessors. No Marks may be used in any manner unless approved in advance, in writing by Active Leadership.

Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the Marks without Active Leadership’s prior express written permission. Active Leadership actively protects its rights to the Content to the fullest extent of the law.

AUTHORIZED AND PROHIBITED USES

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content.

If this Site permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Site, the Materials or the Content.

You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Sites without our express written consent. You may not alter or modify in any way, the Sites including but not limited to using any software to suppress or alter the display of advertising on the pages of the Sites.

We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

USER CONDUCT

You agree to comply with all applicable laws and regulations in connection with your use of the Site. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site. Without limiting the foregoing, you agree not to (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any Active Leadership server or to any of the Content, through hacking, password theft or any other means; (b) attempt or enable others to attempt to obtain any Content through any means that Active Leadership has not intentionally made available on the Site; or (c) use the Site or Content in any manner that could damage, disable, overburden, or impair any Active Leadership server, or the network(s) connected to any Active Leadership server, or that might interfere with any other person’s access to or use or enjoyment of any Content.

Site visitors may post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. Active Leadership reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

USER CONTENT

Active Leadership’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Active Leadership can use such data in accordance with our privacy policies. Except as provided in our Site’s Privacy Policy, any Content that you submit to this Site or to us (“User Content”) will be deemed to be non-confidential and may be disclosed through this Site to unknown persons on a worldwide basis without control by Active Leadership, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Site or to us except for Content that is fully authorized for purposes of this Site and these Site Terms, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that ACTIVE LEADERSHIP shall have, and hereby grant to Active Leadership, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Site or to us. Active Leadership does not endorse any User Content, or third party product or service that may appear on this Site. Nothing in these Site Terms shall obligate us to use any User Content you submit or permit the posting of such Content on this Site. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Active Leadership Maps). You warrant that you have the necessary rights to grant us this license for any content that you submit to our Services.

COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT

Active Leadership respects the rights of all copyright holders. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

WARRANTY DISCLAIMERS

THIS SITE, ITS CONTENT, MATERIALS AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ACTIVE LEADERSHIP, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE (INCLUDING ITS CONTENT, MATERIALS, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATIONS ON LIABILITY AND REMEDIES

ACTIVE LEADERSHIP’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ACTIVE LEADERSHIP (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. ACTIVE LEADERSHIP, ITS AFFILIATES, SUPPLIERS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE, SERVICE, OR MATERIALS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH ACTIVE LEADERSHIP. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ACTIVE LEADERSHIP HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS ACTIVE LEADERSHIP’S AND ITS SUPPLIERS’ OR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF ACTIVE LEADERSHIP WILL BE LIMITED TO, IN THE SOLE DISCRETION OF ACTIVE LEADERSHIP, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS SITE RECEIVED BY ACTIVE LEADERSHIP FROM YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Active Leadership and its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, representatives, agents and contractors from and against all demands, claims, damages, liabilities, losses, costs, expenses or harms, including without limitation attorneys’ fees, arising in connection with your use of this Site, online conduct, improper or unauthorized use of the Materials or Content, breach of these Site Terms, infringement of any Intellectual Property Rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of this Site.

BUSINESS USES OF OUR SERVICE

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Active Leadership and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

MODIFICATIONS

Active Leadership shall have the right, at its discretion, to change, modify, add or remove these Terms of Service at any time without notice. Changes shall be effective immediately. You agree to review these Terms of Service periodically since subsequent use by you of the Sites shall constitute your acceptance of any changes. Active Leadership shall have the right at any time to change or discontinue any aspect of the Sites, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we may elect, but are not obligated, to give you reasonable advance notice and a chance to remove information from that Service.

THIRD-PARTIES

These terms control the relationship between Active Leadership and you. They do not create any third party beneficiary rights. Parties other than Active Leadership may provide services, or sell product lines through the Active Leadership Services. In addition, we provide links to Sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Active Leadership does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISPUTES

Any dispute or claim relating in any way to your use of any Active Leadership Service, or to any products or services sold or distributed by Active Leadership or through Active Leadership.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send us a letter requesting arbitration and describing your claim. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Active Leadership Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws and to the jurisdiction of the state and federal courts in Nassau County, New York, which will govern these Conditions of Use and any dispute of any sort that might arise between you and Active Leadership.

ELECTRONIC COMMUNICATIONS

When you use any Active Leadership Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Active Leadership Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you use apps created by Active Leadership, such as the Management Feedback System app, you may grant certain permissions to us for your device.

OUR ADDRESS

Active Leadership, LLC
3101 Lonni Lane, Merrick, NY 11566
https://activeleadership.com

INTERNATIONAL USERS

The Sites is controlled, operated and administered by Active Leadership from its offices within the United States. Active Leadership makes no representation that materials or the Content available through the Sites are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Sites or export the Content in violation of U.S. export laws and regulations. If you access the Sites from a location outside the United States, you are responsible for compliance with all local laws.

ADDITIONAL ACTIVE LEADERSHIP TERMS

You may use Active Leadership Software solely for purposes of enabling you to use and enjoy the Active Leadership Services as provided by Active Leadership, and as permitted by the Conditions of Use and these Terms of Service. You may not incorporate any portion of the Active Leadership Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Active Leadership Software or otherwise assign any rights to the Active Leadership Software in whole or in part. You may not use the Active Leadership Software for any illegal purpose. We may cease providing any Active Leadership Software and we may terminate your right to use any Active Leadership Software at any time. Your rights to use the Active Leadership Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Active Leadership Software that are specifically identified in related documentation may apply to that Active Leadership Software (or software incorporated with the Active Leadership Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Active Leadership Service is the property of Active Leadership or its software suppliers and protected by United States and international copyright laws. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

UPDATES

In order to keep the Active Leadership Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

EXPORT REGULATIONS; GOVERNMENT END USERS

You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Active Leadership Software. If you are a U.S. Government end user, we are licensing the Active Leadership Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Active Leadership Software are the same as the rights we grant to all others under these Conditions of Use.

Last updated: December 1, 2016

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