LEADERCLOUT LLC WEBSITE TERMS AND CONDITIONS OF USE
LAST UPDATED: APRIL 20, 2023
NOTICE: These Terms and Conditions of Use (“Terms and Conditions”) are legally binding. It is your responsibility to read these Terms and Conditions carefully prior to purchase, use, or access of any of our services, products or events. By using this website in any manner, you agree to these Terms and Conditions.
OVERVIEW
This website is owned and operated by Leaderclout LLC, a Delaware company (“we”, “us” and “our”). Our principal place of business is located at 2261 Market Street #4055, San Francisco, CA 94114.
These Terms and Conditions explain our relationship with all website users, visitors, customers, potential clients, and all other users of the website (“user”, “you” and “your”).
Our website provides content to help you learn about our company and permits you to contact us with questions or comments. Our website offers products, services and other resources such as a blog, online courses, physical products, digital products, membership site, coaching services, templates, forms, workshops, webinars, group programs, trainings, events, consultations, podcasts, videos, checklists (“Offerings”). These Terms and Conditions govern your use of our website and offerings. You might also have other written agreements with us, such as a signed membership agreement or terms of purchase that govern your use and purchase of our offerings.
GENERAL PROVISIONS
You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our website on a reputable platform and take reasonable efforts to maintain and host the website. However, we make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Leaderclout LLC, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this website is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, reverse engineer, or publish any of our intellectual property except as expressly provided in these Terms and Conditions or with prior written consent from us.
You may not use our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from our website to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this website and in order to maintain the integrity of it, we cannot allow any third party use.
You may view, download for caching purposes and print pages from portions of the website for your personal, noncommercial purposes only, subject to the restrictions set out in these Terms and Conditions.
SECURITY AND ASSUMPTION OF RISK
To access our website or offerings, you may be required to create an account with a username and password or give us information such as your name, email, or address.
SECURITY: It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Square, or other secure online payment processors. By utilizing these payment processors to gain access to the Offering, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY: You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent membership agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK: By accessing our offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to You.
PERMITTED USES: You may use our website for lawful purposes only and such use is subject to these Terms and Conditions.
PROHIBITED USES: You are not allowed to do any of the following:
Use our website for any illegal, unlawful, fraudulent, harmful or unauthorized purpose;
Cause damage to our website;
Use our website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes;
Systematically or automatically collect data from our website; or
Post or transmit through the website any material that violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, worms, malicious code, spam, virus, recipes, fraudulent links, fake accounts, or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
YOUR COMMUNICATIONS
Any communications made through our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties.
Neither receipt of information presented on our website nor any email or other communication sent to Leaderclout LLC will create an attorney-client relationship. An attorney-client relationship is only formed when You have signed an engagement agreement with an attorney.
We own any and all communications displayed on our website, servers, comments, emails, or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website.
If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively. The information presented is not medical, legal, or financial advice, should not be acted on as medical, legal or financial advice, and is subject to change without any notice. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at info@leaderclout.com.
THIRD PARTY DISCLAIMER
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OFFERINGS, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OFFERINGS, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
Upon a request by us, you agree to indemnify, defend and hold us and our partners, directors, officers, employees, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of the website, including its materials, products, offerings, or services, or third-party materials, products or services made available through the website and from your failure to maintain the confidentiality and security of your password or access rights to this website. Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the website, including its materials, products, offerings, or services, or third-party materials, products or services made available through the website. You shall not settle any third party claim or waive any defense without our prior written consent. 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 will cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL LEADERCLOUT LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OFFERINGS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY TO YOU IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE ACTUAL AMOUNT YOU HAVE PAID US FOR THE SERVICES OR PRODUCTS IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT APPLY TO YOU.
AFFILIATES
This website may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our website(s).
ENTIRE AGREEMENT
Before you register with our website or make any purchases us, you will be asked to consent to our Privacy Policy. Before you make a purchase from Leaderclout LLC, you will be asked to consent to our Terms of Purchase or Membership Agreement. If you have consented, or once you do consent, the terms of the Privacy Policy and the Terms of Purchase together with these Terms and Conditions, the information contained herein constitutes the entire agreement between website users and our company relating to the use of this website.
LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Delaware, United States. Before filing a civil cause of action, the parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation with the help of a mutually agreed upon mediator in the state of Delaware.
CONSENT
By using our website, you hereby consent to our Terms and Conditions of Use, our Terms of Purchase, and Privacy Policy. If you require any more information or have any questions about our Terms and Conditions of Use, Terms of Purchase, Membership Agreement or our Privacy Policy, please feel free to contact us by email at info@leaderclout.com.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use, Terms of Purchase, Membership Agreement and Privacy Policy or any express written here, are reserved by Company.
WAIVER
The failure of Leaderclout LLC to exercise or enforce any right or provision of these Terms and Conditions will not operate as a waiver of such right or provision. Any waiver of these Terms and Conditions must be in writing and signed by an authorized representative of Leaderclout LLC.
SEVERABILITY
If any part of these Terms and Conditions of Use, Terms of Purchase, Membership Agreemen and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: info@leaderclout.com