Leadercast 365 Individual Subscriptions Terms of Service

 

Please read these Terms of Service carefully before using Leadercast or becoming an individual member/subscriber of Leadercast.

 

1.0 Introduction

Welcome to the Leadercast website (“Leadercast”). Leadercast is owned and operated by The LC Group, LLC (“The LC Group, LLC,” “we,” “us,” “our”). This page contains the Terms of Service for Leadercast 365 Individual Subscriptions (“Terms of Service”), which govern your use of Leadercast and your subscription to Leadercast. (If you are enrolled in a Leadercast 365 Group Subscription, you are subject to the terms of the Group Subscription rules, please contact your group administrator or Subscriber for your Terms of Service.) By using Leadercast, you acknowledge that you understand the terms and conditions set out here and that you agree to comply with these Terms of Service. If you are not able to accept and abide by these Terms of Service, please do not use Leadercast.

 

2.0 Changes to Terms of Service

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. When we make changes to the Terms of Service that we consider material, we will notify you by email or within Leadercast. Your continued use of Leadercast following the posting of changes to these terms will mean you accept the changes to the Terms of Service.

 

3.0 Leadercast Subscriptions and Trials; Account Information; Subscription Fees/Payments

3.1 Leadercast Subscriptions; Trials. Leadercast is a premium leadership-learning service available through a paid subscription. You must become a subscriber to Leadercast (a “Subscriber”) and pay the associated subscription fees to access and use the content on Leadercast unless you are the beneficiary of a free trial use of Leadercast (a “Trial”).

 

We offer Trials from time to time. A Trial becomes effective at the time you register with us and expires on the date stated at the time of your registration. These Terms of Service (except the provisions relating to fees and renewal terms) apply to the use of Leadercast during a Trial.

 

3.2 Account Information. If you register as a Subscriber or Trial user of Leadercast, you will use a username and password that is unique to you. If your subscription or Trial use of Leadercast has been provided by or through a third party (a “Third-party Provider”), such as your employer or an educational institution, the “Third-party Provider” may have provided us with information about you to enable us to provide you with access to Leadercast (such as your email address or name). In all circumstances, you are responsible for maintaining the confidentiality of your username and password to the system, and you are responsible for all activities that occur under your username and password. Your subscription and your rights to use Leadercast are not transferable. Any password or right given to you to obtain, or access, information is not transferable. Please notify us of any unauthorized use of your username and password, or any other breach of security, by contacting us at help@leadercast.com.

 

3.3 Billing, Renewal, and Cancellation Terms for Individual Subscribers (includes Automatic Renewals).

 

3.3.1 Billing Terms. Individual members are billed according to periodic terms outlined in the offer to which they subscribe (i.e., monthly, annually). All billing occurs in advance of the period, or term of use, and members are responsible for payment on the invoiced date of service. The monthly or annual membership fee amount may change for a future term unless otherwise indicated in the offer to which one subscribes. Cancellation after the billing date will NOT result in a refund or credit, except as provided in section 3.3.3 Cancellation Terms below. Please note, if your Leadercast subscription is provided by or through a Third-Party Provider, some or all the above provisions relating herein to fees and renewal terms may not apply to you. Please contact your Third-Party Provider for details. Leadercast may cancel your subscription or Trial at any time, based on changes in status with the Third-Party Provider, by notifying you.

 

3.3.2 Renewal Terms. Individual members with monthly membership plans are pre-paying for the upcoming billing period monthly. Payment will automatically renew each month until the membership is canceled. Individuals with Annual memberships pre-pay for the upcoming billing period on an annual basis, with their membership automatically renewing each year until canceled.

 

3.3.3 Cancellation Terms.

3.3.3.1 Monthly Subscriber Cancellation Terms. Individual monthly membership plans canceled in a current month will apply to future billing cycles, in which the subscriber’s membership plan will no longer auto-renew. In such cases, the member will retain access to all content as defined by the membership plan for the remainder of that current billing cycle.

 

3.3.3.2 Annual Subscriber Cancellation Terms. If Individual Subscriber becomes dissatisfied with Leadercast 365 during the first twenty-four (24) hours after entering into this Agreement, or within thirty (30) days of the beginning of any renewal period, Leadercast will refund the full amount paid for that period’s subscription and terminate Subscriber’s access to Online Resources and Events.

 

Refunds are not available more than twenty-four (24) hours after entering into this Agreement, or after thirty (30) days of the beginning of a renewal period. Notwithstanding any other language in this paragraph, refunds are not available if Subscriber has already accessed an Event.

 

 

3.3.3.3 Canceling a Subscription for Refund. Subscribers may cancel the Auto-

Renewal on their subscription at any time from their user profile Dashboard on

the Subscription tab on now.Leadercast.com/dashboard by clicking Change next to their active membership plan, and then clicking Cancel Subscription. A refund of a membership fee may be requested by emailing a refund request to help@leadercast.com.

 

4.0 Privacy

Leadercast user registration data and other information about you are subject to our Privacy Policy, which can be found on Leadercast.com. Your information may be stored and processed in the United States. If you reside outside of the United States by becoming a Subscriber and/or using Leadercast through a Trial, you consent and agree to the transfer of your information outside of your country to the United States, which may have different data protection rules than your country.

 

By becoming a member/subscriber and/or using Leadercast through a Trial, you consent and agree to receive emails from us in accordance with the terms of our Privacy Policy. In addition, if you specifically consent to receive SMS messages or push notifications from us, you may from time to time receive SMS or push notifications from us. For more information, please see our Privacy Policy.

 

Leadercast is marketed for and directed towards adults over eighteen (18) years of age, and we do not knowingly collect or solicit personal information from children under the age of thirteen (13). You must be at least thirteen (13) years of age to register with Leadercast, subscribe as a Subscriber, obtain a Trial, and/or post personal information on Leadercast.

 

5.0 Leadercast Content

Unless otherwise noted, all materials, including, but not limited to, videos and audio files, articles, images, illustrations, photographs, text, graphics, images, metadata, and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property that are part of or otherwise available through Leadercast (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Leadercast, or our licensors, advertisers, or the party credited as the provider of the Content, and are subject to all additional copyright notices, information, or restrictions contained in any Content accessed through Leadercast.

 

No Content from Leadercast may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, where specifically permitted by us, you may share and/or post portions of the Content on social media through the sharing capabilities available through Leadercast. Copying or storing of any Content for any uses whatsoever is otherwise expressly prohibited without prior permission from us (help@leadercast.com), or the copyright holder identified in the copyright notice contained in the Content. You agree not to rearrange or modify the Content, and you may not create abstracts from, scrape, or display our Content for use on another website or service. We reserve the right to remove, edit, revise, substitute, or replace any Content from Leadercast at any time without notice.

 

Access to Leadercast 365 content for an Individual Subscriber or Trial user is intended solely for the personal use of the Individual Subscriber or Trial user. Sharing content with others is strictly prohibited, as that content is made available through a Leadercast 365 Group Subscription. Upon violation of this paragraph by a Subscriber or Trial user, Leadercast reserves the right to terminate the Subscription or Trial, and Subscriber or Trial user agrees to pay Leadercast an additional fee in the amount of $5,000 per unauthorized use. Furthermore, Leadercast reserves the right to monitor usage by cataloging the number of IP addresses used to access the content. If it is determined that the number of IP addresses is excessive, a notice of violation will be sent to the Subscriber or Trial user.

 

6.0 Subscriber Content and Community Rules

6.1 Subscriber Content. We may offer Subscribers and users of Leadercast the opportunity to comment on and engage in discussions regarding Content, articles, postings, and various topics, and to participate in self-assessments, surveys, peer assessments, and other postings within Third-party Provider “Closed Groups” (as defined in Section 6.3 below), and other evaluations relating to the Content. Any content, messages, information, statements, graphics, audio, images, and links you submit as part of creating your Subscriber/user profile or in connection with any of the foregoing activities is referred to as “Subscriber Content” and is subject to these Terms of Use.

 

6.2 Subscriber Content Understandings/Limitations. Subscribers and users of Leadercast are solely responsible for the content of their Subscriber Content and communications. Unless (i) specifically provided otherwise on Leadercast or (ii) otherwise submitted within a Third-party Provider’s “Closed Group” (as defined in Section 6.3 below), Subscriber Content should be considered to be generally accessible by all Subscribers and users of Leadercast. If you upload, post, or submit any Subscriber Content, you represent to us that you have all the necessary legal rights to do so and that such actions will not violate any law or the rights of any person.

 

You understand and agree that Subscriber Content includes information, views, opinions, and recommendations of many individuals and organizations and that we do not endorse any recommendation or opinion made by any Subscriber or user of Leadercast. We do not routinely screen, edit, or review Subscriber Content. Please approach Subscriber Content with appropriate skepticism, as Subscriber Content may be misleading, deceptive, or in error. We reserve the right to monitor or remove any Subscriber Content from Leadercast at any time without notice.

6.3 Third-party Providers; Closed Groups. If your subscription is provided by or through a Third-party Provider, your Subscriber Content (as well as your Subscriber/user profile and any statistical information relating to your use of Leadercast) may be available for viewing and use by your Third-party Provider. Please contact your Third-party Provider for details regarding its access to and use of your Subscriber Content and your other Leadercast user information.

 

In addition, we may offer certain Third-party Providers the opportunity to form and manage their own separate closed groups within Leadercast (“Closed Groups”), access to which is limited to Subscribers of the Closed Group, as defined by the Third-party Provider. Closed Groups may provide certain features (such as peer review assessments, progress monitoring, and other features) that will be accessible and viewable by not only the Third-party Provider managing the Closed Group but also by the Subscribers of the Closed Group. If your Third-party Provider provides a Closed Group, please contact your Third-party Provider regarding the features of its Closed Group, and regarding access to and use of your Subscriber Content within the Closed Group.

 

6.4 Subscriber Content Access and Portability. We do not offer Subscribers or users of Leadercast the ability to access or otherwise retain contributed Subscriber Content. If your subscription is provided by or through a Third-party Provider, however, your Third-party Provider may provide certain features that allow you to access your Subscriber Content. Please contact your Third-party Provider regarding your access to your Subscriber Content.

 

6.5 Grant of Rights. You agree that upon uploading, posting, or submitting information on Leadercast, you grant Leadercast and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, modify, adapt, publish, translate, and create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world from your Subscriber Content in any and all media, in any manner, in whole or part, without any duty to compensate you.

 

6.6 Community Rules for Subscribers and Subscriber Content. The following Community Rules apply to Subscribers and users of Leadercast submitting Subscriber Content:

  • You will not upload, post, or submit anything (or links to anything) that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, harmful, offensive, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

  • You specifically acknowledge that soliciting other Subscribers or users of Leadercast is expressly prohibited and that you will not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

  • You will not represent that you are any other person or imply any connection with any person or organization with which you are not in fact associated.

  • You must demonstrate appropriate respect for other Subscribers and users, and will not personally attack, stalk, or harass another Subscriber or user.

  • You will comply with all applicable laws and will not use Leadercast or any community forum for illegal purposes.

  • You will not upload, post, or submit anything that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt another person’s enjoyment of Leadercast.


7.0 Links to Other Websites and Other Communications

We may link to, or promote, websites or services from other companies. For example, we may link to third-party websites that permit you to purchase books and other materials authored by speakers and other individuals featured on Leadercast. You agree that we are not responsible for, and do not control those websites or services, and we expressly disclaim all liability for any communications directed to you from any third party directly or indirectly in connection with Leadercast. Any reference made by Leadercast to any specific commercial product, process, or service (or provider of such product, process, or service) by trade name, trademark, hyperlink, or otherwise, does not necessarily constitute or imply an endorsement, recommendation, or favoring by Leadercast. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including information providers, Subscribers, Third-party Providers, Leadercast users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Leadercast.

 

8.0 Disclaimers and Limitations of Liability

The Content contained on Leadercast has been prepared by Leadercast as a service to Subscribers and is not intended to constitute personal counseling, legal, accounting, tax, or financial advice from a professional counselor, attorney, accountant, certified financial planner, or tax preparer. While we have used reasonable efforts in collecting, preparing, and providing quality information and material, we do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained on or linked to Leadercast. Users of information from Leadercast do so at their own risk.

 

You agree that your access to, and use of, Leadercast and the Content available through Leadercast is on an “as-is,” “as available” basis, and Leadercast and its subsidiaries and affiliates and their respective shareholders, directors, officers, employees, advertisers, content providers and licensors (the “The LC Group, LLC Parties”) specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose.

 

The LC Group, LLC Parties do not guarantee continuous, uninterrupted, or secure access to Leadercast or any related services. The operation of Leadercast may be interfered with by numerous factors outside the control of the LC Group, LLC Parties.

 

The LC Group, LLC Parties will not be liable (jointly or severally) to you or any other person as a result of your access or use or nonuse of Leadercast for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues, whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the LC Group, LLC Parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the LC Group, LLC Parties’ liability will be limited to the fullest possible extent permitted by applicable law.