GENERAL

At Adaptive Leadership+, we strive to offer a first-class experience for our clients and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and Adaptive Leadership+, its affiliates, and its and their parent and subsidiary companies (collectively, “Adaptive Leadership+,” “we,” or “us”) with respect to your use of this website and any other Adaptive Leadership+ owned websites, micro-sites, and social media pages and accounts (collectively, “Adaptive Leadership+ Sites”), and the services available on such platforms (together with the Adaptive Leadership+ Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Adaptive Leadership+ Sites or Services for any purpose. Additional policies, terms, and conditions applicable to certain Adaptive Leadership+ Services, specific areas of certain Adaptive Leadership+ Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Adaptive Leadership+ Sites and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Adaptive Leadership+ Sites or Applications will be controlling with respect to those particular areas. Adaptive Leadership+ reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Adaptive Leadership+ Sites or Applications. Fraudulent behavior, spamming, flaming, excessive use of profanity or abusive language, on Adaptive Leadership+ Sites, Applications or any other website in regards to Adaptive Leadership+, or while contacting our team, will not be tolerated.

DISCLAIMER OF WARRANTIES

THE ADAPTIVE LEADERSHIP+ SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE ADAPTIVE LEADERSHIP+ SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ADAPTIVE LEADERSHIP+ HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER ADAPTIVE LEADERSHIP+ NOR ANY PERSON ASSOCIATED WITH ADAPTIVE LEADERSHIP+  MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ADAPTIVE LEADERSHIP+ SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ADAPTIVE LEADERSHIP+  NOR ANYONE ASSOCIATED WITH ADAPTIVE LEADERSHIP+ REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ADAPTIVE LEADERSHIP+ SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LIMITATION OF LIABILITY

IN NO EVENT WILL ADAPTIVE LEADERSHIP+ , ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE ADAPTIVE LEADERSHIP+ SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Adaptive Leadership+ and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Adaptive Leadership+ Sites or Services.

TRADEMARKS

The trademarks and service marks displayed on the Adaptive Leadership+ Sites and Services are the registered and unregistered trademarks, service marks and trade dress of Adaptive Leadership+ and its licensors. For a list of Adaptive Leadership+ trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Adaptive Leadership+ Sites and Services are trademarks, service marks or trade dress of Adaptive Leadership+ in the U.S. and other countries. Adaptive Leadership+ trademarks, service marks and trade dress may not be used in connection with any product or service that is not Adaptive Leadership+, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Adaptive Leadership+. All other trademarks not owned by Adaptive Leadership+ that appear in any Adaptive Leadership+ Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Adaptive Leadership+.

COPYRIGHT

All content included on or made available through any Adaptive Leadership+ Sites and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Adaptive Leadership+ or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Adaptive Leadership+ Sites, Applications and Services is the exclusive property of Adaptive Leadership+ and protected by U.S. and international copyright laws.

LINKS TO THIRD-PARTY WEBSITES

Adaptive Leadership+ Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Adaptive Leadership+ has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Adaptive Leadership+ Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

DISPUTES

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND ADAPTIVE LEADERSHIP + MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

AGREEMENT TO ARBITRATE      
You and Adaptive Leadership+ agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Adaptive Leadership+ Terms, your use of Adaptive Leadership+ Sites or Services, or to any products sold or distributed by Adaptive Leadership+ or through Adaptive Leadership+ Sites  or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies 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 these Terms as a court would.

PROHIBITION OF CLASS, REPRESENTATIVE, AND CONSOLIDATED ACTIONS
You and Adaptive Leadership+ agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Adaptive Leadership+ agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Adaptive Leadership+ members.

If for any reason a claim proceeds in court rather than in arbitration both you and Adaptive Leadership+ each waive any right to a jury trial. You and Adaptive Leadership+ also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

GOVERNING LAW AND JURISDICTION

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Adaptive Leadership+ Sites, Applications or Services, or any products sold or distributed by Adaptive Leadership+ or through Adaptive Leadership+ Sites or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Unless you and Adaptive Leadership+ agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Adaptive Leadership+ Sites or Services, or any products sold or distributed by Adaptive Leadership+ or through Adaptive Leadership+ Sites or Services shall be instituted exclusively in the federal or state courts located in New York, New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver of these Terms by Adaptive Leadership+ shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Adaptive Leadership+ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

UNITED STATES ONLY

Unless otherwise specified, the Adaptive Leadership+ Services are presented solely for the purpose of promoting products and services available in the United States. Adaptive Leadership+ makes no representation that the Adaptive Leadership+ Services are appropriate or available for use in other locations. If you access Adaptive Leadership+ Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

MODIFICATIONS

Adaptive Leadership+ reserves the right to make changes to these Terms at any time. If Adaptive Leadership+ makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at adaptandlead.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.

If you choose to continue using the Adaptive Leadership+ Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.

CONTACT INFORMATION

If you have questions or comments about these Terms or the Adaptive Leadership+ Sites, Applications or Services, please write us via the contact information below:

Grashow Consulting LLC
475 14th Street
Brooklyn, NY 11215