Terms of Use

Last updated:  July 7, 2022

 

1. General Conditions and Definitions

This Terms of Use agreement (“Agreement”) describes the terms governing your use of the website www.leadwithcandor.com (“Site). The Site is operated by Lead with Candor LLC, an Illinois limited liability company (referred to as “we” or “us” or “Lead with Candor”). By accessing or otherwise using this Site—whether as a visitor or in another capacity—you (“you” or “User”) agree to be bound by the terms of this Agreement and the Lead with Candor Privacy Policy. If you do not agree with the terms of this Agreement and the Privacy Policy or if you are legally unable to agree to these terms, then do not use this Site. Minors under the age of 18 may not use the Site.

 

2. Updates to Agreement

Lead with Candor may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.

 

3. Site Accessibility and Security

User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. Lead with Candor will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond the control of Lead with Candor. Lead with Candor will not be responsible for any data lost during Internet transmissions or User’s inability to contact Lead with Candor via the Site. Lead with Candor is committed to ensuring digital accessibility for people with disabilities. We are continually improving the User experience for everyone and applying the relevant accessibility standards. Please be aware that our efforts are ongoing. If at any time you have specific questions about the accessibility of any web page on the Site, please send us an email to [email protected] and we will do our best to make that page accessible to you.

 

4. Links to Third-Party Websites

This Site may contain links to third-party websites provided by other content providers. Lead with Candor expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. See Lead with Candor Privacy Policy for more information.

 

5. Privacy

Lead with Candor is committed to protecting the privacy of User information. See Lead with Candor Privacy Policy for more information on Lead with Candor’s privacy practices.

 

6. Service Availability and Pricing

Lead with Candor offers training programs, listening and audit sessions, speaking engagements, podcasts, and consulting services (“Services”), which may be generally described on this Site. To the extent any prices are noted, the prices listed are in U.S. dollars and are subject to change without notice. Taxes, if any, are additional. Please note that to schedule a consultation, subscribe to our podcast, subscribe to our social media channels, or otherwise inquire about our Services, you must use the Calendly® scheduling application link, fill out our Contact form, or provide the social media links noted, and provide us with your name, phone number, and email address. We reserve the right to reject a registration and to discontinue any Services without notice, even if you have already registered. Due to the nature of the Internet, it is not possible for Lead with Candor to restrict access to its Site to only those locations where it does business. Some or all the Services offered on the Site may not be available to Users outside of the United States. Users should not consider anything on the Site as an offer to sell or as a solicitation to the public to enroll in any Service from Lead with Candor in a location where such Services may not be sold or otherwise offered. If you have a question about whether a Service is or may be available in your geographic location, we encourage you to contact us.

 

7. Errors

We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any description, pricing, link, or other information is complete, current, or error-free. In the event of an error, whether on the Site, we reserve the right to correct such error and revise your registration accordingly if necessary (including charging the correct price) or to cancel the registration and refund any amount charged.

 

8. Information Entry

It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site or through a provided link. If you do not enter complete and accurate information, we might not be able to contact you and provide you with the information or Services you seek. Please check all information entered before submitting it.

 

9. Trademarks and Copyrights

“Lead with Candor” is a trademark of Lead with Candor and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of Lead with Candor or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Lead with Candor or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your personal use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and right of publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

 

If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content.

 

Website Manager

Lead with Candor

1 E. Erie Street Suite 525

Chicago IL 60611

[email protected]

(404) 729-6256

 

10. Disclaimer of Warranty and Limitation of Liability

You expressly agree that use of this Site is at your sole risk. THIS SITE AND ALL INFORMATION MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LEAD WITH CANDOR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. neither Lead with Candor nor any of its affiliates, OWNERS, OFFICERS, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

LEAD WITH CANDOR DOES NOT WARRANT THAT THIS SITE, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH THIS SITE OR E-MAILS SENT FROM LEAD WITH CANDOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEAD WITH CANDOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF LEAD WITH CANDOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR ANY SERVICES DESCRIBED ON THE SITE EXCEED THE PURCHASE PRICE OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY, AND LEAD WITH CANDOR’S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY WILL BE YOUR RIGHT TO RECEIVE A REFUND FOR THE SERVICE.

 

Warranties give you specific legal rights, and you may have other rights, which vary from state to state.

 

11. Indemnification

You agree to defend, indemnify, and hold harmless Lead with Candor, its affiliates, and their respective owners, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or any Services from this Site.

 

12. Electronic Communication

You agree to receive communications from Lead with Candor in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Lead with Candor provides to you electronically satisfy any legal requirement that such communications be in a writing. See Lead with Candor Privacy Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving Lead with Candor promotional emails.

 

13. Termination

Lead with Candor may terminate its Services or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, Lead with Candor will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 5, 9, 10, 11, 14, and 15 will survive termination of this Agreement.

 

14. Dispute Resolution

By using the Site, you agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to Illinois conflict of laws provisions. You further agree that, if you and Lead with Candor cannot resolve through good-faith negotiation any dispute arising out of or related to this Agreement, then you or Lead with Candor may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive any right to a jury trial. You also agree that you or we also may bring suit in a court located in Cook County, Illinois or the Northern District of Illinois to enjoin infringement or other misuse of intellectual property rights.

 

15. Completeness and Severability

This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Lead with Candor to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Lead with Candor of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.

 

19. Contacting Us

If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to [email protected].