Practical CSM Academy – Terms and Conditions of Service

Last updated: March 13, 2020

ACCEPTANCE

YOUR CONDUCT

YOUR SUBMISSIONS

CONTENT LICENSES AND OWNERSHIP

COPYRIGHT INFRINGEMENT CLAIMS

REGISTRATION DATA

PRIVACY POLICY

ADVERTISEMENTS, THIRD PARTY POSTS AND LINKS

TRADEMARK INFORMATION

INDEMNITY

MODIFICATION AND TERMINATION OF SERVICES

ASSUMPTIONS OF RISK, SAFETY, AND WARRANTY DISCLAIMER

LIABILITY LIMITATION

GENERAL PROVISIONS

1. ACCEPTANCE

Growth Consultancy Ltd (henceforth referred to in this document as “The Company") makes this site and the related site materials available for your access and use subject to your compliance with these Terms of Service ("TOS"). Your obligations under this TOS include the obligation to abide by our Community Guidelines and other terms and conditions ("supplemental terms") that apply to specific projects, products, and services. Your use of any of The Company’s online learning services in preview mode, on a free trial basis, or pursuant to your purchase of a membership or other service offering, is also subject to our Membership Agreement.

"Site materials" means the content, tools, products, services, projects, and activities made available or enabled via this site.

This website and the products and services offered by The Company are not intended for children. By accessing or using this site, you agree to comply with this TOS, and you certify that you are at least 18

years old, or if you are under 18 years old, your parent or legal guardian has reviewed the terms and accepted them on your behalf. Do not use or access the site if you do not agree to this TOS.

2. YOUR CONDUCT

You agree that you will not use the site or any site materials, project, or service to:

(a) transmit spam, bulk, or unsolicited communications;

(b) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any transmitted content;

(c) misrepresent your identity, or affiliation with any person or entity;

(d) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to participate in the site or any site projects or services;

(e) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or

(f) collect or store personal data about other users unless specifically authorized to do so by such users.

3. YOUR SUBMISSIONS

All of your contributions and submissions to the site and any site projects or services must comply with the applicable policies and guidelines.

You represent and warrant with respect to each of your submissions that it:

(i) does not include unauthorized disclosure(s) of personal information or trade secrets, and does not include any confidential information;

(ii) does not violate anyone's rights, including without limitation intellectual property rights;

(iii) does not contain software viruses or any other elements designed to interrupt, destroy or limit the functionality of any software, systems, or devices;

(iv) does not contain or link to commercial solicitations;

(v) is not subject to laws or regulations regarding the export and other dissemination of information or technology; and

(vi) is not inaccurate, defamatory, obscene, harassing, or otherwise objectionable in a manner which would support third party legal claims. As between you and The Company, you assume all risk and consequences resulting from any third party's use of any submission that you make. You grant to us and our respective licensees and assigns, the perpetual, irrevocable, nonexclusive, and worldwide right, but not the obligation, to make use the name under which you submit content in connection with any subsequent use of the content.

Some projects and activities on our site require that submissions made by you be made in accordance with the Creative Commons Attribution Share Alike License v.3.0 and/or any subsequent version, or another specified license. You agree that The Company shall be entitled to make use of the submission in accordance with the applicable license, without any obligation to you for such use other than the obligations imposed by that license.

Some opportunities for submitting content do not specify an applicable license. In the case of those

submissions, you grant to The Company and its respective licensees and assigns, the perpetual, irrevocable, nonexclusive, royalty-free, transferable, and worldwide right to make any use of the submission that we deem suitable in our sole discretion (for example: reproduce, edit, display, modify, sublicense, use as the basis for derivative works, publish, or distribute in any format or media), without any obligation to you for such use.

The Company agrees that you retain ownership of the copyrights in your submissions, regardless of which license applies to our use, provided that if your submission contains third party or public domain content, The Company and you shall have the same rights as any member of the public with respect to the third party or public domain content.

If you submit ideas, suggestions, or proposals to The Company through our suggestion, user comment, or feedback pages, you acknowledge and agree that:

(a) your submission does not contain confidential or proprietary information and The Company is not obligated to keep it confidential;

(b) The Company is entitled to use or disclose the submission for any purpose and in any way;

(c) The Company already may be considering or developing something similar to your submission; and

(d) if The Company makes use of all or part of your submission, you will not be entitled to any payment or other consideration.

4. CONTENT LICENSES AND OWNERSHIP

You are welcome to make use of the site materials that are made available under open source or public licenses (such as content subject to Creative Commons licenses), on the condition that you comply with the requirements of the licenses. Information about the open source or public licenses that apply to specific site materials can be found either posted with or linked to those materials.

Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site and the site materials are the property of The Company and/or its content providers, and are protected by the laws of the United Kingdom and other countries, including their copyright and trademark laws. Except for materials available over the site under open source or public licenses, and except for uses that constitute "fair use" under UK copyright law, the site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, cataloged, mirrored or distributed in any way, in whole or in part, without the express prior written consent of The Company.

5. COPYRIGHT INFRINGEMENT CLAIMS

The Company respects the intellectual property rights of others, and it asks its users to do the same. If you believe that your copyrighted work has been copied and is accessible on The Company’s site in a way that constitutes copyright infringement, please send a written notice to us that includes:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located, such as the URL where it is posted;

Your name, address, telephone number and email address;

A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

The Company can be reached by mail at:

The Growth Consultancy

Lime Kiln Business Centre

Lime Kiln

Royal Wootton Bassett

Wiltshire SN4 7HF

United Kingdom

Or by email at:

enquiries@practicalcsm.com

Please note: In order to be effective, your notice must be in writing. This contact information is provided in accordance with the Digital Millennium Copyright Act and solely for reporting copyright infringement claims.

6. REGISTRATION DATA

You agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form (the "Registration Data"). If we have reason to believe that you have failed to do so, we may suspend or terminate your account, and refuse or terminate any current or future use of the site or any other service.

7. PRIVACY POLICY

The Registration Data and other information that you provide to us or that we collect about you will be used and processed by us in accordance with our Privacy Policy, which is available at

https://www.practicalcsm.com/privacy.html. By continuing to use the site, you acknowledge that you have read our Privacy Policy and that you understand and agree that your personal information will be used and processed by us in accordance with our Privacy Policy.

8. ADVERTISEMENTS, THIRD PARTY POSTS AND LINKS

The messages and other posts by third parties that appear on the site express the views of their authors, who are wholly responsible for that content. They do not represent our opinions.

We may display advertisements and promotions from third parties on the site. Also, the site contains links to third party sites or resources. Your contacts and interactions with these third parties and your participation in these promotions are solely between you and the third party, and we are not responsible or liable for any loss or damage to you that may the result.

We don't endorse these third party sites or resources, and are not responsible for their availability.

9. TRADEMARK INFORMATION

The Company Logo, and other designations, marks and logos associated with The Company’s products and services ("Company Marks") appearing on the site are trademarks, trade names and service marks owned by The Company. Guidelines on the site may permit you to make certain specific uses of the Company Marks. You agree not to use any Company Marks without the prior written consent of The Company, except as expressly permitted by the guidelines on our site.

You agree not to incorporate any Company Marks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You may not remove or alter any Company Marks, or co-brand your own services or material with any of the Company Marks.

10. INDEMNITY

You agree to indemnify and hold The Company and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this TOS, or your violation of any rights of any third party based on or related to your use of the site.

11. MODIFICATION AND TERMINATION OF SERVICES

We reserve the right in our sole discretion to remove site materials, modify, suspend or terminate the site (or any portion of it), and/or your use of or access, with or without notice. We will not be liable to you or any third-party for any modification, suspension, or termination of the site.

12. ASSUMPTIONS OF RISK, SAFETY, AND WARRANTY DISCLAIMER

You agree to assume all risk in downloading and using any site materials, and with respect to any project

that you undertake based on any site materials. You must take precautions (e.g., virus scans, etc.) to ensure that any content you download is free of viruses, worms or other potentially destructive elements. The Company provides no assurances that the site material is or will be free of viruses, problems, or errors, nor assurances that any such issues will be resolved.

Your safety when you undertake projects based on site material is your own responsibility, and your responsibilities include without limitation proper use of equipment and safety gear, and determining whether you have adequate skill and experience to perform the project. Power tools, electricity, and other resources used for these projects are dangerous, unless used properly and with adequate precautions, including safety gear. Some illustrations in the site materials do not depict safety precautions or equipment, in order to show the project steps more clearly. Projects described and depicted in the site materials are not intended for use by children.

YOUR USE OF THE SITE AND/OR ANY SITE MATERIALS IS AT YOUR SOLE RISK. THE SITE, INCLUDING WITHOUT LIMITATION ALL SITE MATERIALS, INFORMATION, AND SERVICES, IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR THE SITE MATERIALS.

THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY SITE MATERIALS, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM THE COMPANY, WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOS.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.

LIABILITY LIMITATION

TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SITE MATERIALS, EVEN IF THE COMPANY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.

IF THE RELEVANT JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. GENERAL PROVISIONS

This TOS constitutes the complete and exclusive agreement between you and us relating to the subject matter that it covers, and it supersedes all prior versions. You also may be subject to additional terms and conditions that may apply when you use of The Company’s products or services, or those of any third party. If a supplemental term conflicts with this TOS, the supplemental term will prevail. You agree that we may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. A current version of this TOS will always be available at https://www.practicalcsm.com/terms/. It is your responsibility to review this TOS from time-to-time in order to be informed of TOS modifications.

United Kingdom law governs this TOS, any action related to this TOS, and/or your use of the site. No choice of law rules of any jurisdiction will apply to any dispute under this TOS. You and The Company agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. You expressly understand and agree that any dispute, claim or controversy between you and The Company arising out of or in connection with this TOS, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.

No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.