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TERMS OF USE

Welcome to the website of Leadership Capital Partners, Inc. (LCP) otherwise known as (The "Site"). These Terms of Use should be read carefully upon visiting or otherwise using the Site. Please check back periodically, as LCP reserves the right to modify these Terms of Use at any time without notice.

1. ACCEPTANCE OF TERMS. This Site provides information concerning LCP and its products and services. The sale of all goods supplied and services rendered by LCP to any purchaser thereof ("Client") is governed by LCP's General Terms and Conditions. Certain LCP services are made available through the Site ("Web-based Services"), such as testing of employees or prospective employees. These Terms of Use apply to anyone who uses the Site ("you" and "your"), including visitors browsing the Site, any Client who contracts with LCP for LCP to deliver Web-based Services, and those individuals who are directed by Client to visit the Site in order to access Web-based Services, whether or not they are employed by the Client ("Candidates"). (Both the General Terms and Conditions and these Terms of Use apply to Clients who contract for Web-based Services or who purchase products through the Site.) If you do not agree with all of these Terms of Use, do not use the Site. Use of the Site is expressly conditioned upon your assent to all these Terms of Use.

2. USER NAMES, PASSWORDS, AND UNAUTHORIZED USE. Only Clients who have contracted with LCP for LCP to deliver Web-based Services, and the Candidates of such Clients (collectively, "Permitted Users") are permitted to access Web-based Services. Access is accomplished through the use of user names, passwords, and other access controls which will be issued to each Client by LCP. EACH CLIENT IS RESPONSIBLE FOR KEEPING ITS USER NAMES, PASSWORDS AND ANY OTHER ACCESS CONTROLS CONFIDENTIAL AND FOR TAKING OTHER REASONABLE PRECAUTIONS TO PREVENT THEIR UNAUTHORIZED USE BY CANDIDATES OR OTHERS. Each Client agrees to notify LCP promptly of any unauthorized use of which it become aware of its user names, passwords, or other access controls. Each Candidate agrees to notify the Client who directed the Designee to use the Site promptly of any unauthorized use of which it become aware of such Customer's user names, passwords, or other access controls. Until a Client provides such notice to LCP, LCP will presume that all use of that Client's user names, passwords, and other access controls is authorized by that Client, and Client will be responsible for any fees incurred, and for any activity on the Site, by anyone using that Client's user names, passwords and other access controls.

3. CONDUCT. The Site may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. The Site may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to LCP or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination. No user may use any robot, spider or other automated device to monitor or copy the web pages of the Site or its contents without the express written permission of LCP. LCP reserves the right to prohibit use of the Site by any user who, in LCP's sole discretion, violates any of these Terms of Use.

4. INFORMATION SENT TO LCP. All Permitted Users agree to provide LCP with accurate, complete and updated information as required by LCP during any registration process and in the course of using Web-based Services. Information supplied by Permitted Users of a particular Client becomes the property of that Client. Client grants LCP a perpetual, irrevocable license to retain such information and to use it for purposes of documenting test results, validation of test methodology, and other research, and LCP may publish such information in the aggregate without identification of individual Permitted Users.

Personally identifying information, and responses supplied by Permitted Users in the course of utilizing the Web-based Services will be treated as the confidential information of the applicable Client.  Any other communication or material you transmit to the Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary, and anything you transmit may be used by LCP or its affiliates for any purpose. LCP reserves the right to disclose any material transmitted to us, or information relating to such material, if required to do so by law or in good faith belief that such records or disclosures are reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use or the General Terms and Conditions; (iii) respond to any claim that material contained on or associated with the Site is in violation of any right of any third party; or (iv) to protect the rights, property, or personal safety of LCP, its employees, Permitted Users, or members of the general public.

5. CONTENT. LCP uses reasonable efforts to include accurate information on the Site. However, LCP does not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site. Further, LCP, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so, other than responses of Permitted Users in connection with Web-based Services.

6. OWNERSHIP. Except as set forth above in Section 4, all materials on the Site created or provided by LCP, including text, graphics, logos, icons, test content, and images, are the property of LCP or its content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of LCP and is also protected by United States and foreign intellectual property laws. Web-based Services may be subject to special requirements for access, copying and printing, which will be accessible to users of such Web-based Services. Except as provided by such restrictions, you may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, or resell any Web-based Services, located on the Site in any form or by any means without the prior written consent of LCP. LCP reserves the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.

LCP(TM) is the trademark of Leadership Capital Partners, Inc. The trademarks, service marks, and logos used on the Site are trademarks of LCP or others.

7. LINKS TO OTHER SITES. The Site may contain links to other websites. LCP has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its owner's products or services.

8. Disclaimer of Warranties. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WEB-BASED SERVICES ARE PROVIDED WITH THE LIMITED WARRANTY SET FORTH IN THE GENERAL TERMS AND CONDITIONS. LCP MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, NOR ANY WARRANTY OF NON-INFRINGEMENT, RELATING OR PERTAINING TO THE SITE OR THE WEB-BASED SERVICES. LCP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LCP MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE WEB-BASED SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED. No information or advice obtained through the Site, or any other affirmation of LCP, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Site, including the Web-based Services, at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. LCP assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site, any of its material including the Web-based Services, or any other site to which the Site is linked.

In particular, LCP makes no warranty pertaining to recommendations by LCP regarding hiring, firing, promotion or otherwise. LCP is not responsible for Customer's use of the information generated as part of the services provided to Client, and will not be liable for any loss or damage resulting from such use. In no event shall LCP's liability arising in connection with or under this Agreement exceed the purchase price of the services or goods provided.

9. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL LCP BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES OR THE PERFORMANCE OF SERVICES FOR CUSTOMER INCLUDING, WITHOUT LIMITATION, (i) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON LCP HEREUNDER OR IN CONNECTION HEREWITH; (ii) THE USE OF OR INABILITY TO USE THE SITE OR THE WEB-BASED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE. Consequential damages for purposes hereof shall include without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against Client, damages or losses sustained as the result of recommendations by LCP regarding hiring, firing, promotion or otherwise, or damages or losses resulting from any decision regarding the employment by Client or any other party of any individual, including decisions regarding hiring, promotion, demotion, or discharge of any such individual, or for the acts or omissions of any such individual. Customer shall indemnify LCP against all liability, cost or expense which may be sustained by LCP on account of any such loss, damage or injury.

LCP shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond LCP's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

10. GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the Sate of Illinois, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be filed in the federal or state courts located in Cook County, Illinois, within one year the cause of action arises or the cause is barred. 

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES LCP MAKES IN THESE TERMS, PLEASE EXIT AND CEASE ALL USE OF THE SITE IMMETIATLY.

11. GENERAL. All agreements contained herein shall apply to and bind the assignees and successors in interest of LCP and Client. This Agreement is not assignable by Client without LCP's prior written consent. The waiver by LCP of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of this Agreement is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of this Agreement. Any clerical errors are subject to correction.

Copyright 2006 Leadership Capital Partners, Inc.  All rights not expressly granted in these Terms of Use are reserved.

 


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Copyright 2006, Leadership Capital Partners, Inc.
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