ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.18challengesofleadership.com ("Website"), including all information, documents, communications, files, texts, graphics and software available through the Website (collectively the "Materials") and to any correspondence by e-mail between us and you and all services operated by The Executive Coach Limited and third parties (the "Services") through the Website. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to purchase or use any of our products or services. If you do not accept these terms, do not use this Website. This notice is issued by The Executive Coach Limited ("Company").
1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register for the purchase of the CD Rom assessment tool The 18 Challenges of Leadership.
1.2 By accessing any part of this Website including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. If you do not accept the then current legal notice your authorisation to use the Website will automatically end and any Materials that you have downloaded or printed from it must be immediately destroyed. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to use the Site, including all Services and Materials available through it and subject to the provisions of clause 2.2 below, on the following basis:
(a) you do not disrupt or interfere with the security of, or otherwise cause harm to, the Website, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked websites;
(b) you do not upload, post or otherwise transmit through the Website any viruses or other harmful, disruptive or destructive files;
(c) you do not create a false identity;
(d) you do not use or attempt to use another’s account, password, service, or system without express authorisation from the Company; and
(e) you do not intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
2.2 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) you do not copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sub-license, reverse engineer or create derivative works based on the Website, its Materials or its Services or their selection and arrangement, except as expressly authorised in this legal notice;
(b) no graphics on this Website are used separately from accompanying text;
(c) you do not use any data mining, robots, or similar data gathering and extraction methods in connection with this Website; and
(d) the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.3 Unless otherwise stated, the copyright, trade mark, patent and/or any other intellectual property rights in all the Materials and Services on this Website (including without limitation photographs and graphical images and selections or arrangements) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.2 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.4 Subject to paragraph 2.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.5 Any rights not expressly granted in these terms are reserved.
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of The Executive Coach Limited logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any The Executive Coach Limited trade marks displayed on this Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6.1 Where use of the Website or certain Services of the Website require user registration, you will be required to provide certain registration information (the "Registration Data"). Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
6.3 In registering to use the Website, including all Services and Materials available through it, you agree to:
(a) provide accurate, complete and up to date information about yourself as required by the Website’s registration form; and
(b) maintain and update your Registration Data to keep it accurate, complete and up to date.
6.4 You are responsible for maintaining the confidentiality of your account and for all activities carried out using your account information. You agree to notify the Company immediately of any unauthorised activity using your account information or if you suspect that the confidentiality of your account information has been compromised.
6.5 The Company reserves the right, at its sole discretion, to terminate or suspend your use of the Website, terminate or suspend your account and refuse any current or future use of the Services if it believes in good faith that you have knowingly failed to comply with the above user registration terms of use.
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 2 July 2004