Contact 1 - Executive Coaching, Leadership Development and Performance Management

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WEBSITE TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.You must be at least 18 years of age to use this website.

By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to @Stake Performance’s use of cookies in accordance with the terms of @Stake Performance’s Privacy policy.

License to use website

Unless otherwise stated, @Stake Performance and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without @Stake Performance express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. @Stake Performance makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, @Stake Performance does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

@Stake Performance will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if @Stake Performance has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, @Stake Performance has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against @Stake Performance officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect @Stake Performance officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as @Stake Performance.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify @Stake Performance and undertake to keep @Stake Performance indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by @Stake Performance to a third party in settlement of a claim or dispute on the advice of @Stake Performance legal advisers) incurred or suffered by @Stake Performance arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to @Stake Performance other rights under these terms and conditions, if you breach these terms and conditions in any way, @Stake Performance may take such action as @Stake Performance deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

@Stake Performance may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

@Stake Performance may transfer, sub-contract or otherwise deal with @Stake Performance rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and @Stake Performance in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with California law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of California.

@Stake Performance details

@Stake Performance is a DBA of Sorkin Human Systems LLC, a California registered LLC. Our address is 11622 El Camino Real, Suite 100, San Diego, CA 92130

You can contact @Stake Performance by email to contact@atstakeperformance.com

PRIVACY STATEMENT

Your privacy is critically important to @Stake Performance. This privacy statement provides information about the personal information that @Stake Performance collects, and the ways in which @Stake Performance uses that personal information.

Personal information collection

@Stake Performance may collect and use the following kinds of personal information:

• information about your use of this website
• information that you provide for the purpose of registering with the website
• information about transactions carried out over this website
• information that you provide for the purpose of subscribing to the website services
• any other information that you send to @Stake Performance

Using personal information

@Stake Performance may use your personal information to:

• administer this website
• personalize the website for you
• enable your access to and use of the website services
• use your information so you can use this web site’s based application
• confidentially provide the people you approve to view your information through the web site based application
• send to you products that you purchase
• supply to you services that you purchase or sign up for
• send to you statements and invoices
• collect payments from you
• send you communications

Where @Stake Performance discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, @Stake Performance may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

@Stake Performance will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.@Stake Performance will store all the personal information you provide on its secure servers.

Cross-border data transfers

Information that @Stake Performance collects may be stored and processed in and transferred between any of the countries in which @Stake Performance operates to enable the use of the information in accordance with this privacy policy.You agree to such cross-border transfers of personal information.

Updating this statement

@Stake Performance may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites. @Stake Performance is not responsible for the privacy policies or practices of any third party.

@Stake Performancedetails

@Stake Performance is a DBA of Sorkin Human Systems LLC, a California registered LLC. Our address is 11622 El Camino Real, Suite 100, San Diego, CA 92130 You can contact @Stake Performance by email to contact@atstakeperformance.com

This document was created using a Contractology template available at http://www.freenetlaw.com