Terms and Conditions

Welcome

Hello and welcome to our Terms of Service (“Terms”). Leadership TBD and The Thayer Institute (“Companies”) creates unique virtual workshops and related content to serve CEOs and their Management teams and operates a bookstore through The Thayer Institute.

Access and Use of Our Site and Services

These Terms govern your access to and use of our websites https://LeadershipTBD.com/ and https://www.TheThayerInstitute.org/ (collectively, the “Site”).

Our Privacy Policy, available here, forms part of these Terms. We encourage you to read it to better understand how we collect, use, store, process, and share your personal information.

As we are constantly striving to innovate and improve the Services we provide you, your personal information may be used to enhance our existing member experience or to develop new products and services. Unless expressly stated otherwise, each new feature that we add to the Services will also be subject to these Terms. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

Understanding these Terms is important because, by using our Site and Services, you’re agreeing to these Terms and are entering into a binding contract (“Agreement”) with The Companies.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

User age. You must be 18 years or older to register with and use our Site and Services.

Information you provide. You promise that any information that you provide to us is true, accurate, and complete, and you agree to keep it that way at all times. Any access to your account using your log on information will be considered to be authorized by you; please protect your log on information.

Authorized Representative. If an individual is accessing or using the Site or the Services on behalf of any entity, such individual represents and warrants that he or she is an authorized representative of such entity with the full legal power and authority to bind such entity to the Terms and enter into the Agreement on behalf of such entity.

License. The Site, including all of its contents, such as workshops, text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. Subject to these Terms, your payment of any applicable fees, and for as long as we permit you access and use of our Site and Services, we grant you a personal, non-exclusive, non-transferable, non-sublicensable license to access our Site and to use the information and services contained here solely for your personal, non-commercial use, and not for the use or benefit of any third party. This license will remain in effect until you violate these Terms or this license is terminated by you or LeadershipTBD.

Your Use of Our Site and Services. We are committed to providing a safe and positive experience to all of our users on our Site and Services. To help us do that, we need you to follow a few basic rules when you’re here. When using our Site and Services, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site or through our workshops. You also agree not to engage in the conduct described below (or to facilitate or support others in doing so):

You may not use our Services to do anything:
- That violates these Terms.
- That is unlawful, misleading, discriminatory, or fraudulent or that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.
- That infringes or violates someone else’s rights, including their copyrights or other intellectual property rights.
You may not:
- Post information that is incomplete, false, inaccurate, or not your own in our workshop community.
- Impersonate another person
- Post material that reveals trade secrets, unless you own them or have the written permission of the owner
- Transmit or transfer by any means information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws
- Upload viruses or malicious code or do anything that could disable, overburden, impair, or interfere with the proper working or appearance of our Services or our network security, or attempt to gain unauthorized access to any other computer system.
Security Rules. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Permissions You Give Us. We need certain permissions from you to provide our Site and Services:

Your Content: Please be thoughtful about how you use the Services and what you share. You represent to us that you own the intellectual property rights (things like copyright or trademarks) in any such content you create, store, and share on the Services you use or that you have the written permission of the owner to such content. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site or the Services. Nothing in these terms shall take away the rights you have in your own content. You are free to share your content with anyone.
However, to provide our Services we need you to give us some legal permissions (known as a “license”) to use this content. You grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of these Terms. This is solely for the purposes of providing and improving our Site and Services.
You have the power to terminate your account (see Terminating Your Account), delete content, or move your content (see our Privacy Policy).
Updates to the Services you use or download: if you download or use our Services, you give us permission to download and install updates to the Services where available.

Changes to the Terms. We may occasionally make changes to the Terms. When we make material changes to the Terms, we will endeavor to provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Site or Service or by sending an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Therefore, please make sure you read any such notice carefully. If you do not wish to continue using our Services under the new version of the Terms, you may terminate your account at any time. Please see the section Terminating Your Account below for more information.

Intellectual Property Acknowledgment. We respect the intellectual property of others and we ask you to do the same. You acknowledge and agree that The Companies (or other company whose marks appear on the Site or Services) is the sole owner of all right, title, and interest in the Site, Services, and any and all Intellectual Property (defined below) related thereto or to the Services. We reserve all rights in and to any and all Intellectual Property, and in the event that any such rights vest in you, the entity you represent or any of your respective representatives, you hereby irrevocably and unconditionally assign, and shall cause such entity and all such representatives to irrevocably and unconditionally assign, to us all such rights. No right, license, or transfer of ownership of any Intellectual Property is granted or shall be granted by implication. All rights, licenses, and transfers of ownership (if any) are granted only as expressly provided in the Terms.

“Intellectual Property” means, with respect to The Companies (a) all inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisionals, continuations-in-part, revisions, extensions and reexaminations thereof; (b) all trademarks, service marks, trade dress and design marks (including, without limitation, domain names, uniform resource locators, logos, and slogans), including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith; (c) all works of authorship and other copyrightable works and all copyrights subsisting under the applicable laws of any jurisdiction and all application, registrations and renewals in connection therewith; and (d) all trade secrets (including, without limitation, ideas, research and development, know-how, formulas, compositions, business practices, object code, source code, software, hardware, systems, Apps, techniques, tools, solutions, processes, procedures, methods, methodologies, applications, day-to-day business operations, technical data, designs, drawings, specifications, customer, vendor or supplier lists, pricing, cost and financial information, and business and marketing plans and proposals). For the avoidance of doubt, Intellectual Property includes any and all additions, modifications, derivative works, and improvements thereto.

You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Site or Services.

If you provide us with any feedback, testimonials, suggestions or comments regarding our Site or Services (“Feedback”), you hereby assign to us all rights to your Feedback and agree that we shall have the right to fully use the Feedback and related information in any manner that we deem appropriate in accordance with applicable law. We will treat any Feedback that you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. We will obtain your consent in accordance with our Privacy Policy prior to posting any Feedback on a public area of the Site.

The names “LeadershipTBD,” “The Thayer Institute,” our logos, and any of our slogans are trademarks and service marks of The Companies. The use of any other trademark or service mark is not authorized by, sponsored by or associated with us, and is for purposes of description and identification only. You shall not use, duplicate, distribute, modify, reproduce, transmit, or take any other action with respect to our trademarks or service marks without our express prior written consent.

It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.

Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

Registration, and Fees

To enjoy full access and use of the Workshop Services, you must register and enter into a subscription agreement (“Subscription”). Your subscription is also governed by the Terms. To establish an account, provide complete and accurate registration information, complete the subscription process, and update us when any of your information requires updating. Failing to keep your account information up to date may result in the suspension or termination of your account.

We provide Services at the range of rates listed on the Site, which are incorporated herein by reference. All amounts are due and payable in accordance with our terms of payment contained in our Terms. Features and prices are subject to change.

You are solely responsible for all activity that occurs within your account, including any activity by unauthorized users. It is important that you safeguard the confidentiality of your username and password. If you are using a shared device, we recommend that you log out of your account after using the Services. If you become aware of unauthorized access to your account, change your password and notify us immediately at Contact@LeadershipTBD.com.

Product Availability and Descriptions

You may register for our workshops and any other products that we may offer through our Site. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions.

Unless otherwise specified at the time of purchase, you must pay for products and Services when you place the order.

Disclaimers and Limitations of Liability

Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property rights of LeadershipTBD or any third party. All rights not expressly licensed are reserved.

Although we have attempted to provide accurate information on our Site and Services, we assume no responsibility for the accuracy of the information.

We do not represent or warrant that the Site or the Services will meet your requirements or that access to and use of the Site or the Services be uninterrupted, error-free or entirely secure. Our Site and Services may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms, and limitations imposed by your provider. You will bear all risks associated with any use of the Internet or other means of data transmission by or on behalf of you, and we disclaim all responsibility and liability in connection with such use.

We do not endorse or assume responsibility for user conduct or content submitted to our Site or Services. Nothing in these Terms requires us to monitor the Site or Services or to modify or remove any materials or information.

Our Site or Services may contain links to third-party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Site or Services is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

You are solely responsible for maintaining the confidentiality of your account, registration, username, and password information. The Companies will not be liable for any harm caused by or related to, the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password.

We may change the Services mentioned at any time without notice. The mention of Services not related to the Companies is for informational purposes only and constitutes neither an endorsement nor a recommendation.

The Site and Services and all information on the Site and Services are subject to applicable federal, state, and local laws, and U.S. export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in The Companies’s sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LEADERSHIPTBD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE OR ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANIES NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF LEADERSHIPTBD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LEADERSHIPTBD DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR ANY RELATED SERVICES OR CONTENT. THE COMPANIES DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. LEADERSHIPTBD MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE

ALL USE OF THIS SITE IS AT YOUR OWN RISK.

WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. TO THE EXTENT WE CANNOT DISCLAIM ANY WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.

Indemnification

You shall defend, indemnify, compensate, reimburse and hold harmless The Companies, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or associated with your access to or use of the Site or the Services, including, without limitation, (i) your breach of any representation, warranty, covenant or other term or provision of the Terms, (ii) your negligent acts or omissions, (iii) your violation of applicable laws or regulations, and (iv) any infringement of any third party proprietary rights by content that your post, submit or otherwise make available on the Site or in connection with the Services.

Severability

If any term or provision of the Terms is held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the original intent and substance of such invalid provision.

Terminating Your Account

Although we’ll be sad to see you go, if you choose, we’ve made terminating your account simple, please email Contact@LeadershipTBD.com.

In some instances, we will need to terminate your account. You understand and agree that we may, in our sole and absolute discretion and at any time, permanently terminate your account for any reason whatsoever. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole and absolute discretion, immediately deactivate or delete any or all information about and concerning your account. You understand and agree that we shall not have any liability to you or any other person for any termination of your access to the Site or the Services or the removal of information concerning your account. If you violate the Terms, we may pursue damages or any other remedies available to us, including without limitation specific performance or injunctive relief, against you in any forum we deem appropriate.

Electronic Communications

When you use the Site or Services or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Consent to Processing

By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to us by mail, email or phone as described below.

Incorporated Documents

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Site or Services:

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Governing Law, Arbitration of Disputes, and Miscellaneous

Except to the extent applicable law provides otherwise, the Terms and any access to or use of the Site or the Services shall be governed by the laws of the State of North Carolina, without regard to the conflict of laws rules thereof. All disputes of any nature related to the Terms shall be determined by final and binding arbitration in the State of North Carolina before a single arbitrator. The parties shall agree on the rules and procedures to be followed in the arbitration. If the parties are unable to agree on the rules and procedures to be followed within 15 days, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of Delaware (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.

CLASS ACTION WAIVER. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief.

TIME TO BRING ACTION. Any claim or cause of action you may have with respect to LeadershipTBD, the Site or the Service must be commenced within one (1) year after the claim or cause of action arose.

Notice. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site. Notices to LeadershipTBD shall be in writing delivered to us at the address below by email at Contact@LeadershipTBD.com.

Complete Agreement. The Terms and incorporated documents constitute the entire Agreement between you and us concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

Relationship of the parties. You agree that no joint venture, partnership, employment, or agency relationship exists between LeadershipTBD and you as a result of these Terms or your use of the Site or Services.

No Waiver. Our failure to exercise or enforce any right, term or condition of the Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment. You may assign your rights under the Terms to any party that consents to and agrees to be bound by the Terms, with prior written consent by us (not to be unreasonably withheld); we may assign our rights under the Terms without condition.

Successors. Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Contacting Us

Please also feel free to contact us if you have any questions about LeadershipTBD’s Terms of Service. You may contact us at Contact@LeadershipTBD.com.