SUMMARY

LEADERS CLUB, Inc. (“LEADERS CLUB”) maintains certain web pages and mobile applications (collectively “the Site”) accessible through www.myleadersclub.com (individually or collectively, “Site”) and allows use of and access to the Site, subject to the terms and conditions below (“Terms”) and any other outstanding written agreements between you and LEADERS CLUB, other than previous versions of these Terms. The terms “you” and “your”, as used in these Terms, refer to all individuals and entities accessing the Site for any reason. These Terms affect your rights, and you should read them carefully.

1. Acceptance of the Terms.

By accessing or using the Site, you acknowledge and represent that you have read, understood, agree to be bound by, and accept these Terms.

2. Changes and Updates to These Terms

LEADERS CLUB may at any time modify, add or remove portions of these Terms, without prior notice. Although LEADERS CLUB will post a notice of any material change to the Terms on the Site for 30 days, it is your responsibility to check these Terms periodically for changes. By continuing to use the Site after LEADERS CLUB’s posting of any changes, you agree to be bound by these Terms, as modified. Your access and use of the Site is subject to the most current version of these Terms. For your information, these Terms were last updated on 21 July 2023.

3. Right to Enter the Site

As long as you comply with these Terms, LEADERS CLUB grants you a personal, non-exclusive, non transferable, limited permission to enter and use the Site. Any unauthorized use of the Site terminates the permission granted by LEADERS CLUB to enter and use the Site. No person under the age of 18 may be a Member of LEADERS CLUB or use the Site.

4. Ownership and Use of Materials

All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, “Materials”) are owned, controlled or licensed by or to LEADERS CLUB, and are protected by copyright, patent, trade dress and trademark laws, and various other intellectual property rights. You may download, print, and view Materials from the Site under these Terms as long as you use the Materials only for non-commercial, personal use and as long as you do not modify or alter the Materials. You may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials other than as expressly permitted by these Terms. LEADERS CLUB reserves the right to revoke at any time the authorization to view, download and print the Materials available via the Site, and you must discontinue such use immediately upon notice from LEADERS CLUB.

The rights specified above to view, download and print the Materials available on the Site are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by law, including trade dress, trademark, and other laws, and may not be copied or imitated. No trademark, service mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by LEADERS CLUB in writing.

5. Access Limits

Without LEADERS CLUB’s express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Materials, lists of users, or other information.

You may not use any meta tags or any other “hidden text” utilizing LEADERS CLUB’s name, trademarks, or service marks without the express written permission of LEADERS CLUB. You may not use any LEADERS CLUB logo or other proprietary graphic, trademark, or service mark as part of a link without express written permission from LEADERS CLUB. When you use the Site and its Materials for an authorized purpose, you must include all proprietary notices without changing or hiding them. You agree that you will not use the Site in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

6. Registration Information; Security

To access certain portions of the Site, you must be a LEADERS CLUB Member and use a username and password. You represent and warrant that all information you submit on the Site is accurate. If LEADERS CLUB has reasonable grounds to believe that the registration information you provided is untrue, inaccurate, incomplete, or outdated, LEADERS CLUB may suspend or terminate your use of the Site. LEADERS CLUB may disallow the use of any username that LEADERS CLUB deems offensive or inappropriate. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the Site through your username and password. You agree to notify LEADERS CLUB immediately of any unauthorized use of your username or password.

7. Electronic Communications

By being a LEADERS CLUB Member, you authorize LEADERS CLUB to send electronic mail to you notifying you of changes or additions to the Site or any of LEADERS CLUB’s products or services.

8. Privacy and Data Security Policies

Your privacy is important to LEADERS CLUB. Please review LEADERS CLUB’s Privacy Policy regarding information we collect through your use of the Site, the terms of which are incorporated herein by reference. The Privacy Policy also was created to safeguard member information when it is being stored, transmitted, processed or managed through the use of LEADERS CLUB website or mobile application, as well as information stored and managed outside of our organizational infrastructure (i.e., externally hosted third-party software providers or individual application solutions such as an off-the-shelf mobile application).

9. User Obligations. You agree NOT to do any of the following while using the Site:

• Violate any applicable law, regulation, or the Terms;
• Tamper with other users’ postings;
• Solicit or gather any user’s information available from the Site, such as other users’ names and email addresses, for the purpose of transmitting any unsolicited advertising, “junk mail”, “spam” or “chain letters”;
• Impersonate or misrepresent your affiliation with any person or entity or create a false identity to mislead others;
• Post false or misleading information;
• Post or transmit any content that infringes a third party’s Intellectual Property Rights (as that term is defined below) or rights of publicity or privacy, that you do not have the right to disclose under contractual or fiduciary obligations, or that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of LEADERS CLUB or other users, or otherwise objectionable;
• Sell or otherwise monetize or commercialize any information posted on the Site;
• Violate any other policies stated on the Site;
• Repeat any action after you receive a warning or request from LEADERS CLUB to stop, whether or not that action is explicitly prohibited in policies. This includes continuing to use the Site under the same account, a different account, or reregistering under a new account after your account has been temporarily suspended, indefinitely suspended, or terminated; or
• Fail to respond to an email from LEADERS CLUB regarding a violation, dispute or complaint.

10. Network Groups on the Site

LEADERS CLUB may provide you the ability to participate in certain LEADERS CLUB “Networks”, “Groups”, and other areas on the Site where you can post content. Your participation in those Networks and Groups may be subject to additional terms and conditions applicable to those Networks and Groups that require you to agree to them as a condition to joining the Network(s) or Group(s).

These Networks, Groups and other areas on the Site allow you to post your information and comments on various topics. Please note that ideas you post and information you share will be seen and used by other users, and LEADERS CLUB cannot guarantee that other users will not use the ideas and information that you share on the Site. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to Groups, Networks, a status update, or elsewhere on the Site. LEADERS CLUB IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SITE.

11. Posting Information on the Site; Submissions

To operate the Site, LEADERS CLUB requires certain rights. When you post text, files, links, attachments, photos, videos, or other materials or information (collectively, “User Content”) to visible areas of the Site (such as chat areas, message boards, profile pages, or “blogs”), you are granting, or representing that the owner of such User Content has granted, a worldwide, royalty-free, perpetual, irrevocable, sub licensable, transferable, fully paid up, non-exclusive right under all Intellectual Property Rights to use, copy, reproduce, modify, transmit, distribute, perform, analyze, remove and display such User Content (in whole or in part) and incorporate such User Content in other works in any form, media or technology. Excluding certain information contained in your Member profile, and subject only to restrictions in our Privacy Policy, all material, information, or ideas that you upload, publish, distribute, post, or disseminate on or through the Site will be treated as no confidential and non-proprietary, and may be used or disseminated by LEADERS CLUB or its affiliates for any purpose. You also acknowledge and agree that LEADERS CLUB is free to use any ideas, concepts, know-how, feedback, or techniques that you provide for any purpose without any compensation to you.

You are responsible for the consequences of posting User Content regarding LEADERS CLUB or any third party, including other users, and agree to hold LEADERS CLUB harmless from any damages suffered or claims asserted by a third party as a result of any comment or information you choose to post or distribute. You may be held legally responsible for damages suffered by other users, LEADERS CLUB, or other third parties as a result of legally actionable or defamatory comments, other comments or information, or User Content that you post to the Site. LEADERS CLUB is not legally responsible for any comments, information, or other User Content posted or made available on the Site by any user or third party, even if such information or User Content is defamatory or otherwise legally actionable. LEADERS CLUB is not responsible for your or another person’s misuse or misappropriation of User Content or for your interactions with others on the Site. LEADERS CLUB is also not responsible for and does not monitor or censor User Content for accuracy or reliability. LEADERS CLUB, however, may remove or restrict access to information or User Content posted or made available on the Site by its users or any third party if ordered to do so by a court or if LEADERS CLUB considers such information or User Content to be in violation of these Terms, posted rules or its policies and procedures.

12.Links to External Sites

LEADERS CLUB may provide links on the Site to other independent websites on the internet that are owned and operated by third party vendors or other third parties not under the control of LEADERS CLUB. These links are not intended as an endorsement by LEADERS CLUB of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using the Site, you acknowledge that LEADERS CLUB is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource.

13.Accuracy of Information on the Site

LEADERS CLUB attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the Site you acknowledge that LEADERS CLUB will not be liable or responsible for any damage or loss caused by or in connection with the use of or reliance on any information on the Site. If you find any information on the Site to be inaccurate, please alert LEADERS CLUB at ——————-(email).

14.Termination

LEADERS CLUB may suspend or terminate your use of the Site for any reason, including, without limitation, if LEADERS CLUB believes that you have violated or acted inconsistently with these Terms. LEADERS CLUB may also modify or discontinue providing the Site, or any part thereof, with or without notice. LEADERS CLUB is not liable to you or any third-party for any termination of your access to the Site, or any modification or termination of the Site.

15. No Warranty; Disclaimers

THE SITE IS PROVIDED “AS IS,” AND LEADERS CLUB AND ITS SUPPLIERS AND COBRANDED PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LEADERS CLUB DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEADERS CLUB OR THROUGH OR FROM THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.

16.Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEADERS CLUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LEADERS CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE

17. Dealings with Advertisers or Partners

Your correspondence or business dealings with or participation in promotions of advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that advertiser or partner. You agree that LEADERS CLUB is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

18.Intellectual Property

All Materials are the property of LEADERS CLUB or the parties specifically indicated, and are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). Except as expressly provided in these Terms, LEADERS CLUB does not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of LEADERS CLUB or its licensors and are protected by U.S. and international intellectual property laws, including copyright laws. All software used on the Site is the property of LEADERS CLUB or its software suppliers and are protected by U.S. and international intellectual property laws, including copyright laws. “LEADERS CLUB”, any other LEADERS CLUB logos and service names are trademarks of LEADERS CLUB. All other marks contained on the Site are the property of the parties indicated.

19.Indemnity

You agree to indemnify, defend and hold harmless LEADERS CLUB, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, and employees, from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or related to (a) your violation of these Terms, (b) your use of the Site, (c) User Content that you submit, post to, or transmit through the Site, (d) your access to or use of linked Sites, and (e) any dealings between you and any third parties advertising or promoting via the Site or Software.

20. Void Where Prohibited

LEADERS CLUB controls, operates, and administers the Site from California. Although the Site is accessible worldwide, not all features, products or services offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. LEADERS CLUB reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are responsible for complying with applicable local laws.

Event specific (both digital and live or in-person) terms relating to use of imagery, materials, quotations and release of rights.

You understand that your attendance at any digital, online, in-person or hybridized event (the “Event”) may be photographed and/or recorded (either audio or video recordings, or both) by us, and that such photographs or recordings may include your photograph and recordings of your activities at the Event (collectively, and together with any presentation materials you submit to us, the “Materials”). By registering for and attending the Event, you give your consent to Leaders Club , and to anyone else whom it may authorize on its behalf, to: (a) photograph or make recordings of you, and to use, reproduce, store, display and/or redistribute the Materials, or portions thereof, in any media now known or later developed, for any lawful purpose in connection with the Event, including without limitation, internal and external promotion, advertising and purposes of trade; and (b) use your name, likeness, voice, identifying features and/or biographical information (together, “Personal Details”) in connection with the Event, including without limitation, to advertise and/or promote the Event in any media now known or later developed. For the avoidance of doubt, Leaders Club agrees it will not edit any Materials submitted by speakers in a manner that would be misleading or inconsistent with the original intent of the presentation. You also agree that, subject to applicable law, this consent is irrevocable and cannot be withdrawn after you submit this form.

You further understand that Leaders Club may write and publish research regarding the Event, which may include a summary of the topics discussed and/or the views or opinions expressed by Leaders Club and other participants at the Event; provided, however, that Leaders Club will not directly quote any participant, nor attribute by name in its research any views or opinions expressed by a participant, unless the participant separately consents to same.

If you are a speaker, you represent, warrant and covenant that: (a) Materials submitted by you (if any) and any statements that you make during your presentation, to the best of your knowledge, are accurate, and do not violate or infringe on any third party’s rights; and (b) you have all rights necessary to grant to Leaders Club all of the rights and permissions set forth in this form, without the need for any assignments, releases, consents, approvals, or other rights not yet obtained.

You acknowledge and agree that Leaders Club is not acting as your adviser and is not assuming a duty of care to you, and that none of the information provided to you by Leaders Club in connection with the Event is financial advice, professional advice, or a recommendation to purchase, hold, sell or otherwise transact in any financial instrument or to engage in any exercise, practice or purpose. You also agree that Leaders Club is not making any promises or warranties relating to the information we may provide in connection with the Event, that you are not relying on any such information, and that Leaders Club accepts no liability in connection with the event or the provision of information in connection with the Event.

You agree that you will not bring any action against Leaders Club arising out of: (a) the Event; (b) any information provided to you in connection with the Event; and/or (c) the permissions granted in this form.

21.Choice of Law; Dispute Resolution for California

By using our service, you agree that any disputes or claims arising from or related to your use of the service will be governed by and construed in accordance with the laws of the State of California, United States.

In the event of any dispute, both parties agree to first attempt to resolve the matter informally through good-faith negotiations. If an amicable resolution cannot be reached, both parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in a location mutually agreed upon by the parties. The language used in the arbitration proceedings will be English.

Both parties further agree that any arbitration award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Any claims or legal proceedings arising in connection with the service must be brought within the applicable statute of limitations or other time limits prescribed by California law.

By using the service, you also agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

22. General

If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effect the parties’ intent as reflected by that provision, and the remaining portions of these Terms will be given full effect. LEADERS CLUB’s failure to act in a particular circumstance, including any failure by LEADERS CLUB to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. LEADERS CLUB will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. LEADERS CLUB may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of LEADERS CLUB or to any subsidiary or successor in a merger or acquisition involving LEADERS CLUB. These Terms, in addition to any other written agreement between you and LEADERS CLUB, constitute the entire agreement between LEADERS CLUB and you with respect to your access to or use of the Site, superseding any prior versions of these Terms. If an express conflict exists between these terms and a written agreement between you and LEADERS CLUB, such written agreement supersedes these Terms.

23. Special Provisions Applicable to Users Outside of the United States of America

You have given us your express and informed consent to transfer any data or other information that you provide to us to the United States and to process it in the United States.