Terms & Conditions
Effective Date: January 1, 2017
Thank you for choosing LRI Research Services!
Acceptance of Agreement.
Please take a moment to review our Mutual NDA at the bottom of this page to understand how LRI collects, uses, discloses and protects your personal and company's confidential information as it relates to consulting and research services.
What Information Do We Collect?
When you visit our Web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.
Personal Information You Choose to Provide
You will provide us information about yourself, your firm or company, and your practices when you subscribe to Virtual Coach’s services, register for certain services, or register for email newsletters and alerts. You may also provide additional comments on how you see Virtual Coach servicing your needs and interests.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
Web Site Use Information
Similar to other commercial Web sites, our Web site utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site. We, our advertisers and ad serving companies may also use small technology or pieces of code to determine which advertisements and promotions users have seen and how users responded to them.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable.
What Are Cookies?
How Do We Use Information We Collect from Cookies?
Sharing Information with Third Parties
We may enter into alliances, partnerships or other business arrangements with third parties who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with alliances, partnerships or arrangements, we may also provide certain information to third parties if we have determined that the information will be used in a responsible manner by a responsible third party. For example, some of our partners operate stores or provide services on our site, while others power offerings developed by us for your use. We also use third parties to facilitate our business, including, but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with business activities. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.
Notice of New Services and Changes
Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and special offers we think you will find valuable.
How Do We Protect Your Information?
We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties.
What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by Web sites linked to or from our Web site nor the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.
We may require visitors to the Site who wish to use the Services or access certain portions of the Site to go through a registration process that requires them to choose a subscriber name and password in order to “log in” to our Services. If you are required to register, your subscriber name will be used to identify you on www.LRIrs.com. You may log in to www.LRIrs.com, use the Services, or modify your information only through your own subscriber name and password. By registering, you certify that the e-mail address you provide in the registration is accurate and belongs to you; otherwise, if that is not true, we have the option of terminating or suspending your account with LRI. You agree to register only if you are 18 years of age or older.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your subscriber name and password. You should notify us promptly if you identify an unauthorized use or a security breach related to the Services.
Intellectual Property Rights.
Our License to You.
The materials provided within the Site and the Services, including but not limited to information, documents, articles, images, trademarks, trade names, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (“LRI Content”) are provided either by LRI or by its service providers and may be copyrighted or protected by other laws governing intellectual property or proprietary rights. LRI grants you a non-exclusive, revocable, limited license to view and use the Site, the Services and the LRI Content.
Ownership and Limitations.
Your License to Us.
By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public areas of the Site, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our partners, agents, affiliates and service providers (each a "Third Party Provider" and collectively, "Third Party Providers") may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. With respect to any content or materials that you post in public areas of the Site or Services, you agree that we may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of the Site or the Services, without the requirement of providing you any form of compensation. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
In the case of confidential personal and company information that is shared with LRI privately and through the course of consulting and research services, please take a moment to review our Mutual Non-Disclosure Agreement to understand how LRI collects, uses, discloses and protects your personal and company's confidential information.
Without limiting the foregoing, we reserve the right to listen to, monitor and/or maintain any recordings that you submit as part of the voice analysis process for administrative and quality assurance purposes.
Content Provided On Site and Through Services.
Information contained on or made available through the Site or through our Services is not certified or tested. This includes information about us and about third parties. We disclaim any duty or obligation to update this information. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site or used in or generated by our Services. Your use of information on the Site, provided through our Services, or materials linked to the Site is entirely at your own risk. The information on this Site is to be used only for employee developement or training purposes and not for medical, diagnostic or other purposes.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, (c) you discontinue providing links to the Site immediately upon request by us; (d) you do not imply or state any sponsorship of your site by LRI and (e) you do not link to any page within the Site beyond the “home page” or first page.
Errors, Corrections and Changes.
We do not represent or warrant that the Site or the web ware used to provide our Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site and our Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site or used in our Services.
Third Party Content and Services.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We also may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and you use these services at your own risk. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Further, while using the Site or the Services, you may not:
- restrict or inhibit any other user from using or viewing the Site or using the Services;
- use the Site or the Services for the benefit of any third party, other than to accomplish a use permitted under this Agreement;
- republish or distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or the Services or create any derivative works with respect thereto, without prior written consent by LRI
- disassemble, decode, decompile or otherwise reverse engineer the Site or the Service or any interfaces or software programs comprising the same;
- use any data mining, robot, spider, scraper, or other automated means to access the Site, the Services or the LRI Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
- take any action that would impede or interfere with the operation of the Site or the Services or materially alter the contents of the Site or the Services without the consent of LRI
- transmit the Site or the Services any information or software that contains a virus, Trojan horse, worm, or other harmful component;
- upload, post, e-mail or transmit any content that is unlawful, harmful, threatening, abusive, disparaging, defamatory, libelous or obscene;
- impersonate any person or entity, attempt to hide the origin of any content you submit to LRI or falsely state or otherwise misrepresent your affiliation with another entity;
- upload, post, email or transmit any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- collect or store personal data about other visitors;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or Circumvent, disable or otherwise interfere with security-related features of the Site or the Services, including without limitations, any features that limit access to or enforce privacy settings applicable to the profiles of LRI users.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LRI DISCLAIMS ON BEHALF OF ITSELF AS WELL AS THE AFFILIATED PARTIES, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL LRI OF THE AFFILIATED PARTIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE SITE, THE SERVICES OR THE LRI CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. YOU AGREE THAT THE LIABILITY OF LRI AND THE AFFILIATED PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE OR THE SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED $100.00.
Links to other Web Sites.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents.
Notice and Takedown Request
LRI respects others’ intellectual property rights; however, the Site and the services contain information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on Site or the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to LRI at email@example.com (via electronic mail) or LRI’s Copyright Agent, P.O. Box 675520, Rancho Santa Fe, CA USA 92067-5520, ATTN: Steven Rumery (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site or within the Service that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that any content that you previously submitted to LRI that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to LRI’s Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site or the Services at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by LRI’s Copyright Agent, LRI may send a copy of the counter-notice to the original complaining party informing that person that LRI may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LRI’s sole discretion.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Service and the LRI Content provided therein.
Fees and Payment.
Optional paid services such as meeting with an LRI researcher are available for purchase through the Site. By selecting a Service, you agree to pay LRI the fees indicated for that Service plus any applicable taxes in advance of using such services. Payments will be charged on the day you sign up for a service and will cover the use of that service for a period of time as indicated. If you select a Service that is dependent on you providing information to LRI (such as completing a client intake survey), it is solely your responsibility to provide that information. Service fees are not refundable.
We may change the price of Services from time to time. If there is a specific time length and price for your Service, then that price will remain in force for that time. After the offer ends, your use of the Service will be charged at the new price. If your Service is on a period basis, for example monthly, with no specific time length, then we will tell you the date of any price changes. That date will not be less than 30 days after we tell you of the price change. LRI subscription services can be cancelled by you after the minimum time periods indicated.
If you have set up an account that uses a credit card to pay for Services, and the credit card number changes or you wish to change the credit card to which you are billed, please update your billing information. We will attempt to notify you via e-mail if we are unable to process your payments, but if we are unable to contact you, your account will be suspended until you provide a valid form of payment.
Upon termination or cancellation of the Service by you or us for any reason, LRI may delete your data permanently from our servers. You are responsible for taking all necessary steps to back up your data and ensuring that you maintain that data on an on-going basis.
Mutual Non-Disclosure Agreement (NDA)
Mutual Non-Disclosure Agreement (“Agreement”), effective on the date of the electronic acceptance of this agreement (the “Effective Date”), is between Leadership Research Institute, LLC (“LRI”), and the company specified in the electronic service order as the Company (the “Company”). This Agreement is made to set forth the basis under which LRI and the Company will furnish and/or disclose to each other certain financial, business, technical and other information.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, LRI and the Company agree as follows:
Section 1. Definitions. For purposes of this Agreement, the following terms will have the meanings specified below:
“Affiliate” means, with respect to either party, any individual, company, corporation, partnership or other entity, directly or indirectly, controlling, controlled by, or under common control with, such party.
"Confidential Information" means all financial, business and other information, in whatever form or medium, oral or written, including, without limitation, any trade secrets, processes, financial data, technical data and documentation, strategic planning, product/service specifications, prototypes, computer programs, databases, drawings, models, marketing data and client information that is furnished or disclosed by a Disclosing Party or any of its Affiliates to the Receiving Party solely in connection with the purpose set forth in Section 15 herein, except that such term will not include (i) information already known by the Receiving Party without an obligation of confidentiality, (ii) information that is or becomes publicly known other than through a breach by the Receiving Party of any of its obligations under this Agreement, (iii) information received by the Receiving Party from a third party who is not known by the Receiving Party, acting in good faith, to be under an obligation of confidence to the Disclosing Party, and (iv) information that the Disclosing Party has disclosed to other parties without similar obligations of confidentiality.
"Disclosing Party" means the party or Affiliate of the party hereto that furnishes Confidential Information to the other party or Affiliate of the other party hereto.
“Receiving Party” means the party or Affiliate of the party hereto that receives Confidential Information from the other party or Affiliate of the other party hereto.
Section 2. Ownership of Confidential Information. The Receiving Party agrees that the Confidential Information of the Disclosing Party is and will remain the property and asset of the Disclosing Party.
Section 3. Confidentiality Obligation. Except as required by law, for a period of three years from the Effective Date, the Receiving Party will treat as confidential and will not use other than for the purposes set forth herein, disclose or otherwise make available any Confidential Information of the Disclosing Party to any person other than employees, directors, representatives and consultants of the Receiving Party and its Affiliates who have a business need to know. The Receiving Party will instruct its employees, directors, representatives and consultants (and those of its Affiliates) who have access to the Confidential Information to keep the same confidential by using the same care and discretion that the Receiving Party uses with respect to its own confidential property and trade secrets, which will be no less than reasonable care and discretion. The Receiving Party will be responsible for the compliance of such employees, directors, representatives and consultants (and those of its Affiliates) with the terms of this Agreement. If a Receiving Party is required by applicable law, regulation, court order or legal process to disclose any Confidential Information, the Receiving Party will provide the Disclosing Party with prompt notice of such request or requirement and the Receiving Party will request that all Confidential Information so disclosed is treated confidentially. Disclosure of Confidential Information in accordance with the foregoing sentence will not violate the terms of this Agreement.
Section 4. Compliance by Affiliates. Each of LRI and the Company will be responsible for compliance by its respective Affiliates with the terms of this Agreement.
Section 5. Non-Disclosure of Agreement. Neither party, without the prior written consent of the other party to this Agreement, will disclose to any third person (other than its employees, directors, representatives and consultants with a need to know) the existence or purpose of this Agreement, the terms and conditions hereof, or the fact that discussions are taking place and that Confidential Information is being shared, except as may be required by law and then only after first notifying the other party of such required disclosure.
Section 6. Limitation on Obligation; No warranties, etc. Except for the obligation of confidentiality and the restrictions on use imposed by this Agreement upon the Receiving Party, each party acknowledges that no obligation of any kind is assumed or implied against the other party by virtue of any meetings or discussions regarding the purpose of this Agreement with respect to whatever information is exchanged. Further, this Agreement and any meetings and communications of the parties relating to the subject matter of this Agreement will not (i) constitute any offer, request, or contract among the parties to engage in any transaction, nor (ii) constitute any offer, request or contract involving a buyer-seller relationship, venture, teaming or partnership relationship among the parties. Each party hereto hereby acknowledges that the Disclosing Party makes no representations or warranties, express or implied, as to the accuracy or completeness of the Confidential Information of the Disclosing Party.
Section 7. Return of Confidential Information. If the Receiving Party reproduces all or any part of, or further discloses, any Confidential Information, the Receiving Party will not remove or obscure any confidential or proprietary notices or legends, if any, that appear in the originals thereof. At the request of the Disclosing Party, the Receiving Party will return to the Disclosing Party or destroy all Confidential Information, reproductions or summaries thereof and extracts therefrom. The Receiving Party’s obligations under Section 3 will survive any return or destruction of Confidential Information.
Section 8. Notice of Unauthorized Use. The Receiving Party will notify the Disclosing Party promptly upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement by the Receiving Party, and will reasonably cooperate with the Disclosing Party to regain possession of the Confidential Information and prevent its further unauthorized use or disclosure. If the Receiving Party or any of its employees, directors, representatives or consultants attempt to use or disclose any of the Confidential Information in a manner contrary to the terms of this Agreement, the Disclosing Party will have the right, in addition to such other remedies that may be available to it, to seek injunctive relief enjoining such acts or attempts, it being acknowledged that legal remedies may be inadequate.
Section 9. Independent Product Development Not Affected. The terms of confidentiality under this Agreement shall not be construed to limit either party's right to independently develop or acquire products or services of the same type as may be included within any Confidential Information or to enter into any business transaction with any other company which owns or has rights to any such similar products or services, as long as such right is exercised without the use of any other party's Confidential Information in violation of this Agreement.
Section 10. No Implied License. Except as otherwise provided herein, nothing in this Agreement shall be deemed to constitute an implied license in favor of either party to any proprietary rights of the other party, including, without limitation, any patents, copyrights, trademarks or trade secret information. Each party agrees not to use any trade name, service mark, or trademark of the other party or refer to the other party in any promotional activity or material without first obtaining the prior written consent of such party.
Section 11. Attorney-Client Privilege. To the extent that any Confidential Information may include materials subject to the attorney-client privilege, work product doctrine or any other applicable privilege concerning pending or threatened legal proceedings or governmental investigations, each party agrees that both such parties have a commonality of interest with respect to such matters and it is each party’s desire, intention and mutual understanding that the sharing of such material is not intended to, and shall not, waive or diminish in any way the confidentiality of such material or its continued protection under the attorney-client privilege, work product doctrine and other applicable privilege. All Confidential Information that is entitled to protection under the attorney-client privilege, work product doctrine and other applicable privilege shall remain entitled to such protection under these privileges, this Agreement and under the joint defense doctrine.
Section 12. Notices. All notices, requests, consents, demands and other communications provided for by this Agreement will be in writing and shall be deemed sufficient if delivered in person or by express courier or facsimile with receipt confirmed to the party to be notified. Any notice to LRI or the Company will be delivered to the address specified under the respective signature lines below, or to such other address as the parties will advise the other in writing from time to time.
Section 13. Miscellaneous. This Agreement may not be changed, modified or amended except by a writing signed by each party to this Agreement, and this Agreement may not be discharged except by performance in accordance with its terms. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement may not be assigned by either party hereto without the prior written consent of the other party. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any kind and every nature between them. This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement may be signed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Section 14. Authorization of Signatories. The individuals executing this Agreement on behalf of the Company and LRI do each hereby represent and warrant that they respectively have been and are on the Effective Date duly authorized to execute this Agreement on behalf of their respective principals.
Section 15. Limited Use of Confidential Information. The Receiving Party will use the Confidential Information solely for the following purpose: Services rendered related to the selecting and developing personnel and to improving the organization’s effectiveness.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date of the electronic acceptance of this agreement (the “Effective Date”).
Name: Steven M. Rumery
Address for Notices:
Leadership Research Institute
P.O. Box 675520
Rancho Santa Fe, CA 92067-5520
+1 858 756 3800