Terms of Service
TERMS OF USE
1. Accepting the Terms of Use
1.1 IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Your use of Leading Example’s products, software, services and web sites, including the Real Estate Agent Blog and Podcast, Coaching, Packages, Audio, Books, Subscriptions, free software products and paid software products (referred to collectively as the “Services”) is subject to the terms and conditions (“Terms”) below which form a legally binding agreement between you and Leading Example.
1.2 “Leading Example” means Leading Example Enterprises Inc., which includes Leading Example Coaching and Leading Example Financial, and whose place of business is Richmond, British Columbia, Canada.
1.3 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
1.4 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by Leading Example in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that Leading Example will treat your use of the Services as acceptance of the Terms from that point onwards.
1.5 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Leading Example, or (b) you are a person barred from receiving the Services under the laws of Canada, the United States or other countries including the country in which you are resident or from which you use the Services.
1.6 Any additional terms other than those set out in this agreement must be consented to in writing by Leading Example. If there is any contradiction between what the and additional terms say and what the Terms say, then the additional terms shall take precedence in relation to that Service, except for paragraphs 7 and 8 of this agreement which cannot be changed by any additional agreement.
1.7 Before you continue, you should print off or save a copy of the Terms for your records.
2. Use of the Services by you
2.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Leading Example will always be accurate, correct and up to date.
2.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada and the United States or other relevant countries).
2.3 Unless you have been specifically permitted to do so in a separate agreement with Leading Example, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
2.4 You agree that you are solely responsible for (and that Leading Example has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Leading Example may suffer) of any such breach.
2.5 Leading Example reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any comments posted on any of the Services.
3. Privacy Policy
3.1 Leading Example’s privacy policy at can be found at: http://www.leadingexample.com/support/privacy. You agree to the use of your data in accordance with Leading Example’s privacy policies.
4. Proprietary Rights
4.1 You acknowledge and agree that Leading Example (or Leading Example’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
4.2 You may not modify, publish, sell, distribute, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any content which forms part of the Services unless you have specifically been told that you may do so by Leading Example in a separate agreement.
4.3 Unless you have agreed otherwise in writing with Leading Example, nothing in the Terms gives you a right to use any of Leading Example’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
5. Software License
5.1 If you purchase software from Leading Example, Leading Example gives you a personal, non-transferable and non-exclusive licence to use the software.
5.2 You may not (and you may not permit anyone else to):
(a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof; or
(b) sell, rent, lease, licence, transfer or otherwise provide access to the software
unless you are expressly permitted in writing by Leading Example or required by law.
6. Termination
6.1 Leading Example may at any time, without notice, in its sole discretion and without cause, terminate its legal agreement with you and terminate your right to use the Services. Leading Example may also terminate its legal agreement with you and your right to access and use the Services, or any part of the Services, if you breach any term or condition of the Terms.
6.2 You may terminate your legal agreement with Leading Example by (a) notifying Leading Example in writing at any time and (b) ceasing your use the Services
6.3 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Leading Example have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11.4 shall continue to apply to such rights, obligations and liabilities indefinitely.
7. EXCLUSION OF WARRANTIES
7.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LEADING EXAMPLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
7.3 IN PARTICULAR, LEADING EXAMPLE DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
(b) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
(c) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
7.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEADING EXAMPLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
7.6 LEADING EXAMPLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
8.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 7.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEADING EXAMPLE SHALL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(i) ANY CHANGES WHICH LEADING EXAMPLE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); OR
(ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
8.2 THE LIMITATIONS ON LEADING EXAMPLE’S LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT LEADING EXAMPLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
8.3 LEADING EXAMPLE’S ENTIRE LIABILITY, IF ANY, AND YOUR EXCLUSIVE REMEDY, SHALL BE A REFUND OF THE PRICE PAID, IF ANY, FOR THE SERVICE.
8.4 SPECIFICALLY, LEADING EXAMPLE EXPRESSLY DISCLAIMS ANY DIRECT OR IMPLIED WARRANTY RELATING TO EARNINGS, SALE PRICE ESTIMATES, LIST PRICE ESTIMATES, OR EDUCATIONAL TOOLS OR COACHING SERVICES.
8.5 YOU UNDERSTAND THAT ANY EARNINGS OR PRICE ESTIMATES ARE ONLY ESTIMATES AND NOT REPRESENTATIONS.
8.6 LEADING EXAMPLE DOES NOT WARRANT OR REPRESENT TO YOU THAT YOU WILL INCREASE YOUR EARNINGS OR RECEIVE POSITIVE RESULTS FROM THESE SERVICES.
8.7 THE SERVICES ARE FOR EDUCATIONAL AND INFORMATION PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING, TAX, INVESTMENT, FINANCIAL OR OTHER ADVICE TO YOU, AND YOU SHOULD NOT RELY UPON THE INFORMATION TO PROVIDE ANY SUCH ADVICE
8.8 LEADING EXAMPLE MAKES EVERY REASONABLE EFFORT TO ENSURE THAT THE SUBJECT MATTER COVERED IS ACCURATE AND AUTHORITATIVE. HOWEVER, LEADING EXAMPLE IS NOT A REAL ESTATE AGENT, NOR DOES ITS AGENTS CURRENTLY PRACTICE REAL ESTATE OR HOLD AN ACTIVE REAL ESTATE LICENCE.
8.9 YOU AGREE TO USE YOUR OWN DUE DILIGENCE WHEN MAKING BUSINESS DECISIONS AND TO VERIFY ALL INFORMATION CONTAINED IN THE SERVICES.
8.10 YOU AGREE TO CAREFULLY CONSIDER AND EVALUATE ANY INFORMATION PROVIDED IN THE SERVICES BEFORE DECIDING TO USE OR RELY ON IT.
8.11 YOU AGREE THAT LEADING EXAMPLE IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED THROUGH THE SERVICES.
9. External Content
9.1 The Services may include hyperlinks to other web sites or content or resources, including those of advertisers. Leading Example may have no control over any web sites or resources which are provided by companies or persons other than Leading Example.
9.2 You acknowledge and agree that Leading Example is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that Leading Example is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10. Changes to the Terms
10.1 Leading Example may make changes to the Terms from time to time. When these changes are made, Leading Example will make a new copy of the Terms available at http://www.leadingexample.com/support/tos
10.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Leading Example will treat your use as acceptance of the updated Terms.
11. General
11.1 The Terms constitute the whole legal agreement between you and Leading Example and govern your use of the Services (but excluding any services which Leading Example may provide to you under a separate written agreement), and completely replace any prior agreements between you and Leading Example in relation to the Services.
11.2 You agree that if Leading Example does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Leading Example has the benefit of under any applicable law), this will not be taken to be a formal waiver of Leading Example’s rights and that those rights or remedies will still be available to Leading Example.
11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.4 The Terms, and your relationship with Leading Example under the Terms, shall be governed by the laws of British Columbia without regard to its conflict of laws provisions. You and Leading Example agree to submit to the exclusive jurisdiction of the courts located within the province of British Columbia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Leading Example shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
June 5, 2008