SITE TERMS AND CONDITIONS
Last Updated September 25, 2022
Perry Gladstone Consulting Inc. (“Perry Gladstone Consulting”) is a business assessment publisher, training, and consulting firm that creates products and provides services, including its websites, leadership self-assessments and related reports, coaching, training, and consulting services (collectively “Services”).
Using Perry Gladstone Consulting Services means you are subject to these Terms and Conditions. By accepting Perry Gladstone Consulting Services, you agree to these Terms and Conditions. You indicate your agreement to be bound by these Terms and Conditions by clicking a check box or button indicating your acceptance of these Terms and Conditions, by executing a document that references them, or by using the Services.
If you are using Perry Gladstone Consulting Services on behalf of an organization, you agree to these Terms on behalf of that organization and affirm that you have are authorized to do so. If you are acting on behalf of your organization, “you” and “your” will refer to that organization.
All of the policies contained on the Policy Page may be referred to collectively as our “Terms and Conditions,” and become part of your agreement with Perry Gladstone Consulting if you use the Services referenced therein.
If a separate agreement is entered into by you and Perry Gladstone Consulting, (i.e., for partnership or referral agreements, training or consulting services, or coaching, etc.), any conflict between the new agreement and these Terms and Conditions shall be resolved in favor of the new agreement. If the new agreement does not address access to and use of Perry Gladstone Consulting's Services as described herein, these Terms and Conditions shall apply to such access and use.
Perry Gladstone Consulting reserves the right, at its sole discretion, to change, modify, add or remove parts of these Terms and Conditions at any time. All changes are effective immediately when posted. Perry Gladstone Consulting will notify you when any material changes, modifications or additions to these Terms and Conditions or Product Terms are made.
Your continued use of Perry Gladstone Consulting services means that you accept and agree to these changes. You will be subject to the Terms and Conditions in force at the time that you use Perry Gladstone Consulting Services. If any of these Terms and Conditions are found to be invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not be part of this Agreement.
2. USER CONTENT
You grant Perry Gladstone Consulting a worldwide, perpetual, royalty-free, non-exclusive right and license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content for the limited purposes of providing the Services to you and as otherwise permitted by Perry Gladstone Consulting's Terms and Conditions.
This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content, and any residual backup copies of your Content made in the ordinary course of Perry Gladstone Consulting's business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you.
If you provide Perry Gladstone Consulting with feedback to us about the Services, we may use and share your feedback without any obligation or compensation to you.
Perry Gladstone Consulting may identify you (by name and logo) as a customer on our website and on other promotional materials.
If you and Perry Gladstone Consulting exchange confidential information during the delivery of Services, the disclosing party shall retain all rights to its confidential information. The receiving party will take every reasonable measure to protect and prevent the unauthorized disclosure of the confidential information as they would their own.
4. INTELLECTUAL PROPERTY
You acknowledge that you do not acquire any ownership rights of the Services by downloading copyrighted material, including but not limited to the personalized reports generated by Perry Gladstone Consulting assessments.
These Terms and Conditions do not grant you any right to use Perry Gladstone Consulting's trademarks or other brand elements. Any use of “Perry Gladstone Consulting” or any other Perry Gladstone Consulting trademark shall require the prior written consent of Perry Gladstone Consulting.
You agree not to reproduce, duplicate, copy, sell, resell, publish, or commercially exploit any portion of the Services, use of Services, or access to the Services without the express written permission written from Perry Gladstone Consulting.
Perry Gladstone Consulting websites contain copyrighted material, trademarks and proprietary research. The entire contents of Perry Gladstone Consulting websites are copyrighted as a collective work under United States and international copyright, authors' rights and database right laws. All rights reserved. Accordingly, international and domestic laws and penalties guaranteeing patent, copyright, trademark and trade secret protection safeguard the ideas, concepts, and recommendations related within this site.
5. Perry Gladstone Consulting INSIGHTS, ARTICLES AND REPORTS
Perry Gladstone Consulting insights, reports, news articles, and infographics may only be downloaded for your personal use. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any references to Perry Gladstone Consulting articles, reports and graphs, in whole or in part, on any webpages must provide a link back to the original content in its entirety. Except as expressly provided herein, the transmission of this content shall not be construed to grant a license of any type under any copyright or trademarks owned or controlled by Perry Gladstone Consulting.
To request web posting, reprint, or licensing requests for Perry Gladstone Consulting material, or if you wish to reproduce Perry Gladstone Consulting content in a manner not addressed in this section please email Perry Gladstone Consulting.
6. DCMA NOTICES
We respect and value copyright and the intellectual property of others; we fully expect our partners and clients to do the same. Perry Gladstone Consulting responds to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 (DCMA). If you allege that your intellectually property has been improperly copied, please provide Perry Gladstone Consulting's Copyright Agent the following information:
A description of the copyrighted work, including the URL where this infringing content is available, or a copy of it;
A statement in "good faith belief" that the work is not authorized by the copyright owner;
A statement that the information included in the notification (all the above information) is accurate and that the person sending the notice is either the copyright owner or authorized to act on the copyright owner's behalf
The contact details of the person submitting the notice: email address, phone number and physical address
An electronic or physical signature of the copyrighted work owner (or authorized person)
This information may be sent to:
Attn: Copyright Agent
Perry Gladstone Consulting, Inc.
467 Atlas Ave.
Toronto, ON, Canada, M6C3R1
7. YOUR ACCOUNT
If you have been issued a Perry Gladstone Consulting account in connection with the Services, you are responsible for safeguarding your password, maintaining the confidentiality of your account, and protecting any other credentials used to access that account. Perry Gladstone Consulting is not liable for any loss or damage arising from your failure to protect your password or account information.
You, and not Perry Gladstone Consulting, are responsible for any activity occurring in your account. You may not use the Perry Gladstone Consulting Site, or any Perry Gladstone Consulting Site content for any unlawful purpose. If you become aware of any unauthorized access to your account, you agree to immediately notify Perry Gladstone Consulting. Accounts may not be shared and may only be used by one individual per account.
8. USER CONDUCT
If you are an individual, you may only use the Services if you have the power to enter into a contract with Perry Gladstone Consulting. If you do not have the power to form a contract, you may not use the Services.
If you are using Perry Gladstone Consulting's Services on behalf of an organization, you warrant that you have full power and authority to enter into these Terms, and that you bind that organization to these Terms.
None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
Perry Gladstone Consulting's sites may contain comments sections, discussion forums, or other interactive features ("Interactive Areas") in which you may post or upload user-generated content, including but not limited to comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk.
PROHIBITED USER CONTENT:
You agree not to upload, e-mail, post or otherwise transmit any User Content that:
Defames, harasses, stalks, threatens, harms or in any way infringes upon the rights of others
Violates any law, discusses illegal activities with the intent to commit such activities, or advocates or provides instruction on dangerous, illegal, or predatory acts
Probes, scans, or tests the vulnerability of any system or network, interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of Perry Gladstone Consulting's websites, or breaching or otherwise circumventing security measures
Advertises, contains promotional materials, or any form of commercial solicitation.
Infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, right of publicity, or trade secrets.
You do not have the right to disclose under contractual confidentiality obligations or fiduciary duties, or that you know to be false, misleading or inaccurate.
Contains obscene (i.e., pornographic) language or images.
You further agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Perry Gladstone Consulting's Sites, use of the Sites, or access to the Sites.
Perry Gladstone Consulting does not vouch for the accuracy or credibility of any User Content, and does not assume any liability or take any responsibility or for any actions you may take as a result of reading User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
Perry Gladstone Consulting reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
User Content submitted by you will be treated as non-confidential.
10. DISCLAIMERS AND WARRANTIES
The services and any guidance or recommendations herein are provided “as is.” Perry Gladstone Consulting does not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement of proprietary of third party rights or any representations regarding availability, reliability, or accuracy of the services.
Perry Gladstone Consulting is dedicated to providing uninterrupted, error-free services. However, due to the nature of electronic data transmission, this cannot be guaranteed. Also, repairs, maintenance, or introduction of new services may occasionally suspend or restrict your access to Perry Gladstone Consulting, though we attempt to limit the frequency and duration of any interruption to Perry Gladstone Consulting services, products, and/or websites.
11. EXCLUSION OF LIABILITY
Perry Gladstone Consulting, its affiliates, subsidiaries, officers, employees, suppliers, agents, and licensors will not be liable for:
(a) any direct, indirect, consequential, special, incidental, punitive, or exemplary damages that result from the use of Perry Gladstone Consulting whatsoever;
(b) direct or indirect loss of use, data, business, revenues, profits, contracts, anticipated savings, data, goodwill, or wasted expenditure arising out of or in connection with the services or the inability to use Perry Gladstone Consulting materials, products, services, or websites;
(c) any defamatory, offensive, or illegal conduct of any user;
(d) losses that were not caused by any breach on our part;
(e) any indirect or consequential losses that were not foreseeable to either Perry Gladstone Consulting nor you when you began using Perry Gladstone Consulting services or websites.
12. LIMITATIONS OF LIABILITY
To the extent permitted by law, the aggregate liability of each of Perry Gladstone Consulting, its affiliates, subsidiaries, officers, employees, suppliers, agents, and licensors arising out of or in connection with the services and these terms will not exceed the lesser of:
(1) the amounts paid by you to Perry Gladstone Consulting for use of the services at issue during the 12-months prior to the event giving rise to liability; and
(2) US $200.
If you are dissatisfied with any Perry Gladstone Consulting material, products, or services or with any of Perry Gladstone Consulting's Terms and Conditions, your sole and exclusive remedy is to discontinue using the Perry Gladstone Consulting services.
13. APPLICABLE LAW
These Terms and Conditions are governed by and construed in accordance with the laws of Ontario, Canada. The parties (You and Perry Gladstone Consulting) submit to the exclusive jurisdiction of the courts of Ontario, Canada over any dispute or non-contractual obligation arising out of or relating to this Site Terms and Conditions and other agreements.
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the Canadian Arbitration Association in accordance with the provisions of its commercial dispute resolution rules, unless You are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.
You may terminate your Perry Gladstone Consulting account by discontinuing use of Perry Gladstone Consulting Sites. Perry Gladstone Consulting may cancel or discontinue its offerings without notice. The restrictions, disclaimers and limitations of liabilities set forth herein shall survive such cancellation or termination, including but not limited to trademark and copyright protections. Perry Gladstone Consulting shall have the right to immediately terminate Your Account in its sole discretion if any conduct by you is found by Perry Gladstone Consulting to be in breach of these Terms and Conditions.
17. Perry Gladstone Consulting CONTACT INFORMATION:
Perry Gladstone Consulting
467 Atlas Ave.
Toronto, Ontario, Canada, M6C3R1