LES Standards

TERMS OF USE

About these Terms
These Terms of Use (either “Terms of Use” or the “Agreement”) govern your use of LES Standards, including all use, submissions, and purchases that you make. LES Standards is provided by the Licensing Executives Society (U.S.A. and Canada), Inc. (“we” or “us”). In this Agreement, the term “you” means the person who (and the entity on whose behalf you are acting) is agreeing to these Terms of Use. We may change any term to this Agreement at any time after providing 14 days’ notice of such change. If you disagree with any changes to this Agreement, you must discontinue your use of LES Standards before the changes take effect. Your ongoing use of LES Standards after the changes take effect signifies your agreement to the new terms.

Changes to the Services
We may change or discontinue any offering or feature on LES Standards at any time and without notice.

Registration
We will open an account for you when you sign up to purchase LES Standards. You must provide complete and accurate registration information, including (if applicable) accurate and up-to-date billing information. You represent and warrant that: (1) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations, (2) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, (3) all information that you provide is true and current, and (4) if you are registering for a license bundle, you will provide all names and email addresses for the other licensees under your bundle prior to distributing to such licensee, and (4) if you are registering for a license bundle, you will inform any other licensees under your bundle of the obligations and restrictions on sharing as outlined below.

Your Information
You consent to the information practices regarding your account, and any information provided through your account, including the names and email addresses for other licensees under your bundle, and the choices that you can make about the use of your information as disclosed in the LES Standards Privacy Policy (see below).

Your Responsibilities
You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use LES Standards, or any of its web sites, services, data, documents, information and content (collectively, “Content”) in any way that: (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including LES, our employees, and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or (5) violates this Agreement, guidelines or any policy posted on LES Standards. You may not give access to your account, or disclose your password to others. You are responsible for keeping your account information, including all passwords, confidential.

License and Permitted Uses for LES Standards
If you are a purchaser to a particular LES Standard (for example the Intellectual Capital in the Boardroom standard), you agree that your username and password will not be disclosed to any unauthorized person. We may change your username and password at any time, provided that you are sent notice to your last known e-mail address. You agree to keep your access information confidential and to notify us of any violation of this Agreement. LES Standards licenses are sold to individual purchasers for (a) single users only, (b) in a ten (10) license bundle or (c) in a twenty-five (25) license bundle and for only the particular Standard.

Any and all Content available in the LES Standards shall not, in whole or in part, be reproduced, revealed, published, distributed, or otherwise made available or shared (“Shared”) with anyone else unless required by law. You acknowledge that the products are subject to the copyright and other proprietary rights of LES and you will not commit or permit any act or omission that would impair such rights.

Notwithstanding the paragraph immediately above,LES Standards purchased in license bundles of ten (10) or twenty-five (25) units may be distributed to the appropriate ten (10) or twenty-five (25) single named users from the same entity, and then provided that such licensees are bound by these Terms of Use, including not Sharing with anyone else unless required by law.

We grant you a non-exclusive, non-transferable, limited license to access and use the LES Standard you purchased and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold or assigned. You may download and temporarily store insubstantial portions of Content that you license to one personal computer storage device under your exclusive control. You may also create one printout of such Content for your internal use, and you may not further distribute the printouts. Content can under no circumstance be distributed to others without our express written consent.

You may not copy, download, store, publish, transmit, transfer, sell or otherwise use or Share the Content in any form or by any means, except as expressly permitted by this Agreement or as required by law. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not store or use the Content to create an archival or searchable version of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. Except for the license granted in this Agreement, all rights, title and interest in LES Standards and any derivative Content are and will continue to be the exclusive property of LES.

License and Permitted Uses for LES Standards
If you are a purchaser of the LES Standard, we grant you a non-exclusive, non-transferable, limited license to access and use the LES Standard (such as Intellectual Capital in the Boardroom) that you purchased subject to the terms and limitations of this Agreement. All Content included in the LES Standard is licensed and may not be sold or assigned. You may download and temporarily store individual editions of the LES Standard and all Content accessible via hyperlink contained in a LES Standard, to one personal computer storage device and one portable computer device (such as an email-enabled mobile phone, Blackberry or PDA), each under your exclusive control. You may not Share individual editions of the LES Standards or Content accessible via hyperlink contained in the LES Standard to others unless you have purchased a license bundle and then pursuant to the terms of such bundle as outlined in this Agreement.

Fees and Payment
You agree to pay the applicable fees and charges for purchases that you make from us. We will disclose your payment terms at the time you make a purchase from LES. All charges are nonrefundable.

If you purchase any service that requires payment, you must give us accurate billing and payment information. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on LES Standard. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

Refund Policy
Due to the type of the information being licensed, we unfortunately cannot accept returns of content once it has been purchased. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.

Billing Problems and Disputes
You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Disclaimer of Warranties
WE PROVIDE LES STANDARDS “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” YOUR USE OF LES STANDARDS IS AT YOUR OWN RISK. WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT LES STANDARDS OR ANY OF ITS CONTENT OR MATERIALS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEB SITES, SERVICES, CONTENT AND MATERIALS ON LES STANDARDS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING OR THAT THE WEBSITE, LES STANDARDS OR THE SERVER(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE LES STANDARDS SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE LES STANDARDS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

EVERY EFFORT IS MADE TO ASSURE THAT ALL INFORMATION PUBLISHED IS CORRECT. HOWEVER, LES DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES AND AS A SUBSCRIBER YOU ASSUME THE RISK OF POSSIBLE ERRORS OR OMISSIONS. NO LEGAL ADVICE IS INTENDED OR OFFERED BY LES IN MAKING ANY OF THE CONTENT AVAILABLE, AND LES DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY DECISION TAKE BY A PARTY IN RELIANCE UPON THE CONTENT.

Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE LES STANDARDS SERVICES AND SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE LES STANDARDS SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR LES STANDARDS PURCHASE AT ISSUE.

Links to Other Sites
The LES Standards may contain links to other websites. These links are provided to you only as a convenience and their presence do not imply endorsement by LES Standards or its affiliates or subsidiaries, or of any association with such websites’ operators. You agree that LES and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites on linked sites. LES and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through these links. Any concerns regarding services offered or content which is published by these other sites should be directed to the operator of that specific website and not LES.

Termination
We may cancel or suspend your access to LES Standards at any time, without cause and/or without notice. Your right to use LES Standards will end once your service is terminated. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

Indemnification
Upon a request by us, you agree to indemnify, defend and hold harmless LES and its affiliates and their respective officers, employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms of Use; and/or (2) your activities or omissions in connection with the LES Standards. We reserve the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices
Your affirmative act of making purchases or registering for LES Standards constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you and the additional licensees under your license bundle in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding LES Standards (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the applicable web page of LES Standards. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.

Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted on LES Standards constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of New York govern this contract and any claim or dispute that you may have against us, without regard to New York conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in New York, New York, and you consent to personal and subject matter jurisdiction and venue in such courts.

Assignment
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

Privacy Policy
Website Usage Information
We may receive and store certain types of website and email usage information whenever you visit any of our web sites or open one of our LES Standards emails. For example, we may collect the page served, time, source of the request, type of browser making the request, preceding page view, previously stored “cookies”, and other similar information. With regard to the LES Standards and other email messages, we may store information about whether or not the email was viewed, whether or not images were downloaded from our server, links that may have been accessed, the identity of the subscriber, and whether or not the report has been forwarded to others. When analyzed, website and email usage information helps us determine how subscribers and visitors utilize our Content, what type of Content is most popular, and the manner in which our Content is being viewed.

Use of Cookies
Our website uses cookies to collect information about your access and the services we provide. Cookies are pieces of information which include a unique reference code that a website transfers to your device to store and sometimes track information about you. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the website and will last for longer. Cookies are uniquely assigned to you and can only be read by a server at the domain that issued the cookie. We may use cookies to:

·Remember that you visited the site before, and to track unique visitors;
·Remember your login information as you navigate through our website;
·Improve the customer experience by recording how users navigate our website;
·Collect statistical information about how users utilize our website; and
·Maintain a record of the pages within our website that are visited, and to monitor website traffic.

Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional information about cookies and how to block cookies using different types of browser. Please note however, that by blocking, deleting or turning off cookies used on the site you may not be able to take full advantage of LES Standards’ features.

Other Information Collected
We may receive and store certain types of personal information provided by you in the course of providing service. For example, we may collect terms, phrases, and choices you make while searching, browsing, or configuring alerts or bookmarks. We may collect and store billing information. We record changes to your account status. For example, we may record when payments were made, when your account was accessed, when your password was reset, and similar audit information.

How We Use the Information Collected
The information you provide to us may be used to:
·Send you newsletters and/or other e-mail communications for which you have registered;
·Contact you about changes to our web sites or our services (e.g., notification of changes to this Privacy Policy, the Terms of Use, or other policies that affect your use of our web sites);
·Provide you with educational or training information about the products or services that you ordered or about new products or services.
·Confirm or fulfill an order you have made;
·Authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;
·Monitor or improve the site;
·Administer the site’s systems and for other internal business purposes;
·Customize the content you see;
·Comply with and monitor compliance with our Terms of Use and other applicable agreements and polices; and
·For other purposes disclosed when you provide your information.

With Whom Information May Be Shared
We employ third parties to perform functions on our behalf; examples include hosting or operating our site, fulfilling orders for products and services purchased through the site, sending e-mail, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the site’s behalf. We do not sell personal information to third parties or provide it to them for any purpose other than the provision of products and services purchased through the site.

More Information
If you have any questions or concerns about our Privacy Policy, about any information that we may have collected or stored, or to delete, opt out or modify any of the information, please contact us directly at Licensing Executives Society (U.S.A. and Canada), Inc. 11130 Sunrise Valley Dr., Ste 350, Reston, VA 20191.

BY USING, SUBSCRIBING, OR REGISTERING FOR LES STANDARDS, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO THE FOLLOWING TERMS, INCLUDING BINDING ANY LICENSEES UNDER YOUR BUNDLE (the “AGREEMENT” or “TERMS OF USE”). Do not use or sign up or use the LES Standards if you do not agree to these Terms of Use.

LES Individual Member/LES Standards Development Organization (SDO) Member Pricing:
Single-Use License: $100
10-License Bundle: $750
25-License Bundle: $1,250

Non-LES Member Pricing:
Single-Use License: $125
10-License Bundle: $1,000
25-License Bundle: $1,875

Members will need to login to receive member prices.

To receive a downloadable copy: