Five Climbs Series
Terms and Conditions
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE PURCHASING OR USING LEARNING POINT’S FIVE CLIMBS SERIES MATERIALS AND ONLINE CONTENT. BY USING ANY ASPECT OF THE FIVE CLIMBS CONTENT, TRAINING RESOURCES AND SERVICES PROVIDED TO YOU IN ASSOCIATION WITH YOUR FIVE CLIMBS ACCOUNT, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT UTILIZE ANY PART OF THE FIVE CLIMBS CONTENT, SERVICES, OR PROCESSES PROVIDED THEREIN.
BY USING LEARNING POINT’S FIVE CLIMBS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS LEARNING POINT, INC. MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF FIVE CLIMBS WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information.
Learning Point, Inc.
10000 NE 7th Ave, Suite 400
Vancouver, WA 98685
Telephone: Toll Free 1-888-823-1646
- “Five Climbs” refers to the provision by Learning Point, Inc. to the Five Climbs Account Holder to access to Learning Point’s Five Climbs website as well as certain specified Five Climbs Series Workshops and other events that are designated for Five Climbs purposes.
- “Account Holder” refers to the person or entity that purchases the Five Climbs Account from Learning Point, Inc. and ultimately holds the privileges of the specific Five Climbs Account and bears responsibility for the terms and conditions set herein.
- “User” refers to any person who uses the Five Climbs Online Services, as authorized by the Account Holder, to gain access to online content and/or attend any of the Five Climbs Series Workshops designated for Five Climbs purposes, and thereby use any of the content, materials, and obtained in said online accounts and/or Workshops.
- “Access” or “Accessing” means accessing, accessing online content, using, registering for workshops, attending workshops, viewing the content and training materials, and otherwise utilizing any content or materials associated with Learning Point’s Five Climbs content and services.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
- “Website” or “Site” refers to the website maintained on the World Wide Web by Learning Point, Inc., available at http://www.fiveclimbs.com and/or http://www.fiveclimbs.com that includes online content, downloadable materials, a listing of workshops, registration tools, resources, terms and conditions, and associated information.
- “You” or “Your” refers to the Account Holder and/or User.
3. Modification of Terms.
Learning Point, Inc. reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Learning Point, Inc. gives notice to the Account Holder. Notice will be given by posting the change to the Terms and Conditions on the Learning Point website. Account Holder agrees to check the website periodically for changes to these Terms. Any use of the Five Climbs Account after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. Five Climbs Account Provision.
Learning Point, Inc. hereby grants each Account Holder a limited, non-exclusive, non-sublicensable and non-transferable right to 1) access the Five Climbs Online Account, 2) reserve and register for one seat in designated Five Climbs workshops and event, and 3) use the content and materials obtained in said online account and workshops according to the provisions and restrictions contained herein. These privileges are subject to the payment of the applicable Five Climbs fees and adherence to these Terms.
5. Specific Five Climbs Privileges and Procedures.
- Account Holder will have an exclusive account on FiveClimbs.com.
- Account Holder may reserve one seat at designated Five Climbs workshops and event.
- Workshops and events may only be attended by the Account Holder him/herself and no other person.
- Access to the Account Holder’s online Five Climbs account may only be accessed by the Account Holder him/herself and no other person.
- To register for a given Five Climbs workshop or event, the Account Holder must contact Learning Point, Inc. directly at 1-888-823-1646.
- Unless otherwise specified, the Five Climbs Account is valid for one year from the date it is issued.
- Five Climbs Accounts are non-refundable.
- Discounts, rebates or other special offers associated with the promotion of Learning Point’s public workshops may not be valid in conjunction with Five Climbs privileges.
- The number of Five Climbs Accounts will be limited. Learning Point may increase or decrease the price of the Five Climbs Account at any time and for any reason. In addition, Learning Point may increase or decrease the quantity of Five Climbs workshops and events associated with Five Climbs at any time for any reason.
- The rights and privileges associated with the Five Climbs Account are effective only upon payment in full of the Five Climbs Fees.
- Workshops have a limited seating capacity. The “first-come-first-serve” rule applies to Five Climbs Account Holders. If a given workshop becomes full before You register for that workshop, your right to reserve a seat in that workshop will not apply. You will be notified of alternative dates and may be given the option to be put on a waiting list.
- Account Holders are solely responsible for ensuring that they have sufficient computer equipment and internet connection to access their Five Climbs Account. Account Holders are solely responsible for ensuring that they have sufficient means to transport themselves to and from Learning Point workshops.
6. Modifications, Scheduling, Cancellations, and Restrictions.
Learning Point, Inc. strives to provide workshops as they are scheduled, without cancellation or rescheduling. To that end, Learning Point, Inc. will make all reasonable efforts to hold each and every workshop that it promotes and to keep the Account Holder well-informed on workshop content and schedule. However, from time to time, certain workshop events may be cancelled or rescheduled due to conditions outside of Learning Point’s reasonable control. Such conditions include, but are not limited to: low enrollment, participant cancellations, force majeure, acts of God, and power outages.
Learning Point, Inc. endeavors to provide the highest quality learning experience to its Learners. To that end, Learning Point, Inc. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of its online content and/or offering of workshops and the content therein. Such changes, modifications, additions or deletions will be effective immediately upon the change being made. In addition, Learning Point, Inc. reserves the right, in its sole discretion, to restrict or refuse Access, in whole or in part, to any Account Holder, User, or other person, if it deems that such access would be disruptive or detrimental to the learning experience of any other User; or if Learning Point deems that a breach of this Agreement has occurred.
7. Prohibited Conduct.
Account Holders and Users expressly agree to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Copy, modify, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the content, information, text, graphics, source code or HTML code, or other content available in the Learning Point Workshops or on the Website.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available in the Learning Point Workshops, Materials, or Website.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Learning Point’s computers, servers or databases.
- Permit or provide others Access to Your user name and password or otherwise, or the name and password of another authorized User.
- Transfer the content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate Learning Point, Inc’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Learning Point.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Learning Point.
- Advertise or otherwise solicit funds, goods or services at any Learning Point Workshops or to any Learning Point Workshop attendees.
- Provide any commercial hosting service with Access to the Learning Point website.
- Resell or redistribute in any way any aspect of the content obtained from any Learning Point Workshop, Materials, or Website.
8. LIMITED WARRANTIES.
ALTHOUGH LEARNING POINT, INC. HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
9. DISCLAIMERS AND LIMITATION OF LIABILITY.
USER ACCESSES THE WORKSHOPS AND WEBSITE AT HIS/HER/ITS OWN RISK. THE FIVE CLIMBS CONTENT AND SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. LEARNING POINT, INC. DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF CONTENT OBTAINED FROM THE WORKSHOPS OR WEBSITE. LEARNING POINT, INC. DOES NOT WARRANT THAT THE INFORMATION IN THE WORKSHOPS OR WEBSITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL LEARNING POINT, INC. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THE WORKSHOPS, MATERIALS, AND WEBSITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU OBTAIN OR DOWNLOAD IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU OR YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT LEARNING POINT, INC. RECEIVED FROM THE YOU AND/OR THE PASS HOLDER TO PURCHASE THE SMART PASS. IN NO EVENT WILL LEARNING POINT, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LEARNING POINT, INC. RECEIVED FROM THE ACCOUNT HOLDER FOR THE FIVE CLIMBS ACCOUNT, EVEN IF LEARNING POINT, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF LEARNING POINT, INC., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. LEARNING POINT, INC. IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT ADVERSELY AFFECT THE USERS OR ACCOUNT HOLDERS OF FIVE CLIMBS CONTENT AND SERVICES, WORKSHOPS, WESBITE, OR MATERIALS. NO DEALER, AGENT, OR EMPLOYEE OF LEARNING POINT, INC. IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
LEARNING POINT, INC. DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT LEARNING POINT, INC. RECEIVED FROM THE ACCOUNT HOLDER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
10. Copyrights, Trademarks and Other Proprietary Rights.
Learning Point, Inc. or its third party content providers shall retain all worldwide rights in the intellectual property in and on its workshops, materials, and website, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see in the workshops, on the materials, and on the website is copyrighted, trademarked, or otherwise protected and owned or licensed by Learning Point, Inc. Except as expressly stated on the materials, in the workshops, on the website, or in these Terms, nothing that You read or see may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Learning Point, Inc., except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Learning Point, Inc.’s intellectual property except as set forth herein.
User and Account Holder agree to defend, indemnify and otherwise hold harmless Learning Point, Inc. and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s or Account Holder’s Prohibited Conduct or other improper or illegal use of the Five Climbs Account, Workshops, Materials, or Website, or breach of these Terms.
12. Security; Authorized Use.
Users and Account Holders are prohibited from violating or attempting to violate the security of the Website. Learning Point, Inc. has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Learning Point, Inc. may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the Website. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify Learning Point, Inc. immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Learning Point, Inc. immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Learning Point, Inc. will not be liable for any loss that You incur as a result of someone else using Your Account, Pass Code or user name and password with or without Your knowledge. You may be held liable for any losses incurred by Learning Point, Inc, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password. Learning Point, Inc. will never ask You for Your Website password. If You need a new user name and/or password, Learning Point, Inc. will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
13. Termination of Agreement.
In addition to Learning Point, Inc’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Learning Point may also terminate Access to the Workshops and Website, or cancel the Five Climbs Account without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Learning Point, Inc. deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall survive in perpetuity.
These Terms constitute the entire agreement between Learning Point, Inc. and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Learning Point, Inc. and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Learning Point may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Learning Point’s remedies are cumulative and not exclusive. Failure of Learning Point to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Learning Point makes no representation that the content of the Site is appropriate or available for use in all locations. Learning Point operates its Website from the United States and makes no representation that the Website complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using the Website. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Learning Point cannot provide notifications via post, only e-mail.
16. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content in the Workshops, Materials, or on the Website shall be governed by Washington State law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Learning Point shall be finally resolved through binding arbitration in Vancouver, Washington. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Washington Superior Court, County of Clark or the United States District Court for Washington State. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Washington Superior Court, Clark County or the United States District Court for Washington State for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
EFFECTIVE DATE: August 1, 2012