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Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING OUR SERVICES.

THESE TERMS OF SERVICE CONTAIN DISCLAIMERS OF WARRANTIES, EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITY, A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and Leadership Development Worldwide (“LDW,” “we,” “us,” or “our”) and govern your access to and use of the LDW websites (including www.ldw-w.com) (the “Site”), as well as any other media form, media channel, application, mobile website, and online service or program that link to these Terms (collectively, the “Services”). By using or accessing the Services, you accept and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not access or otherwise use the Services.

If you have a separate written agreement with LDW for professional services (e.g., an assessment, coaching, or advisory engagement), that agreement governs the services described in it, and these Terms govern your use of the websites and online services unless otherwise specified. Our Privacy Policy, available at https://www.ldw-w.com/privacy-policy/ describes how we collect and use personal information about you through the Services and is incorporated into these Terms by reference.

By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

These Terms apply to all Users who use the Site in any capacity. This Site is intended for individuals who are at least 13 years old. If you are under the age of 13, please do not access this Site. By using the Services, you represent and warrant that you have the legal capacity to enter into this Agreement.

BY CLICKING “I AGREE” (OR SIMILAR BUTTON) TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU AND/OR BY USING OR ACCESSING THE SITE YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY https://www.ldw-w.com/privacy-policy/, WHICH IS INCORPORATED BY REFERENCE; (2) REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (3) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS, DOWNLOAD, REGISTER, OR USE THE SITE OR ANY OF OUR SERVICES.

Who We Are

Leadership Development Worldwide, LLC provides leadership assessment, coaching, and advisory services. LDW is headquartered in the United States and also operates in international jurisdictions such as the European Union, United Kingdom, Canada, Australia, and India.

Acceptable Use of the Site

You agree that you will not conduct any activities relating to your use or access of the Services that interfere or attempt to interfere with the proper performance of the Services or our intellectual property ownership of the content therein. Such prohibited conduct includes, but is not limited to, the following:

  • Use the Services in a way that violates applicable law or regulation.
  • Attempt to gain unauthorized access to systems or accounts.
  • Introduce malware (including any viruses, trojan horses, worms, logic bombs, keystroke loggers, or other material which is malicious or technically harmful) or interfere with the integrity or performance of the Services.
  • Copy, scrape, or use the Services in a way that infringes LDW’s intellectual property or the rights of others.
  • Interfere with other users’ use of the Site.
  • Copy, modify, create derivative works of, or otherwise use our content to train any third-party algorithm.
  • Use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on our Site, deep-link to any feature or content on our Site, or bypass, circumvent, disable, or otherwise interfere with security-related features.
  • Post or transmit any message which is libelous, defamatory, obscene, false, threatening, or which discloses private or personal matters concerning any person, or that violates any third party’s rights.
  • Post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  • Use the Site in the development, directly or indirectly, or any product, software, or service that offers any functionality substantially similar to, or competitive with, LDW’s software, products, or services.

LDW does not screen content provided by users of the Site. Notwithstanding the foregoing, LDW reserves the right to monitor content on the site and remove content in its sole discretion.

Feedback and Submissions. You agree that submission of any ideas, suggestions, documents, and/or proposals to LDW through the Site, contact forms, or other similar means (“Feedback”) is at your own risk and that LDW has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to LDW a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance, and improvement of our Services.

Online Assessment Participants

In order to access certain portions of the Site, including our online assessments and portals, you may be required to register and create an account or provide certain details.

If you are using an LDW online assessment or portal:

  • You represent and warrant that all information you provide in connection with your account registration, including your name, email address, and any other requested details, is true, accurate, and complete. You agree to promptly update your account upon any changes to such information.
  • You are responsible for maintaining the confidentiality of any login credentials provided to you. You must not disclose your login credentials to any other person or entity. You agree to notify LDW immediately of any unauthorized access to or use of your username or password or any other breach of security.
  • You agree to complete all assessments honestly, providing true and accurate information that reflect your own views, abilities, and experiences.
  • You agree to complete assessments in accordance with the instructions provided.
  • You agree not to use unauthorized assistance, share assessment content, or engage in any conduct that could compromise the integrity of the assessment process. You acknowledge the value of LDW’s assessments depends on authentic responses and that any misrepresentation may invalidate your results.
  • You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Site from one of these countries may result in your access being restricted and/or terminated.

Professional Services Disclaimer

LDW’s services are professional consulting and coaching services intended for leadership and organizational effectiveness. They are not medical, psychiatric, or mental health treatment, and nothing on the Services is intended as medical or legal advice.

Intellectual Property

The Services and all content provided by LDW (including but not limited to text, graphics, images, photographs, audio, video, logos, tools, and materials) (collectively, “Content”) are the property of LDW or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Our logos, pages headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of LDW or its affiliates. All other products, names, and company logos mentioned in the Content are trademarks of their respective owners.

LDW grants you a non-exclusive, non-transferable, limited right to access and use the Services and Content for your personal use only, provided that you comply fully with these Terms. Nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right to use any patent, copyright, trademark, service mark, or other intellectual property of LDW or any third party, except as expressly provided here.

Consent to Collect Technical Data

We may collect technical information and use certain technologies, including pixel technology, to collect and analyze technical data relating to the provision, use, and performance of the Site and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Site, your browser type and version, time zone setting, operating system and platform, unique device identifier, domain server, Internet Service Provider (ISP), the referring web page, access time, cookies, and data about which pages you visit, including full Uniform Resource Locators (URL), clickstream to, through, and from our Site, including date and time. This technical data may also include your unique device identifier, domain server, Internet Service Provider (ISP), the referring web page, access time, cookies, and data about which pages you visit.

By visiting and using the Site, you hereby consent to our collection of this data and agree that we will be free (during and after the term hereof) to (i) use such data to improve and enhance the Site and for other development, diagnostic, and corrective purposes; (ii) disclose such data in aggregated or de-identified form in connection with our business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.

Usage Data

In order for us to provide the Site and Services, you grant to us a non-exclusive, transferable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered into the Site (“Data”) to the extent necessary for LDW to: (1) provide the Site and our Services; (2) perform our obligations under this Agreement; (3) compile analyses and statistical information from Data regarding usage or performance of the Site and user engagement; (4) provide, monitor, correct, enhance, and improve the Site and perform services related thereto; (5) develop new products or services; and (6) accomplish other internal business purposes or as described in our Privacy Policy. LDW shall have the right to collect and analyze data and other information relating to the provision, use, and performance of the Site and related systems and technologies (“Usage Data”), and you acknowledge and agree that LDW has and retains exclusive and valid ownership of all Usage Data. We will be free (during and after the term) to use such Usage Data for any purpose, including to improve and enhance the Site, and to disclose such data in aggregated or de-identified form in connection with our business.

Third-party links

The Services may contain links to third-party websites or services that are not owned or controlled by LDW. We have no control over, and assumed no responsiblity for, the content, policies, or practices of any third-party websites. LDW provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by LDW of the site. If you access any third-party website while using the Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such third-party sites.

Disclaimer of Warranties

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LDW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, TIMELY, SECURE, OR COMPLETELY FREE OF ERRORS OR DEFECTS.

LDW DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL BE SECURE OR COMPATIBLE WITH YOUR BROWSER, DEVICE, OR OTHER SOFTWARE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY CONTENT OBTAINED THROUGH THE SERVICES OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON THE SERVICES, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE SERVICES.

Our Services may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Further, we cannot and do not guarantee or warrant any Content or files available through the Sites are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.

The foregoing does not affect any warranty that cannot be excluded or limited under applicable law. In such instances, the liability of LDW and its affiliates, agents, and licensors is limited to the fullest extent permitted by such law.

Limitation of Liability/Damages

IN NO EVENT WILL LDW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND CLAIMS OF THIRD PARTIES, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, PRODUCT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES..

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS 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 ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND LDW’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless LDW and its successors, affiliates, officers, directors, employees, licensors, suppliers, and agents from and against all claims, liabilities, judgments, awards, damages, losses, obligations, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms; (ii) your violation of any third party’s right, including, without limitation, any copyright, trademark, property right, or privacy right; (iii) any claim that content provided by you caused damage or loss to a third party; or (iv) your violation of any applicable law. This defense and indemnification obligation will survive your use of the Site and Services and any termination of the Privacy Policy and Agreement.

Copyright Notices

If you believe that content you own has been copied or made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (the “DMCA”).

Dispute Resolution; Arbitration

Governing Law. The Services are operated from the United States. All matters relating to the Services, the Content, or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule.

Informal Dispute Resolution. All disputes and controversies of every kind and nature between the parties to this Agreement arising out of or in connection with the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of these Terms shall first be submitted to mediation pursuant to the procedure set forth in this paragraph. You may demand such mediation in writing within fourteen (14) days after the controversy arises. The parties agree that the mediator shall be appointed locally from Atlanta, Georgia. The mediation shall be held in Atlanta, Georgia and concluded within thirty (30) days of the selection of the mediator. The parties shall equally bear the cost of the mediator but otherwise bear their own costs in connection with the mediation.

Arbitration. Subject to the mediation provision above, any controversy or claim arising out of or related to this Agreement, or any breach thereof, must be resolved by confidential binding arbitration in Atlanta, Georgia, administrated by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceeding will be conducted in English. The parties further agree that the arbitration will be conducted by a single arbitrator agreed to by the parties or, if the parties are unable to proceed, by a single arbitrator selected by the AAA. The parties agree that the arbitrator has the power to award all costs of the arbitration, including reasonable attorneys’ fees and expenses, to the prevailing party. The arbitration award shall be final and binding on the parties to this Agreement and the parties agree to be bound thereby and to act accordingly, and the parties hereby waive any right of appeal on the merits and/or any point of law.

Notwithstanding the agreement to arbitrate, either party may seek from any court that may exercise jurisdiction over the parties and the subject matter of the lawsuit any provisional or equitable remedy (including, but not limited to an injunction) available under the laws of that country for the preservation or protection of its rights or interests pending the establishment of the arbitral tribunal or the ultimate determination of the merits of the controversy.

The parties waive, to the fullest extent permitted by law, any objection that it may now or later have to (a) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in a court or arbitration setting within or outside the United States of America; and (b) any claim that any action or proceeding brought in any such court or arbitration has been brought in an inconvenient forum.

If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties are entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Class Action and Jury Trial Waiver. You agree that, to the fullest extent permitted by law, by entering into this agreement, each party is waiving the right to a trial by jury or to participate in a class action lawsuit. All claims must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. This means that you and LDW may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party.

Opt-Out. You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within thirty (30) days of your initial agreement to or acceptance of these Terms. Your written notification must be delivered to LDW at the address set forth in the “Contact Us” section and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.

Messaging Terms (SMS)

If you opt-in to receive text messages from LDW:

  • Message frequency may vary.
  • Messages and data rates apply.
  • You can reply STOP to opt out at any time and HELP for assistance.
  • Your consent to receive messages is not a condition of purchasing services.

LDW respects your right to privacy. View our Privacy Policy at https://www.ldw-w.com/privacy-policy/ for more information.

Notice and Electronic Communications

We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures, or other documents, communications, or information of any type sent or received in accordance with these Terms. Neither you nor LDW will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby.

International Users

As discussed in our Privacy Policy, our Site and the Content are hosted in the United States and are governed by the laws of the United States. By using the Site in any way, you consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America and other locations where LDW, our consultants, or our service providers operate. These countries may not offer the same level of data protection as the laws of your home country.

Please review our Privacy Policy for additional information regarding international data transfers and the safeguards we apply. If you are located in the European Union, United Kingdom, Canada, Australia, or India, your use of the Site constitutes your acknowledgment that your personal data may be transferred to and processed in the United States and other countries where our service providers are located, in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and other applicable privacy frameworks.

General

Assignment. You may not assign or otherwise transfer these Terms or any rights or obligations hereunder without LDW’s prior written consent. Any assignment in violation of this provision is null and void. LDW has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third parties to fulfill its duties and obligations under these Terms.

Entire Agreement; Severability. These Terms, together with the Privacy Policy, any amendments, and any additional agreement you may enter into with LDW in connection with the Services, shall constitute the entire agreement between you and LDW concerning the Services and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and LDW with respect to such subject matter. If any portion of these Terms is deemed unlawful, void, or for any reason unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

Force Majeure. LDW shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.

No Waiver. No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term, and LDW’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Survival. Those provisions outlined herein that normally would survive after you cease using the Services, and all provisions indicating an ongoing obligation, which include but are not limited to the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and General provisions, shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use the Services after the termination of these Terms.

Termination

These Terms are effective unless and until terminated by LDW or you. LDW may, in its sole discretion, terminate your use of the Services or any part thereof if you fail to comply with any term or provision of these Terms or if your use of our Services poses significant risks to LDW, our systems, or other users of our Services. We may also terminate, in whole or in part, at our convenience, and will endeavor to provide thirty (30) days’ notice for any such termination. You may terminate these Terms at any time by discontinuing all use of the Services. Termination or cancellation of these Terms shall not affect any right or relief to which either LDW or you may be entitled at law or in equity. Upon termination, you must cease all use of the Services and destroy all materials, including any Content, obtained using the Services and all copies thereof.

Changes to These Terms

We reserve the right to modify these Terms at any time and in our absolute discretion effective upon posting. You can tell when changes have been made by referring to the Last Updated date at the top of the page. If we make a changes to these Terms that, in our sole discretion, is material, we will notify you as appropriate under the circumstances. We encourage you to check these Terms every time you visit the Site. Your continued use of this Site after any changes to these Terms are posted will be considered acceptance of those changes.

Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:

In Writing: Leadership Development Worldwide, LLC
10 Dorrance Street, Suite 700, Providence, RI 02903

By Phone: (401) 272-2505

By Email: privacy@ldw-w.com