Terms and Conditions of Use

The https://GrowthPotentialCons.com  and https://members.passionateleaderinstitute.com websites (collectively the “Site”) is comprised of various web pages operated Growth Potential Consulting LLC (“GPC”,”us”, “we”, or “our”). Site is offered to you (the “user” or “member”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

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Your use of Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. If you do not agree with these Terms, please do not use our Site.

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Growth Potential Consulting LLC is a leadership succession and development company and  https://members.passionateleaderinstitute.com is a Leadership Education site with live courses and on-demand materials for members (“Service”).

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Privacy

Your use of Site is subject to Growth Potential Consulting’s Privacy Policy. Review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

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Electronic Communications

Visiting Site or sending emails to Growth Potential Consulting LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on Site, satisfy any legal requirement that such communications be in writing.

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Right to Terminate Participation Based on Competitive Business Model

In the event you are a business owner, whether directly owned by you or you engage in services of another, that is currently or plans to offer training, consulting, and/or coaching services reasonably similar in nature to Growth Potential Consulting LLC, such as but not limited to leadership training/workshops, executive coaching, leadership succession, team development, and/or teambuilding, you are required to immediately inform Growth Potential Consulting LLC. Based on Growth Potential Consulting LLC’s assessment of the competitive nature of your business, Growth Potential Consulting LLC maintains the unilateral right to remove you from any course contained in Site.

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Children Under Thirteen

Growth Potential Consulting LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Site only with permission of a parent or guardian.

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Links to Third-Party Sites/Third-Party Services

Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Growth Potential Consulting LLC and Growth Potential Consulting LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Growth Potential Consulting LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Growth Potential Consulting LLC of the site or any association with its operators.

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Certain services made available via Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Growth Potential Consulting LLC may share such information and data with any third party with whom Growth Potential Consulting LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.

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No Unlawful or Prohibited Use/Intellectual Property

You are granted access to Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Growth Potential Consulting LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of Site.

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All content included as part of Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on Site, is the property of Growth Potential Consulting LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Growth Potential Consulting LLC’s content is not for resale. Your use of Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Growth Potential Consulting LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Growth Potential Consulting LLC or our licensors except as expressly authorized by these Terms.

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Non-Solicitation

Users of the Site, and any party affiliated with the user, are strictly prohibited from utilizing any Site information for the purpose to directly or indirectly:

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• Hire, employ or engage the services of any Growth Potential Consulting LLC employee or currently contracted independent contractor while a member of Site or for a period of one (1) year following the completion or termination of the user/member from Site.

• Solicit, entice or induce any active client of Growth Potential Consulting LLC to terminate contracts/relationships with the GPC while a member of Site or for a period of one (1) year following the completion or termination of the user/member from Site.

• Utilize media on Site or any other website associated with the content contained within Site (e.g., Private groups, contact lists, live meetings/events) to solicit, market, sell or contract with any active client of Growth Potential Consulting LLC while a member of Site or for a period of one (1) year following the completion or termination of the user/member from Site.

• Non-Disparagement

• In the event that a dispute arises between Growth Potential Consulting LLC and the user, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage or cast in a negative light the other. This non-disparagement provision shall survive the termination or expiration of this Agreement.

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Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

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By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Growth Potential Consulting LLC has no obligation to monitor the Communication Services. However, Growth Potential Consulting LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Growth Potential Consulting LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Growth Potential Consulting LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Growth Potential Consulting LLC’s sole discretion.

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Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Growth Potential Consulting LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Growth Potential Consulting LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Growth Potential Consulting LLC spokespersons, and their views do not necessarily reflect those of Growth Potential Consulting LLC.

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Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

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Materials Provided to Site or Posted on Any Growth Potential Consulting LLC Web Page

Growth Potential Consulting LLC does not claim ownership of the materials you provide to Site (including feedback and suggestions) or post, upload, input or submit to any Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Growth Potential Consulting LLC permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your feedback Submissions.

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No compensation will be paid with respect to the use of your Submission, as provided herein. Growth Potential Consulting LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Growth Potential Consulting LLC’ sole discretion.

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By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third-Party Accounts

You may be able to connect your account to third party accounts. By connecting your account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

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International Users

The Service is controlled, operated, and administered by Growth Potential Consulting LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Growth Potential Consulting LLC Content accessed through Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

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Indemnification

You agree to indemnify, defend and hold harmless Growth Potential Consulting LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Growth Potential Consulting LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Growth Potential Consulting LLC in asserting any available defenses.

 

Class Action Waiver

Any action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Growth Potential Consulting LLC agree otherwise, any arbitrator/court may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

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Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GROWTH POTENTIAL CONSULTING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

GROWTH POTENTIAL CONSULTING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GROWTH POTENTIAL CONSULTING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROWTH POTENTIAL CONSULTING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GROWTH POTENTIAL CONSULTING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

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Termination/Access Restriction

Growth Potential Consulting LLC reserves the right, in its sole discretion, to terminate your access to Site and the related services or any portion thereof at any time, without notice.

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Growth Potential Consulting LLC is committed to providing all users with a positive experience. By accessing Site, User agrees that Growth Potential Consulting LLC may, at its sole discretion, limit, suspend, or terminate user’s participation if user becomes disruptive or difficult to work with, user fails to follow guidelines, user impairs the instruction of course leaders or participation of other participants in any course. All members will treat each other and all members of Growth Potential Consulting LLC with respect and common courtesy. Removal or suspension under this provision does not terminate the member’s obligation to pay the entire investment outlined in any Agreements.

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To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, Middlesex County and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Growth Potential Consulting LLC as a result of this agreement or use of the Site. Growth Potential Consulting LLC’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Growth Potential Consulting LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Growth Potential Consulting LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Growth Potential Consulting LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Growth Potential Consulting LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

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Changes to Terms

Growth Potential Consulting LLC reserves the right, in its sole discretion, to change the Terms under which Site is offered. The most current version of the Terms will supersede all previous versions. Growth Potential Consulting LLC encourages you to periodically review the Terms to stay informed of our updates. Your accessing of Site constitutes review and acceptance of all terms and conditions contained herein.

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Contact Us

Submit your questions or comments regarding the Terms at ContactUs@GrowthPotentialCons.com.