Welcome to Leading Resources Inc.’s website. You are reading these Terms & Conditions of Use (“Terms & Conditions”) because you are using a LRI website, mobile app, social media platform, or accessing one of our products or services, and are receiving access to certain proprietary information, all of which are part of LRI’s program (collectively, the “Products and Services”). Eric Douglas Enterprises, a California sole proprietorship (“EDE”), owns all Straight Talk®, Leadership Culture©, and The Leadership Equation© websites, products, services and other offerings (collectively, “EDE Products and Services”), which comprise a portion of LRI’s Products and Services. LRI’s rights with respect to the EDE Products and Services are subject to a reseller license agreement with EDE.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY LRI PRODUCT, SERVICE, THIS WEBSITE OR ANY OTHER ELEMENT OF THE LRI PROGRAM:
Section 1. Acceptance of Terms and Conditions.
This website is owned and operated by Leading Resources Inc., a California corporation (“LRI”). Use of this website and any other portion of LRI’s Products and Services is conditioned upon each such user’s (each, a “User”) acceptance of all terms and conditions set forth in these Terms & Conditions. If any User chooses to continue using or accessing this website or any other aspect of LRI’s Products and Services after having had an opportunity to read these Terms & Conditions, then by that User’s continued use of such Products and Services, the User evidences that the User recognizes, acknowledges, and agrees that LRI has provided the User with valuable consideration by offering access to this website, to descriptions of any of LRI’s Products and Services, or to LRI’s Products and Services on this website. Each User, by such continued use, also understands and agrees that in exchange for that right, the User has consented to and accepted all Terms & Conditions of Use. The User agrees that he, she or it uses this website and other portions of LRI’s Products and Services at the User’s own risk. If any User does not agree to these Terms & Conditions, that User may not use any element of LRI’s Products and Services, must exit this website and any related Products and Services, and stop using any LRI Products and Services immediately.
No past practice, industry standard, course of dealing, or trade usage shall constitute a modification of any provision of this agreement, nor shall the same add any such provision to this agreement. LRI may send occasional updates to Users that are related to LRI’s Products and Services. Users can opt out for these notices by emailing LRI a request to opt-out or in such other manner as is set forth on the website for the applicable Product or Service. Article headings used in these Terms & Conditions are for convenience only and do not interpret any provision hereof.
Section 2. Reservation of Rights.
LRI reserves the right to terminate or modify these Terms & Conditions and its Products and Services from time to time without notice. Any User who continues to use LRI’s website or any other portion of LRI’s Products and Services after such changes are made, by such continued use, consents to the changed terms and conditions.
Section 3. Intellectual Property Ownership.
The LRI Products and Services contain trademarks, copyrighted information, trade names, service marks, logos, images, graphics, text, and other proprietary content (collectively, “marks”). LRI’s Products and Services contain patented and patent-pending technology as well (together with marks, “IP”). All of the rights to the IP that are not expressly granted to User under these Terms & Conditions are reserved to LRI, EDE, or the third party owner(s) of such rights, as applicable. Users of LRI’s Products and Services, or any portion thereof, recognize and acknowledge that the Users do not own such IP, and understand that Users of this website, of materials provided by LRI, and/or of other aspects of LRI’s Products and Services do not, by such use, acquire any right, title or interest in the marks or other IP. User agrees to preserve the confidentiality of LRI’s intellectual property and other proprietary information. User agrees that User will not modify, reverse engineer, copy, distribute, reproduce, publish, license, create derivative works from, transfer, sell or exploit in any other manner the IP or LRI’s Products and Services ; nor shall User permit any third party subject to User’s control to commit any of the aforementioned acts, and nor shall User participate in any activity that modifies, reverse engineers, copies, distributes, reproduces, publishes, licenses, creates derivative works from, transfers, sells or exploits in any other manner, the IP, LRI products, or any portion of LRI’s Products and Services. Any use of such IP or the LRI Products and Services, or any portion thereof, is prohibited without the express, signed, written authorization of an authorized signatory for LRI authorizing the specific use for which such IP will be employed.
Section 4. Contents and Specifications.
The contents of this website, and all elements of the LRI Products and Services are owned by or licensed to LRI for LRI’s use. User’s use of this website or any other portion of the Products and Services does not constitute LRI’s consent to or grant of any license to use LRI’s website content or the IP. Individual Users of Straight Talk® are granted a limited sublicense hereunder to use, copy, and share their personal Straight Talk® survey results, invite others to take the Straight Talk® survey, and to share the information they learn from the Straight Talk® survey. Each person who desires to take the Straight Talk® survey must access such survey through an authorized distributor of such survey, and consent to these Terms & Conditions or substantially similar terms and conditions of use before such User will be granted access to the survey or any other EDE or LRI Products and Services. In no circumstance do the rights granted to any User under these Terms & Conditions constitute a license to train third parties in the Straight Talk® materials. Such licenses are available only through the Straight Talk® license program. https://lr.fieldsagency.com/store/video-courses/straight-talk-communication-styles-workshop/. LRI makes reasonable efforts to accurately describe the attributes of the Products and Services, however, LRI does not and cannot guarantee the actual impact of its Products and Services on the User or on any other person.
Section 5. Fees and Payment.
LRI or other authorized distributor will invoice each User or User’s credit card or alternate payment method offered by LRI or other authorized distributor for all Products and Services elements sold on the website or other platform. Should legal action be necessary to collect any balances due, User agrees to reimburse LRI for all expenses it incurs in recovering the sums due, including without limitation, attorneys’ fees and other legal expenses. Users are responsible for purchasing and for paying all related charges for Internet access and telecommunications services necessary to access and use any website that sells or facilitates User’s use of LRI Products and Services.
Section 6. Compliance with Laws.
Users are responsible for ascertaining and following all applicable laws, including minimum age requirements, with respect to the use, possession and sale of any LRI Products and Services, whether purchased through this website or elsewhere. Each User agrees that by placing an order with LRI, the User will use all Products and Services ordered in a lawful manner, and in compliance with the use intended therefor by LRI, as described in all information provided with such LRI Products and Services.
Section 7. Disclaimer.
LRI produces and sells leadership programs and services. Certain services provided by LRI contain features intended to promote self-awareness and the awareness of a User’s impact on others who come into contact with the User. And this website or other aspects of the LRI Products and Services may contain images of people learning or in other situations. However, the Products and Services and information provided through this website and in association with the images herein are provided for informational purposes only. They are not intended to be or replace therapy, coaching, or any other counseling services, and are not intended to diagnose or treat any condition. Therefore, LRI is not responsible for any decision that any User makes to participate in or use LRI’s Products and Services or to purchase or use any LRI Product or Service, or for the uses for which any LRI Product or Service is employed by any User, except to the extent any such use might infringe upon LRI’s or any LRI licensor’s intellectual property rights.
Section 8. Warranty Limitation and Disclaimer.
LRI stands by its Products and Services old on this website and elsewhere. LRI hopes that all Users fully benefit from LRI’s Products and Services. Notwithstanding the foregoing, LRI’s website and its content, and all other elements of LRI’s Products and Services are provided to Users AS-IS, WHERE-IS, with all faults to the full extent allowable under applicable law, and LRI does not guaranty any results from the use of the Products and Services. EVERY USER OF LRI’S PROGRAM ASSUMES FULL RESPONSIBILITY FOR SUCH USER’S USE OF THE PROGRAM AND THIS WEBSITE. LRI disclaims all warranties, express or implied, with respect to this website, its content, the IP, anY lri products and services, AND PARTICIPATION IN ANY LRI activity in connection with the lri products and services. this disclaimer includes, but is not limited to, implied warranties of title, merchantability, and fitness for a particular purpose. in no event shall LRI or ede be liable for any special, indirect, incidental, punitive, consequential, or exemplary damages, including any lost profits or lost data, that IN ANY WAY relate to or arise in connection with this website, its content, or LRI’s products and services, regardless of whether either party had or should have had any actual or constructive knowledge that such damages might occur.
LRI expressly disclaims all liability for product defect or failure, claims that are due to normal wear and tear, product misuse, abuse, product modification, infringement, improper product selection, non-compliance with any laws or instructions for use, or misappropriation, except to the extent expressly prohibited by applicable law. .
Section 9. Prohibited Uses of LRI Products and Services
User agrees that User may not send unsolicited email advertisements to any user of this website or of the Products and Services through any means. User agrees not to use any scraper, spider, robot or other automated means of accessing this website for any purpose without LRI’s express, written permission. User will not (a) act in any way that may or does impose an unreasonable or disproportionately large load on LRI’s infrastructure, as determined in LRI’s discretion, or (b) attempt to interfere or interfere with the proper operation of the website or any activities conducted thereon, or (c) bypass any measures LRI employs to restrict or prevent access to its website. . User will not post or send any unlawful, threatening, defamatory, libelous, pornographic, profane or obscene material or any material that could encourage or constitute such conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Any of the prohibited uses of LRI’s website and computer systems listed in this Section violates these Terms & Conditions.
Section 10. Indemnification and Release.
User agrees to indemnify, defend and hold harmless LRI, its officers, directors, affiliates, employees, contractors, agents and partners (collectively “LRI Parties”) from and against all claims, actions, suits, demands, costs and damages, including reasonable attorneys’ fees, asserted by any third party as a result of User’s use of the Products and Services, this website or their content in violation of these Terms & Conditions, or any law, or the rights of any third party. Except to the extent prohibited by applicable law, User, on behalf of User and User’s heirs, estate, insurers, successors and assigns, hereby fully and forever releases and discharges LRI Parties from all claims or causes of action that User may have for damages relating in any manner to User’s use of the Products and Services or any portion thereof, including, without limitation, any LRI product, service or this website. LRI has the right to control any defense provided by User.
Section 11. Force Majeure.
Neither User nor LRI shall be responsible for any damages, delays or failures in performance due to acts or occurrences beyond their reasonable control, including, without limitation: Acts of God, national or state or local emergencies of any sort, vandalism, war, revolution, civil commotion, embargoes, riots, sabotage, strikes, work stoppages or other labor difficulties, supplier failures, unavailability of materials, blockages of rights of way or governmental acts, epidemic or pandemic, storm, earthquake, flood, water, fire, lightning, explosion, or utility failure or power surge; provided that LRI will use commercially reasonable efforts to promptly resolve any such failure or delay in performance to the extent consistent with applicable law and regulatory requirements as appropriate in light of the applicable circumstances.
Section 12. Relationship of the Parties.
Nothing in these Terms & Conditions is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between User and LRI, and neither party shall have the right or authority to act for or on behalf of the other party.
Section 13. Assignment Right, No Waivers, Severability.
LRI may assign its rights and obligations under these Terms & Conditions to any person at any time without notice to any User, unless such notice is legally required; but any such assignment will not affect User’s rights or LRI’s obligations under these Terms & Conditions through the assignment date. LRI shall have no further obligation to Users for LRI acts or omissions that occur after the date on which any such assignment is completed. LRI’s failure to strictly enforce these Terms & Conditions is not a waiver of any of its rights under these Terms & Conditions. Users should assume that these Terms & Conditions apply at all times. User and LRI agree that if any provision of these Terms & Conditions is held to be ineffective, unenforceable or illegal for any reason, that decision shall not affect the validity or enforceability of any other provision of these Terms & Conditions. Notwithstanding anything to the contrary in these Terms & Conditions, the protections for the EDE Products and Services and all rights held by LRI with respect thereto are enforceable by EDE as the owner of the EDE Products and Services.
Section 14. Governing Law.
This Agreement and the conduct of the parties will be governed by and construed in accordance with California state law and applicable federal U.S. law, without regard to choice of law provisions.
Section 15. Jurisdiction, Venue, and Dispute Resolution.
Jurisdiction and Venue. User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the arbitral tribunals and, where arbitratition is not allowed by law, the courts of the State of California and of the United States of America that are located within Sacramento County, California, for any and all claims that arise from or are related in whole or in part to the LRI Products and Services or this website. User waives and agrees to waive in the future all defenses to “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Sacramento County, California, and any arbitral tribunal in Sacramento County, California.
Notice of Claims – 1 Year. User must notify LRI of any claims within one (1) year after the claim arises, except when a longer period is required by applicable law.
Arbitration Requirement. By User’s use of LRI’s website or any portion of the LRI Products and Services, User thereby agrees that any dispute, controversy or claim arising out of or in connection with this Agreement (whether contractually or in tort), and including disputes regarding the validity of this Section 15, shall be settled by arbitration in accordance with the American Arbitration Association Rules, which will be governed by the United States Arbitration Act, or if that organization no longer exists or the parties agree otherwise, then by an organization of similar purpose. The arbitration proceedings shall be held within Sacramento County, California, unless the parties mutually agree otherwise. The arbitration panel shall award the prevailing party compensation for its reasonable attorneys’ fees and costs.
Section 16. Electronic Notice and Communications.
User’s use of this website and/or any portion of the Products and Services constitutes User’s consent to receive certain electronic communications from LRI, subject to applicable law. User hereby agrees that any communications, including notices, agreements, and disclosures, that LRI delivers to User electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.
Section 17. Entire Agreement.
These Terms & Conditions constitute the entire understanding between User and LRI pertaining to the subject matter addressed in these Terms & Conditions, and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.
