These General Terms and Conditions ("Terms"), govern your use of the services, information, tools, resources and content (collectively, the "Services") provided by Presencing Institute, LLC ("Presencing"), including (i) the Presencing Web Sites (the "Sites"), (ii) all content, resources and tools offered at the Sites, (iii) other services provided by Presencing, including Theory U and (iv) any and all educational events, forums, conferences and networking events, whether online or in person. In these Terms, “you” or the “User” refers to any person using the Services.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Presencing in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Presencing will treat your use of the Services as acceptance of the Terms from that point onwards.
By accessing or using the Sites, you agree to be bound by these Terms and by any amendments in effect at the time of your visit. Presencing may amend the Terms at any time by posting the amended Terms on the Sites. They will automatically be effective after they are posted on the Sites. To the extent that you have used the Services prior to any amendment to the Terms, the Terms in effect at the time that you used the relevant Services will continue to be in effect solely with respect to your prior use of those Services. You understand and agree that if you use the Services after the date on which the Terms have changed, Presencing will treat your use as acceptance of the updated Terms.
To take advantage of certain services on the Sites, you must be a registered User. When you register, you agree: a) to supply the information requested in the registration process; and b) to ensure the information you supply is accurate.
All information presented at Presencing events, forums or on the Sites, including all articles, information, text, graphics, images, webcasts, hyperlinks, statements, blogs, listserves, chat, bulletin boards, and other materials either provided by Presencing, or by others, including Community Services (defined below) (the "Content"), is presented as a general service.
Presencing is not responsible for Content posted, presented by or made by any speaker, contributor, or author of information or Content. Statements or opinions expressed reflect the view of the speaker(s), contributor(s) or author(s) and do not necessarily represent official policy of Presencing unless so stated. We classify the Content as “General Content”, meaning articles and general information about Presencing and the awareness-based action research community, and “User Submissions”, as defined below, which are user submissions to forums, and other user submitted content.
You may use General Content made available by Presencing on the Sites, provided that you (1) do not remove any branding elements or proprietary rights notice language in all copies of such documents, and (2) observe all conditions stipulated by the creator of such General Content. You may also distribute the General Content freely provided that (a) all copies of the General Content distributed display a clear attribution notice showing Presencing (and the creator of the General Content, if not Presencing) as the owner and/or source of the General Content, and listing the domain name of the Sites from which you obtained the General Content (i.e. Presencing.com); (b) you do not make any representations or warranties relating to such General Content; (c) you do not remove any proprietary rights notice language in such copies and (d) you indemnify Presencing against any liability arising from use of such General Content.
Users have access to certain services, such as seminars and workshops, that are made available by Users in the on-line or offline community or obtained from vendors or strategic partners ("Third Party Providers"). These services, whether made available through a Third Party Provider or another User of the Sites shall be referred to as "Community Services." Presencing does not endorse nor approve the Community Services, and we make them available to you as a service and convenience. Presencing and our Third Party Providers do not: (1) guarantee the accuracy, timeliness, or completeness of the Community Services; or (2) warrant any results from your use or reliance on the Community Services. Neither Presencing nor the Third Party Providers are obligated to update or to verify the truth and accuracy of any information or opinions presented as part of any Community Services. You agree that neither Presencing nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Community Services.
Your Submissions and Activities
You represent and warrant that you have all the rights necessary to copy, disclose and post anything that you submit to the Sites, and that you have the authority to bind any entity that you represent. You further represent and warrant that all information submitted by you is true and accurate at the time of submission and to the best of your knowledge.
Your contributions to the Sites including, without limitation, questions, comments, suggestions, other written materials, and information including posted e-mail addresses ("User Submissions"), shall be deemed to be public information which means it is non-confidential and Presencing shall have no obligation of any kind with respect to it. By uploading and submitting User Submissions to the Sites, you are granting Presencing and other Users a non-exclusive, royalty-free, perpetual, and worldwide license to use your User Submissions, including, without limitation, the license rights to copy, adapt, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and to incorporate it into a collective work. Presencing will not compensate you for any use of your User Submissions. Presencing may also preserve or disclose any posting: (1) to comply with court order or legal agreement, and (2) to respond to claims that postings violate the rights of third parties. Further, Presencing shall be free to use any ideas, concepts, know-how, or techniques contained in the User Submissions to the Sites for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and other items incorporating these User Submissions. You are responsible for complying with all third party rights with respect to such User Submissions that appear on the Sites and not to download, e-mail or otherwise transmit such User Submissions in violation of third party's rights.
You are expressly prohibited from placing in any message in any User Submissions, or otherwise transmitting through or posting on the Sites (including any e-mail message or any chat board posting) any unlawful, threatening, defamatory, obscene, or otherwise objectionable material of any kind, including without limitation, any material that would give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree and acknowledge that Presencing is not responsible or liable to you or any other party or User of the Sites for any conduct by you or any other party or User of the Sites.
Your Use of the Sites
Without limitation of the other prohibitions in these Terms, you are prohibited from:
- (i) Posting any incomplete, false or inaccurate headers, biographical information, an inaccurate resume, or a resume that is not your own;
- (ii) Otherwise using the Sites in violation of federal law or the applicable state, local or international laws in Presencing’s or your jurisdiction;
- (iii) Using your password for any unauthorized purpose including permitting any third party to use your User Name and Password in lieu of registering on the Sites;
- (iv) Otherwise using the Sites in violation of federal law or the applicable state, local or international laws in Presencing’s or your jurisdiction;
- (v) Aggregating, copying or duplicating in any manner any of the Content, User Submissions, User Names, e-mail addresses available from the Sites unless expressly permitted;
- (vi) Uploading, posting, e-mailing or otherwise transmitting any Content that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; Uploading, posting, e-mailing or otherwise transmitting any Content protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- (vii) Uploading, posting, e-mailing or otherwise transmitting any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication;
- (viii) Using a User's e-mail address for any purpose other than to respond to the User's messages or postings unless consent is obtained from the User directly;
- (ix) Uploading, posting, e-mailing or otherwise transmitting any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment;
- (x) Listing, posting or uploading employment advertisements or listings to the Sites unless you have entered into a separate, written agreement with Presencing allowing you to do so;
- (xi) Attempting to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Presencing server, or to any of the Services offered on or through the Sites, except in accordance with these Terms;
- (xii) Otherwise using the Sites in violation of federal law or the applicable state, local or international laws in Presencing’s or your jurisdiction.
Links to Other Sites
The Sites may contain links to or framed content from other sites, which are provided solely as a convenience to you. Presencing is not responsible for the availability of external sites, framed content or resources linked to the Sites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
Security of Data Transmission and Storage
Electronic communications through the Sites or using the Presencing Services may not be secure. You acknowledge that there is a risk that data, personal information, User Submissions, Community Services, including e-mail, communications and personal data, may be accessed by unauthorized third parties when communicated between you and Presencing or between you and other parties.
Disclaimer of Warranties
The Sites and the Content are provided on an "AS IS" and "AS AVAILABLE" basis. USE OF THE SITES OR THEIR CONTENT AND ANY RELIANCE ON THEM WILL BE AT YOUR OWN RISK. PRESENCING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, IN WRITING OR ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF THE SITES OR OF ANY CONTENT PROVIDED THROUGH THE SITES.
Disclaimer of Liabilities
PRESENCING SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY AS A MATTER OF PRODUCTS LIABILITY, NEGLIGENCE, CONTRACT, TORT OR OTHERWISE, OR FROM ANY USE OF OPERATION OF ANY METHODS, PRODUCTS, INSTRUCTIONS OR IDEAS CONTAINED IN THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT PRESENCING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITES, THE CONTENT OR ANY OF THE OTHER MATERIALS PROVIDED BY PRESENCING OR THIRD PARTIES THROUGH THE SITES, OR ANY DAMAGE OR LOSS CAUSED BY INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE OF THE SITES, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PRESENCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Sole and Exclusive Remedies
Your sole and exclusive remedy, and Presencing’s sole and exclusive liability, for any and all claims arising from Presencing’s supply of the Sites, the Community Services, or any other goods or services to you, including without limitation any goods or services for which you have paid Presencing a fee, shall be as follows: (a) if there is any material defect in any goods or services supplied to you, and you provide Presencing with written notice to Presencing of such defect within thirty (30) days after receipt of such goods or services, at its option, Presencing will repair or replace the goods, or re-supply the services, or refund the price paid by you; and (b) in no event shall Presencing’s liability to you for any goods or services exceed the amount you paid Presencing for such goods or services.
You hereby agree to indemnify, defend and hold Presencing harmless from and against any and all losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by Presencing in connection with any claim or allegation made against Presencing arising from your use of the Sites, Content, or Services.
Intellectual Property Rights in Content
The Sites and Content are protected by copyright as a collective work and/or compilation, and as individual works, as the case may be, pursuant to United States Copyright laws. Except as set forth in these Terms, on the Sites or on any individual article, contribution and/or submission, Content on this Site is made available under a Creative Commons 3 License. Attribution 3.0 Unported (CC BY 3).
You acknowledge that the Content and Community Services may contain information, communications, photos, text, video, graphics, music, sounds, images, and other materials, which are provided by Presencing or by contributors or licensors of Presencing. You agree and acknowledge that the Content, Community Services, and its use or the use of the Sites is protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws.
Digital Millennium Copyright Act Compliance Policy
It is our policy to promptly respond to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512, as amended) (the “DMCA”). If you believe that an infringing copyrighted work is accessible on the Sites, you may notify us by sending the following information to the address listed below:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Sites;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the materials on the Sites of which you are complaining is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification via this form.
We will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we may reinstate the material in question, and we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you contact an attorney before providing a counter-notification.
Presencing, and their related logos are registered trademarks of The Presencing Institute, LLC. Other trademarks are owned by Presencing and/or its affiliated entities or of their respective owners. You agree not to use or display trademarks without the prior written consent of Presencing or the owner of such marks.
Amendments to Services and Termination
Presencing reserves the right to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice. You agree that Presencing, in its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or Content within a Service. Presencing may, in its sole discretion, terminate or suspend your access to all or part of the Sites for any reason, or for no reason whatsoever including, without limitation, for breach of these Terms.
Presencing reserves the right to amend these Terms from time to time. These Terms are governed by the laws of the Commonwealth of Massachusetts without reference to any conflict of law principles. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity of any remaining provisions. In these Terms, the term ‘including’ means ‘including without limitation’.
Except as otherwise expressly provided for in these Terms, these Terms set forth the entire agreement between you and Presencing regarding the subject matter of these Terms, and supersede all prior promises, agreements or representations, whether written or oral regarding such subject matter.
Unless otherwise specified, all Content on this Site is made available under a Creative Commons 3 License. Attribution 3.0 Unported (CC BY 3)