Last updated: Aug 19, 2020

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IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”) CAREFULLY. BY PURCHASING OR ACCESSING ANY ASSESSMENT, SOFTWARE, COACHING, TRAINING PROGRAMS, MATERIALS, OR ANY OTHER SERVICE OR PRODUCT OFFERED ON ADAPTABILITY.ORG OR TLABS.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THE AGREEMENT.

 

This Agreement constitutes a legal agreement between you and T LABS LLC (“T Labs”) – the operator of Adaptability.org. Its terms and conditions govern your use of all assessments, pieces of software, coaching programs, training modules, live talks and workshops, recorded talks and workshops, videos, and any materials, services or products offered through Adaptability.org or TLabs.com (“Training Program”).

 

1. License Grant. Subject to the terms and conditions of this Agreement, T Labs hereby grants to you a limited, personal, non-transferrable, non-exclusive, non-sublicensable license to access the Training Program solely for your personal, non-commercial use. You may not, nor cause or permit any other person to, reproduce, download, disseminate, disassemble, decompile, reverse engineer, translate, sell, manufacture, sublicense, distribute, transfer, modify, adapt, create derivative works from the Training Program.

 

2. Ownership. T Labs is and remains the exclusive owner of all right, title, and interest (including copyright, patent, trade secret and other proprietary rights) in and to the Training Program. Nothing in this Agreement will be construed as granting you any title or interest in or to the Training Program. You agree not to contest the validity of T Labs’ rights or to perform any act adverse to T Labs’ rights.

 

3. User Information. You will be asked to provide certain information to gain access to the Training Program. You agree that the information you provide is true, accurate and complete and that you will not register under a name of, or attempt to enter or use the Training Program under a name or ID that is not your own. You agree that it is your responsibility to maintain your access to the Training Program and keep the information you provide to us confidential. You agree to immediately notify T Labs if there is any known or suspected unauthorized use of the Training Program.

 

4. Confidentiality. Any information or materials provided by T Labs to you, including, without limitation, the Training Program, will be considered confidential and proprietary information (“Confidential Information”). You agree to protect the Confidential Information from unauthorized use or disclosure and agree not to disclose to any third party such Confidential Information except as expressly permitted under this Agreement. Information will not be considered Confidential Information if it (a) is or becomes publicly known without your fault, breach of contract or negligence, or (b) is lawfully disclosed to you by a third party who is not subject to any duty of confidentiality.

 

5. NO WARRANTY; LIMITATION OF LIABILITY. THE TRAINING PROGRAM IS PROVIDED AND YOU ARE ACCEPTING THE TRAINING PROGRAM “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. T LABS WILL NOT BE RESPONSIBLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR OTHER MONETARY LOSS, ARISING OUT OF USE OF THE TRAINING PROGRAM, PERFORMANCE OF ANY PRODUCTS OR SERVICES SOLD BY ADAPTABILITY.ORG OR FAILURE TO PERFORM OR DUE TO THE FAILURE OR POOR PERFORMANCE UNDER THIS AGREEMENT, WHETHER OR NOT ANY SUCH FAILURES OR CAUSES ARE WITHIN T LABS’S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT OF THE PARTY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES. ANY AND ALL RISKS AS TO THE RESULTS, EFFECTS, QUALITY, AND PERFORMANCE OF THE TRAINING PROGRAM ARE SOLELY ASSUMED AND ACCEPTED BY YOU. IN NO EVENT WILL THE LIABILITY OF T LABS OR ITS AFFILIATES FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE PAID BY YOU OR ON YOUR BEHALF FOR THE TRAINING PROGRAM. YOU ACKNOWLEDGE AND AGREE THAT T LABS HAS SET ITS TRAINING PROGRAM PRICING BASED ON THESE LIMITATIONS AND THAT THEY FORM THE BASIS OF THE BARGAIN BETWEEN YOU AND T LABS.

 

6. Termination. T Labs may terminate your access to and use of the Training Program at any time, with or without cause, and without notice. In addition, this Agreement will automatically terminate if you violate its terms. Upon termination of this Agreement, your limited license to use the Training Program will automatically terminate and you must destroy any copy you have of the Training Program or any of its components. Sections 2-6 of this Agreement will survive the termination or expiration of the Agreement.

 

7. General Provisions. T Labs is not liable for any loss, damage, delay or failure to perform in whole or in part resulting from causes beyond its control, including, but not limited to, acts of God, acts of war or terrorism, civil disorder, industrial disputes of whatever nature, pandemics and other widespread outbreaks of infectious diseases, interruption or curtailment of commercial or public transport, or the issuance of a travel advisory, travel warning, or travel alert by a governmental or internationally-recognized organization (each or in combination a "Force Majeure Event"). This Agreement constitutes the entire agreement between you and T Labs and may be amended by T Labs by providing written notice to you. T Labs may assign this Agreement at its discretion. This Agreement will be governed by and construed in accordance with the laws of California without regard to conflicts of law principles, and the parties submit to the exclusive jurisdiction of the State and Federal courts of Santa Clara County, California.

 

GENERAL RELEASE

 

In consideration of your participation in the Training Program presented by T Labs and its vendors, you hereby generally release T Labs and its agents, representatives, employees, promoters, vendors, contractors, successors, assigns, insurers and affiliated companies for any and all liability whatsoever related to T Labs’ negligence, negligent conduct or omissions, or my participation in this seminar, including the board-break activity. You execute this Release with the express intention of effecting the legal consequences provided by section 1542 of the California Civil Code, that is, the release of all liability associated with the Training Program. You hereby state that you have read and understand the following language of section 1542 of the California Civil Code:

 

“A general Release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of execution of the release, which if known to him or her must have materially affected his or her settlement with the debtor or released party.”

 

Having been so apprised, you hereby elect to and do assume the risk for claims heretofore or hereafter arising, known or unknown, from this Release and from your participation in the Training Program. You acknowledge that you have been given the opportunity to ask questions regarding any aspect of the release contained herein, and by purchasing and/or participating in the Training Program, do acknowledge that you have carefully and completely read and fully understand all aspects of the releases and agree to the terms in their entirety. By participation in or attending the Training Program you, on behalf of yourself and any and all other members of the residence or office watching with you or through your IP address (collectively the “Viewing Party”), expressly agree not to record by audio, video, photography or any other means, any portion of this seminar, nor will the Viewing Party publish, post on the internet or otherwise make publicly available any recording of any portion of the Training Program. The Viewing Party hereby assigns, convey and transfer all right, title and interest including any copyright interest therein, in and to any recordings the Viewing Party might improperly make during the Training Program to T Labs and T Labs shall be the sole and exclusive owner of any such recordings. The Viewing party also understands that all physical, written and/or electronic materials provided by T Labs (whether via streaming, digital download or any other method) in connection with the Training Program are protected by the copyright laws, and the Viewing Party agrees not to use it in any form after the Training Program, other than for the Viewing Party’s personal use.

 

During the Training Program, video images, movies, photographs and audio recordings will be made by T Labs, their agents or authorized independent contractors. As a result of my participation in the Training Program, you and the Viewing Party may be included in any such video, movie, photographic or audio reproduction. Any and all of said reproductions are the exclusive property of T Labs and T Labs is the exclusive copyright owner. You and the Viewing Party shall have no claim, right or interest to any of these recordings or reproductions and my signature hereto grants permission to T Labs to use any of said recordings and reproductions in any responsible manner, including, but not limited to, promotional materials and commercial purposes. Such uses shall include and not be limited to commercial product, television infomercial, audio, CD and/or video tapes, internet and/or wireless transmission. These rights shall belong to T Labs in perpetuity. All video, audio, photographic and written material purchased by or provided to you during the Training Program is protected by the copyright laws of the United States and other countries.

 

By reviewing and agreeing to this document, you acknowledge that if anyone is hurt or property is damaged during your participation in these activities, you may be found by a court of law to have waived your right to maintain a lawsuit against T Labs on the basis of any claims from which you have released them herein. You acknowledge that you have had sufficient opportunity to read this entire document. You have read and understood it, and you agree to be bound by its terms.

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