purposefulIdentity.com Terms of Use

 

Summary

Your use of purposefulIdentity.com website specifies that you agree to comply with these Terms. Every time you use purposefulIdentity.com website you void to confirm your agreement with these Terms.

The content available through purposefulIdentity.com website is the sole property of The KPI Institute Pty. Ltd. (“eabgroup ”), and is protected by copyright, trademark and other intellectual property laws.

Except as otherwise explicitly agreed in writing, The KPI Institute owned content received through the purposefulIdentity.com website may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only, through the means of your home or office computer.

You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or circulate, or in any way disclose the information received through the The KPI Institute website to anyone, without eabgroup 's prior written consent.

All information published on purposefulIdentity.com website should be treated as private and confidential and the publication of such information on the purposefulIdentity.com website does not specify that this information is in the public domain. Such information may not be disclosed without the express written permission of The KPI Institute.

Any reproduction, retransmission, distribution, selling, publishing, broadcasting or circulating of the information received through purposefulIdentity.com website, without explicit written permission of The KPI Institute, will be illegal and prosecuted as such.

Definitions

Services means the provision on purposefulIdentity.com of information related to various aspects of Purposeful Identity , including but not limited to lists of documented Purposeful Identity examples and reports, relevant links, articles and questions & answers on Purposeful Identity or performance management topics.

Sites means purposefulIdentity.com and www.eabgroup.com.au websites and all extensions related to these web domains.

"we" or "our" or "us" means The KPI Institute Pty. Ltd.

"You" (or "Your") means the party seeking to access and use the materials and/or Services pursuant to these Terms.

 

1. DESCRIPTION OF SERVICE AND ACCEPTANCE

purposefulIdentity.com is an online platform and contains a free online catalogue illustrating the use of organizational values, missions, visions, value drivers and identities in practice by organizations from around the world., the sole property of eab group Pty. Ltd. (“The KPI Institute ”). In order for all of our visitors to enjoy purposefulIdentity.com,eab group requires all visitors to agree to the terms and conditions described in these Terms of Use ("Terms of Use" or "Terms"). By visiting purposefulIdentity.com, or using any of the The KPI Institute services on any of the Sites, you are accepting these Terms. Please take a moment to carefully read through these Terms, as they contain important information regarding your legal rights and obligations, with the use of purposefulIdentity.com. If you have any questions or comments about these Terms, please contact us via email at info@smartkpis.com

 

2. CHANGES TO THE TERMS OF USE BY The KPI Institute

The KPI Institute may change these Terms of Use at any time without notice and such change shall be immediately effective upon posting the new Terms on the purposefulIdentity.com website at http://purposefulidentity.com/terms-of-use.html. Any visit to the purposefulIdentity.com site or use of the The KPI Institute Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change.

 

3. ACCESS AND USE OF purposefulIdentity.com

The Content purposefulIdentity.com includes a combination of content developed by our editorial team or that is created and posted by users of the site (the “content”). All of the content on the purposefulIdentity.com site is protected by the copyright of The KPI Institute and other content providers. Materials uploaded to purposefulIdentity.com may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download or upload such materials.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the purposefulIdentity.com site in whole or in part outside of the express usage rights granted to you by each license. If you download or print a copy of any purposefulIdentity.com content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.

Your Responsibilities. You must only use the purposefulIdentity.com services for lawful and authorized purposes only. You are prohibited from using the purposefulIdentity.com services in a way that:

· violates the rights of any third part including such third party’s patents or patentable inventions, trademarks, trade secrets, copyright, publicity or other proprietary or intellectual property rights;

· uses any unauthorized means to access the purposefulIdentity.com Services;

· accesses the purposefulIdentity.com Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the purposefulidentity.com Services);

· attempts, whether successfully or not, to introduce viruses, malware, spyware, trojans or any other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

· attempts to damage, disable, overburden, impair, or gain unauthorized access to the purposefulidentity.com servers, or computer network, the purposefulIdentity.com website itself or user accounts;

· attempts to collect personally identifiable information from purposefulIdentity.com or The KPI Institute;

· involves conduct that is a criminal offence in your country, encourages conduct that would constitute a criminal offence, or that gives rise to civil liability of any kind;

· violates these Terms, guidelines or any policy posted on the purposefulIdentity.com Site; or

· interferes with any other party's quiet use and enjoyment of the purposefulIdentity.com Services.

No Spam/Unsolicited Communications. No one may use the purposefulIdentity.com Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk mail, spam or other unsolicited communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks.

Suspension/Discontinuation. We hope not to, but we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the purposefulIdentity.com Services, at any time without notice. It is important that you understand that The KPI Institute will not be liable to you for any modification, suspension or discontinuance of the purposefulIdentity.com Services.

 

4. COLLECTION AND USE OF PERSONAL INFORMATION

For information about purposefulIdentity.com policies and practices regarding the collection and use of your personally identifiable information, please read purposefulIdentity.com Privacy Policy located at http://purposefulidentity.com /privacy.html. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the purposefulIdentity.com Site and use of the purposefulIdentity.com Services on any of the Sites are governed by the purposefulIdentity.com Privacy Policy in effect at the time of your use.

 

6. VISITOR COMMENTS, REVIEWS AND OTHER MATERIAL

 

Your Posts. As part of the purposefulIdentity.com Services, users may have an opportunity to publish, transmit, submit or otherwise post reviews, comments or other materials.

You must not post information that: (a) is not suitable for, or within the scope of subjects purposefulIdentity.com; or (b) improperly claims the identity of another person. You are not obliged to provide personal information as part of your post and it is your choice as to whether you decide to post personally identifiable information, such as your full name, email address, telephone number or street address.

You agree to pay for all royalties, fees, and other payments owed to any third party as a result of any posts you make. eab group may in its absolute discretion remove any and all parts of your posts without notification to you if advised that it infringes a third person's intellectual property or other rights. You understand that The KPI Institute does not guarantee any confidentiality with respect to any information posted and you should assume that your posts will be available to the public domain.

Third Party Posts. Despite these restrictions, please be aware that some material, contributions or posts provided by users (“User Material”) may be objectionable, unlawful, inaccurate or inappropriate. The KPI Institute does not endorse User Material. User Material that is available on purposefulidentity.com does not reflect the opinions or policies of The KPI Institute. In no event does The KPI Institute assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against The KPI Institute with respect to such User Material. If you are aware of any inappropriate User Material please notify us by using the “report post” button or contacting us at http://purposefulidentity.com /contact.html (subject line: "Inappropriate User Material").

 

6. LINKED WEBSITES AND ADVERTISING

Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that The KPI Institute operates, controls, supports, endorses or is otherwise connected with these websites. When you click on a link within the purposefulIdentity.com Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You cannot rely on these Terms for your use of any other website.

By using the purposefulIdentity.com Services, you acknowledge and agree that The KPI Institute is not responsible or liable to you for any content or other materials hosted and served from any third party website or your use of any other website, even if hyperlinked from purposefulIdentity.com.

Advertisements. eab groupis not liable for advertisements or any third party material Posted on any of the Sites, or for the products or services provided by such advertisers. You agree to waive any legal or equitable rights or remedies you may have against The KPI Institute with respect to such advertisers, products or services.

 

7. TRADEMARKS

purposefulIdentity.com, http://purposefulidentity.com and other purposefulIdentity.com marks, graphics, logos, scripts, and sounds are trademarks of The KPI Institute . None of the purposefulIdentity.com trademarks or branding may be copied, downloaded or otherwise exploited without The KPI Institute ’s prior written consent.

 

8. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION

You agree that use of the purposefulIdentity.com Services is done at your own risk. The purposefulIdentity.com Services, including the purposefulIdentity.com site and the other Sites, the content, user material and any other materials and information contained on or provided through the sites, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, The KPI Institute does not make any warranties of fitness for a particular purpose, or that the purposefulIdentity.com services will be uninterrupted, free of viruses or other harmful components, accurate, error free or reliable.

In no event shall The KPI Institute , their respective affiliates, licensors, officers, directors, employees or agents (collectively “The KPI Institute parties”) be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, income or savings arising out of, or in any way related to the use of the purposefulIdentity.com Services (including any information, products or services advertised in, obtained on or provided through the sites), whether based in contract, tort, strict liability or other theory, even if the The KPI Institute parties have been advised of the possibility of damages. Certain laws in your state/country do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you but only to the extent prohibited by your country’s or state’s laws.

You agree to defend, indemnify and hold harmless The KPI Institute parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney's fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Terms and your use of the purposefulIdentity.com Services.

 

9. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material or other information provided through the purposefulIdentity.com Services, including through a link, infringes your copyright or other intellectual property rights, you should notify The KPI Institute of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement which The KPI Institute receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to The KPI Institute . You may also contact us by mail at:

The KPI Institute Pty. Ltd.

Life.lab Building

Suite 606, 198 Harbour Esplanade

Melbourne Docklands, Victoria - 3008

Australia

T: +61 3 9670 2979

F: +61 3 8677 6519

To be effective, the notification must be in writing and contain the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant intellectual property right;

(b) a description of the work or intellectual property right that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on purposefulIdentity.com that is reasonably sufficient to enable The KPI Institute to identify and locate the material;

(d) how The KPI Institute can contact you, such as your address, telephone number, and email address;

(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

11. GENERAL INFORMATION

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the purposefulIdentity.com Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law. This Agreement shall be governed by the laws of the State of Victoria in Australia, without regard to conflicts of laws rules that would cause the application of the law of another jurisdiction.

No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know via email at info@smartkpis.com (subject line: "TOU Violation"). The KPI Institute 's response in one situation cannot be relied upon as any indication of what The KPI Institute might do with respect to a different party or a different situation at a different time. In addition, a waiver of any provision of these Terms of Use with respect to any user cannot be relied upon as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. The KPI Institute ’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

Integration, Amendment, and Severability. These Terms constitute the entire legal agreement between you and eab group and governs your use of the purposefulIdentity.com Services (but excluding any services, if any, that The KPI Institute may provide to you under a separate written agreement), and completely replaces any prior agreements between you and The KPI Institute in relation to the purposefulIdentity.com Services. It may not be amended or varied by you except in a writing signed by eabgroup . Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if The KPI Institute acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. These Terms operate to the fullest extent permissible by law.

If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions of these Terms.

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