Terms of Service

Terms of Use
Thank you for visiting our website(s) (the “Site”), which are owned and provided by Visible Progress LLC, (“we” or “us”). Your use and access of the Site(s) and the services offered through the Site(s) is governed by and subject to the following terms and conditions (the “Terms”). If you do not agree to these Terms, or if you do not agree with our Privacy Policy https://visible-progress.com/terms-and-conditions/, which is incorporated herein by reference, please do not use the Site or any services offered through the Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS SITE AND THE SERVICES AND CONTENT AVAILABLE THEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.

Services Provided
Visible Progress provides content and workshops for creating and managing a robust strategic planning, branding and marketing strategy for businesses of all kinds (“Services”). Services include the Market Beating Strategy Workshop and the P5 Marketing Workshop as interactive experiences designed to help you (in-person or online), clarify and build your strategy and execution of it, clarify your branding identity and make marketing and web site messages simple, clear, and actionable.

Access to certain portions of the Site are restricted to registered users of our Services. As part of our registration process, you must provide us with certain information. We need this information so that we can verify your identity, and make all of the Services you purchased through the Site available to you online or delivered to you. Additionally, you must provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email, and/or street address, and other personally identifiable information (“Personal Information”), which will be maintained and used by us as permitted by these Terms and the Privacy Policy.

Registration and Security
You agree, represent, warrant, and guarantee that all Personal Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you login, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the Services or access Content (defined below) on public computers. We also recommend that you do not store your password through your web browser or other software.
You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Personal Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for products and/or Services, including, without limitation, Content provided by us.
You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site(s) and/or through your account/profile (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified, all Fees will be quoted and charged in U.S. dollars. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.

Information Provided by You and Privacy
By creating an account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Limitations on Use
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services and Content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:

(a) upload, post, email or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
(b) upload, post, email or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
(c) upload, post, email or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
(d) use the Services or the Site to collect or store personal data about other users without their express permission;
(e) knowingly include or use any false or inaccurate information in any profile;
(f) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;
(g) circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any Content;
(h) attempt to probe, scan, or test the vulnerability of any DM Words system or network or breach or impair or circumvent any security or authentication measures protecting the Services, Content, and the Site;
(i) use the Services, Site, or Content in any way that competes with us; or
(j) encourage or instruct any other person or entity to do any of the foregoing.

CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE(S), MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination, Modification, and Survival
We are continually evolving and innovating the Services, Content, and the Site. We may change the Services, the Site, the Content (defined below) we offer, and the products or services you may access at any time. We may discontinue offering the Services or the Site and we may suspend or terminate your right to use the Services or the Site at any time, in the event that you breach these Terms, for any reason, in our sole discretion, and without prior notice to you. After such termination, we will have no further obligation to you or to provide the Services, except to the extent we have otherwise agreed in writing.
Upon termination of your right to use the Services or the Site or our termination of the Services or the Site, all licenses and other rights granted to you by these Terms will immediately terminate.
You may terminate your account at any time and for any reason by sending us written notice requesting termination of your account. Any cancellation request will be handled within 30 days after we have received your request. No suspension, termination, or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension, termination, or cancellation.

Intellectual Property
The Services, the Site, and all information and/or content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are protected by U.S. and international copyright, trademark, and other laws. You will not acquire any intellectual property rights in the Services, the Site, or our Content by your use of the Services or the Site. When you use our Services or the Site, you may access intellectual property rights that we, our licensors, or third parties own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by us solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without our express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Unless otherwise expressly agreed in writing by us, the Services and Content are only permitted to be used within the United States of America.
For example, by participating in the Market Beating Strategy Workshop, you have the opportunity to apply what you learn, and have access to, from the Visible Progress Site to any entity with which you are currently associated or later join. After your Market Beating Strategy Workshop experience, you may lead group discussions within your own place of employment, drawing upon your own work within the Market Beating Strategy Workshop. As set forth above, however, you may not reproduce, prepare derivative works, distribute copies, perform, display, record, scan, post, or distribute the materials associated with the Market Beating Strategy Portfolio or other Content provided by Visible Progress.

Third Party Links and Resources
We may make available, on the Site and as part of the Services, links to third party websites or resources from third parties on the Site. We are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third party links or resources on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide. Unless otherwise stated, we do not endorse and are not responsible for any of the content, products, or services provided by others.

YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

Disclaimer of Representations and Warranties
Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

IN ADDITION, WE DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT, THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Indemnification
You will indemnify, defend, and hold harmless us, our affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
(a) your access to or use of the Services, the Site, or the Content;
(b) your violation of any of the provisions of these Terms;
(c) any activity related to your account by you or any other person accessing the Site or Services through your account, including, without limitation, negligent or wrongful conduct; or
(d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation of Liability
IN NO EVENT WILL WE OR ANY AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE, THE CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS A REFUND OF THE AMOUNT PAID TO VISIBLE PROGRESS FOR SERVICES AND/OR CONTENT.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT, THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Waiver of Jury Trial and Class Action
THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT, OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION, OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT, OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Errors and Inaccuracies
The information on the Site, including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. We do not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected.

Entire Agreement
These Terms constitute the entire agreement between you and us relating to our Services, the Site, and the Content, replacing any prior agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the Site, or the Content. If there is any conflict between these Terms and a separate signed written agreement between you and us relating to our Services, the Site, or the Content, the signed written agreement will control.
Third Party Beneficiaries
Our contractors and affiliates may be entitled to enforce these Terms as third party beneficiaries.

Waiver
The failure by us to enforce any provision of these Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of these Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond.

Governing Law, Jurisdiction and Venue
THESE TERMS AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, EXCLUDING ITS CHOICE OF LAWS RULES. YOU IRREVOCABLY AGREE THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE FEDERAL AND STATE COURTS LOCATED IN DELAWARE COUNTY, WESTERVILLE, OH. YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AGREE THAT WE MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

Miscellaneous
These Terms are expressly made subject to any laws, regulations, orders or other restrictions on the export of data from the United States of America. You shall comply with such laws, regulations, orders or other restrictions, including but not limited to the Export Administration Regulations promulgated under the Export Administration Act of 1979, and the International Traffic in Arms Regulations administered by the US Department of State. You agree that these Terms will not be construed against Visible Progress by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Modification of Terms
We reserve the right to change these Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to the Site. Your continued use of our Services, or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.

Contact Us
We encourage you to contact us at CONTACT [at] VISIBLE-PROGRESS [dot] COM if you have any questions concerning these Terms. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
Last Revised: September 2017

Privacy Policy
VISIBLE PROGRESS LLC (“us,” “we,” or “our”) operates this website, http://visible-progress.com, http:// timscholten.com and https://focus5.io (the “Site(s)”). Your privacy is important to us. This Privacy Policy is applicable to you upon your access and use of the Site, and informs you of our policies regarding the collection, use, protection, and disclosure of information we receive from users of the Site.
Please read the Privacy Policy carefully. By accessing and/or using the Site, you accept and agree to be bound and abide by this Privacy Policy. If you do not agree to the Privacy Policy, please do not access or use the Site. We may modify this Privacy Policy from time to time, and if we make material changes to it, we will notify you as appropriate. Continuing to use the Site after we publish or communicate a notice about any changes to this Privacy Policy constitutes binding acceptance of those changes. By accessing and/or using the Site, You accept and agree to be bound by this Privacy Policy and our “Terms of Use,” found at https://visible-progress/terms-and-conditions/, which are hereby incorporated by reference.

How We Collect Personal Information
We employ commercially reasonable measures to protect your privacy while visiting our Site, endeavoring to provide a useful and productive experience. This Privacy Policy applies to information we collect between you and the Site(s).

We collect several types of information from and about users of our Site. While you can use many features of the Site(s) anonymously, you may be required to provide Personal Information to gain access to some of our content or services. Personal Information may include, but is not limited to, your name, email address, mailing address, and phone number. For example, we may ask you to provide us with Personal Information that can be used to contact or identify you, including information that you provide by filling in forms on our Site. This includes information provided to use or receive information about services and offerings from Visible Progress LLC. For example, when you fill out the “Register Now” form or “Contact” form,” you consent to release any Personal Information provided and/or data to us. Likewise, by submitting your Personal Information through the Site, you are consenting to receive e-mail or other applicable information from us.

How We Use your Personal Information
We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:
• To present our Site and its contents to you.
• To provide you with information or services that you request from us, such as sending you certain information about Visible Progress services and offerings.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.

Collection and Use of Anonymous Information
We may also collect automatic, anonymous information such as browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information does not identify you, but is statistical data used for analytical purposes and helps us provide more relevant services to users. For example, we may use this information to administer and troubleshoot issues directly related to the Site, such as Site administration or to analyze certain trends in Site usage.

Cookies
The technology we use to obtain this information includes the use of cookies. Cookies are small files placed on the hard drive of your computer to identify you when you visit a website. You may refuse to accept cookies by activating the appropriate setting on your browser. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies when you direct your browser to our Site. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction, in order to better understand our customers and their needs.

Tracking Pixels
We may also collect anonymous information through the use of tracking pixels. A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a webpage and, in combination with a cookie, allows for the collection of information regarding the use of the webpage that contains the tracking pixel. We use tracking pixels to tell when you have clicked on certain website features or otherwise interacted with those features, and use that information to learn about visitor use. In some cases, we use third-party service providers to help us collect and analyze this anonymous information.

How We Protect Information
We have taken commercially reasonable precautions to protect the data and information under our control from misuse, loss, or alteration. Our security measures include industry standard technology and equipment to help protect your data. Unfortunately, considering the open nature of the internet, no system can ensure complete security and you should take steps to protect your information and transmissions to the Site.

We retain the Personal Information you provide while your account is in existence or as needed to provide you services. We may retain your Personal Information if retention is reasonably necessary to comply with our legal obligations, meet applicable regulatory requirements, or enforce this Privacy Policy. We may retain Personal Information, for a limited period of time, if requested by law enforcement.

Opting Out
If at any time after registering for information, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request to CONTACT [at] VISIBLE_PROGRESS [dot] COM.

Compliance with Legal Process
Please be aware that we will release specific Personal Information about you if required to do so in order to comply with applicable law or any valid legal process such as a search warrant, subpoena, statute, or court order. We may also choose to establish or exercise our legal rights or defend against legal claims.

Users in California
We do not share your Personal Information with third parties for direct marketing. California Civil Code Section 1798.83 permits users of the Site who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Information with third parties for their direct marketing purposes.

Policy Updates
We may choose to change this Privacy Policy at any time in our sole discretion. Any updates to our Privacy Policy will be posted on this page, so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Continued use of the Site following our posting of the change notice will constitute binding acceptance of those changes.

Contact Us
If you have any questions about this Privacy Policy, please contact us at CONTACT [at] VISIBLE-PROGRESS [dot] COM.