Terms and Conditions

Welcome to this Action To Excellence, Inc. website.  Action To Excellence, Inc. is a Vermont Corporation.
The following Terms and Conditions of Use and Privacy Policy fully apply to this website.

TERMS AND CONDITIONS OF USE
The following terms and conditions govern your use of this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Action To Excellence, Inc.  PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE.  BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE, CLICK THE CANCEL BUTTON TO DECLINE THIS AGREEMENT, AND DISCONTINUE USING THE SITE.

Ownership Of This Website
This website is operated by Action To Excellence, Inc.  All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, video, illustrations and software ("Content"), is owned by Action To Excellence, Inc.

All elements of this website, including, but not limited to, the general design and the Content, are protected by one or more trade dress, copyright, moral rights, and trademark laws (relating to intellectual property rights).  Except as explicitly permitted under this or another agreement with Action To Excellence, Inc., no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of Action To Excellence, Inc. unless otherwise expressly agreed.  You shall indemnify Action To Excellence, Inc., its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights.

"Gain The Edge," "Leading From Within," "Leading My Department," and "GuidePost BenchMarking" are trademarks of Action To Excellence, Inc.

PRIVACY POLICY
The following privacy policy applies to your use of this site.

Action To Excellence, Inc. fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website.

In order to provide service to certain customers of Action To Excellence, we may require you to provide certain information to us.  Common items may include, but are not limited to, your name, address, phone number, e-mail address, and survey number.

By providing this information to Action To Excellence, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to Action To Excellence, various worldwide offices, subsidiaries, and affiliates.  Because of the nature of the internet, such data may pass through any country.

Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND PARTNERS IN LEADERSHIP, LLC.  EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither Action To Excellence nor its principles, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Action To Excellence, Inc. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages.  Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of Vermont, USA without regard to Vermont's choice of law principles.  In the event that any actions are necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, whether or not any suit is filed.  Notwithstanding the foregoing, however, Action To Excellence shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Action To Excellence, Inc, such action is necessary or desirable.

No action of Action To Excellence, Inc., other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy.  Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices and information featured on this website without notice.  These conditions set out the entire agreement between Action To Excellence, Inc., and you relating to your use of this website.