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XPC - Execution Premium Community

Terms of Use

General

These are the terms of use for the Execution Premium Community (XPC) web site ("our Site" or "the Site") hosted by Palladium Group, Inc. ("Palladium," "we" or "us") . This Agreement (this "Agreement") provides the terms and conditions governing your access to and use of the Site. Please read this Agreement carefully, because by clicking the "I ACCEPT" button in connection with your online registration as a user of this Site, you agree to be legally bound by and comply with this Agreement. If you do not agree to comply with this Agreement, you are not authorized to use our Site. Areas of the Site may have different terms of use posted. If there is a conflict between these Terms of Use and the terms of use posted for the specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.


We posted this Agreement on our Site on June 1, 2009. We may amend this Agreement at any time, but if we do so, we will post the amended Agreement on the Site or notify you via email or postal mail. Please check the Terms of Use and Privacy Policy posted on the Site regularly for amendments. If you are a paid subscriber who has paid an access fee and do not agree with an amendment to this Agreement that becomes effective during your subscription period, you may cancel your subscription and your authorization to access the applicable "paid-user only" areas of the Site. In any event, your continued use of our Site after we have posted an amended Agreement (other than accessing the Site solely to ascertain whether this Agreement has been amended and to review any such amendment) indicates that you agree to the amended Agreement.


If you fail to follow any rules on our Site, whether listed in this Agreement or at other areas on our Site, we may terminate your access, without notice, to the Site or to chat rooms, forums, bulletin boards and any other "paid-user only", "registered-user" only, publicly accessible, or free areas of our Site and may pursue other remedies available to us.


Disclaimers

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. PALLADIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PALLADIUM MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.


ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. PALLADIUM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.


PALLADIUM RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE OR LIABILITY.


Privacy Policy

Palladium is concerned about your privacy and has developed a policy to address privacy concerns. Please review our Privacy Policy, which is a part of this Agreement and describes how we handle any personally identifying information about our users.


Copyright, Ownership, License and Use

All material on our Site is protected by United States and international copyright law and, as between you and Palladium, is owned by Palladium. You agree to abide by all copyright notices and restrictions contained on our Site.


You may not copy, reproduce, distribute (in any form including over any local area or other network or service), display, perform, create derivative works from, sell, license, extract for use in a database, reverse engineer, disassemble, decompile, attempt to discover any source code with respect to, or otherwise use, any materials (including computer programs and other code) on our Site ("Site Material") in whole or in part. Notwithstanding the foregoing, if you are a paid subscriber or registered user paying to access a portion of our Site, you may, to the extent stated and permitted on the Site, download or receive by email from us a link to Site Material in the form of one machine readable copy, and you are hereby granted a non-exclusive, non-transferrable, revocable, limited license, without the right to sublicense, to use such Site Material solely for your internal business purposes. This license shall automatically terminate in its entirety, and you shall immediately cease use of the Site Material and destroy or, at our request, return to us, all Site Material (including paper or electronic copies thereof), in the event that you remove any trademark, copyright or other notice displayed on the Site Material, you otherwise fail to comply with this Agreement or any restrictions or requirements contained in the Site Material, you use any Site Material in a manner directly or indirectly competitive with Palladium or otherwise directly or indirectly compete with Palladium, or you directly or indirectly hire as an employee or independent contractor, or solicit for employment or service as an independent contractor, any person employed by Palladium or any of its affiliated companies at any time during the six-month period prior to such hiring or solicitation.


Palladium reserves all rights not expressly granted to you pursuant to this Agreement.


If you believe any Site Material infringes your copyright, you should notify us at xpccommunity@thepalladiumgroup.com.


Trademarks

The names and logos listed below and other logos, indicia, trademarks and service marks on our Site are trademarks of, or otherwise owned by, Palladium Group, Inc. in the United States and other countries ("Our Trademarks").


Achieving the Execution Premium
Balanced Scorecard Collaborative
Balanced Scorecard (BSC) Hall of Fame Profiles
Balanced Scorecard (BSC) Online
Balanced Scorecard Collaborative (BSCOL)
Executing Strategy
Executive Strategy Manager
Execution Premium (XP)
Execution Premium Assessment (XPA)
Execution Premium Community (XPC)
Execution Premium Index (XPI)
Execution Premium Process (XPP)
Executive Strategy Manager (ESM)
Hall of Fame
Hall of Fame for Executing Strategy
Kaplan & Norton
Kaplan & Norton Balanced Scorecard Certified
Managing Tomorrow’s Performance Today
Pace
Palladium Balanced Scorecard Hall of Fame for Executing Strategy
Palladium Executive Strategy Manager
Palladium Group, Inc.
Strategy Maps
the "Palladium logo"
The Execution Premium

You may not use Our Trademarks in connection with any product or service that does not belong to us nor in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, nor in any manner that disparages or discredits us.


Limitation of Liability

IN NO EVENT SHALL PALLADIUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR OTHER DAMAGES, INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF PALLADIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM (E.G., CONTRACT, TORT OR OTHERWISE) OF ANY LEGAL OR EQUITABLE ACTION. TO THE EXTENT THAT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, PALLADIUM’S LIABILITY FOR DAMAGES SHALL NOT EXCEED THE GREATER OF (A) US$ 100 OR (B) ONE-QUARTER OF THE AMOUNT OF FEES PAID BY YOU TO US WITH RESPECT TO THE MATTER GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnity

You agree to defend, indemnify and hold harmless Palladium, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site (other than to the extent attributable to Palladium’s willful misconduct) or a breach of this Agreement by you. In connection with any actual or threatened claim by a third party against us to which we are entitled to indemnification hereunder, (a) you agree to cooperate as fully as reasonably requested by us, and (b) we reserve the right to control the defense thereof.


Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. We have no control over these other sites or their content. You agree that Palladium is not responsible for the availability of, or content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. Except for information, products or services clearly identified as being supplied by Palladium, we do not in any way review, operate, or control any material, information, products or services on other sites. Because we are not responsible for the availability of these outside resources or their content, you should direct any concerns regarding any other site to the administrator or webmaster of that site.


You further agree that Palladium is not responsible for and does not endorse third party content on or accessible through the Site, including opinions, advice, statements and advertisements, and you agree that you bear all risks associated with the use of such content. If you choose to obtain any products or services from a third party, your relationship is directly with the third party. You agree that Palladium is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with the third party, including delivery of products or services and warranty obligations related to any products or services. You agree that Palladium is not responsible for any loss or damage of any type that you may incur from dealing with any third party.


Links, Frames and Metatags

Except as otherwise determined by us, you may link to the public pages of our Site, as long as the link does not cast us in a false or misleading light, and as long as it is readily apparent that our Site is separate and distinct from the Web site containing the link. You may not link to the other pages of our Site. You may not frame the content of our Site. You may not use metatags or any other "hidden text" that incorporates Our Trademarks or our name without our express written consent.


Chat Rooms, Forums and Bulletin Boards

Our Site includes chat rooms, forums and bulletin boards (collectively "Communities") that allow you to communicate with us and other users. We do not control the messages, information or files delivered to these Communities. Messages distributed through the Communities on our Site represent the views of our visitors and not those of Palladium.


You should be aware that messages you post to our Site are not private or confidential. By submitting any message, file, data or other communication to the Site, you are consenting to its display, in connection with your screen name, on the Site. You grant us irrevocably the unrestricted, worldwide, royalty-free, perpetual right, with the right to transfer or sublicense the right, to use, copy, reproduce, create derivative works from, publish, display, perform, sell, extract for use in a database, modify, translate, transmit, or distribute any message, file, data or other communication, in whole or in part, in any form now known or later developed, that you post on the Communities or elsewhere on the Site.


You agree not to:

  • upload, post, display, distribute or otherwise publish on the Communities any material that: is libelous, obscene, pornographic, harassing or abusive; infringes any copyright, trademark, or other proprietary right; violates any right of publicity or privacy; or is otherwise illegal;
  • impersonate any other person or entity while using our Site;
  • upload any information, files, code or other materials that contain viruses or that could disrupt or damage our Site, software, hardware or equipment or that of any user;
  • collect or use information about other users for any purpose;
  • threaten or abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive, meaningless, or off-topic messages;
  • use language that discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, or the like; or
  • use the Site for advertising or marketing purposes, including through the use of "spam."

Users should also comply with the following guidelines:

  • Use your best judgment in what you are posting and be sure not to release any confidential information.
  • Company logos and trademarks are not to be used without documented permission from the company and must be properly cited in all cases.
  • The privacy of all employees must be respected at all times. This also applies to clients, customers, and competitors past and present, as well as potential.
  • Do not speak on behalf of your company without permission.
  • If you choose to make a statement about your company, make your manager aware of this before posting.
  • Avoid plagiarism at all costs. Make sure to use proper documentation for all quotes to avoid legal and ethical consequences.
  • Be vigilant of the content of your writing, as you will be legally responsible for it.
  • Be sure to express your opinions in a professional manner.
  • Respect the boundaries of your fellow community members and do not release any personal information about them without first asking their permission.
  • Peer review before posting is highly encouraged as it may prevent possible spelling and grammar mistakes. This also acts as a second opinion as to what information should not be posted.
  • If you are making an opinionated statement that reflects solely your own views, be sure to disclose that information so as to avoid confusion.

While we do not monitor all material posted on our Communities, we have the right, but not the obligation, to remove any content that in our judgment does not comply with this Agreement or is otherwise objectionable, inaccurate, infringing, or inappropriate for the Site and to verify the identity of users.


Please report any abuse of the Site to us at xpccommunity@thepalladiumgroup.com.


Registration and Security

As part of the registration process, you will receive a password and user name. You will also need to provide us with certain registration information. You represent and warrant to us that all registration information is accurate, complete, and not misleading, and you agree to keep your registration information updated. You will be responsible for maintaining the secrecy and security of your password. You shall not allow any other person to use your password or to access the Site using your account. You shall notify us immediately at xpccommunity@thepalladiumgroup.com if you know or suspect unauthorized use of your account, any breach of security, including loss, theft, or disclosure of your password, or a user using false information on the Site or in registration concerning his or her name, company name, or other identifying information. You are responsible for all usage or activity on your account. You are responsible for the payment of all applicable sales, use and similar taxes relating to your account. If you use the Site as an employee, agent or other representative of a company or entity, you and such company or entity shall be jointly and severally liable and responsible for any breach of this Agreement.


Termination

We reserve the right to cease or suspend operation of the Site, or to terminate your access to all or any portion of the Site, at any time without notice for any reason, including for your violation of any of the Agreement provisions. If you are a subscriber who has paid the access fee and, during your subscription period, (1) we cease operation of the Site, (2) you cancel your subscription as a result of an amendment to this Agreement, or (3) we terminate your access to the Site other than due to a breach of this Agreement by you, you will be entitled to a pro rata refund based on the number of days remaining in your pre-paid subscription period. If we terminate your access or cancel your subscription due to a breach of this Agreement by you, you will not be entitled to a refund. Except as specified above, you will not be entitled to a refund for any reason, including without limitation in the event of any temporary unavailability or suspension of operation of the Site, whether due to technical problems, maintenance, or otherwise. This Agreement shall survive any termination or suspension of our operation of the Site, of your access to all or any portion of the Site, or of any license granted to you in this Agreement.


Governing Law

This Agreement and any claim or dispute relating to it or the Site shall be governed by the internal laws of the Commonwealth of Massachusetts without regard to its conflict of law principles.


Forum Selection

Any action, suit or other legal proceeding arising under or relating to this Agreement or the Site shall be commenced only in a court located in the Commonwealth of Massachusetts (including, if appropriate, a federal court located in Massachusetts), and you and Palladium each hereby consents to the jurisdiction of such a court.


Integration

This Agreement constitutes the entire agreement between you and Palladium with respect to the subject matter hereof, superseding all previous agreements, understandings, communications and negotiations, whether written or oral, with respect to the subject matter hereof. Except as otherwise provided in this Agreement, no modification or waiver of, or consent under, this Agreement shall be binding unless it is in writing and signed by you and Palladium.


Severability

If any provision of this Agreement is held to be unenforceable, such provision and all other provisions shall nevertheless continue in full force and effect to the fullest extent permitted by law.


Headings

The section headings contained in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.


Assignment

Palladium may assign or transfer its rights or obligations under this Agreement. Neither this Agreement nor any rights or obligations hereunder may be assigned or transferred by you, whether by agreement, operation of law, or otherwise, without the prior written consent of Palladium. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of you and Palladium.



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