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LEAN BUSINESS CLUB
THE END-USER LICENSE AGREEEMENT
Please Read The End-User License Agreement Outlined Below. |
NOTICE TO ALL USERS:
PLEASE READ THIS LEGAL AND BINDING CONTRACT CAREFULLY. BY USING ANY PART OF THE LEAN BUSINESS 2100 MANAGEMENT PROGRAM ONLINE AND BY PLACING YOUR SUBSCRIPTION OR PURCHASE ORDER FOR ANY OF THE SOFTWARE PRODUCTS OFFERED BY LEAN BUSINESS CLUB, INC. YOU HEREBY CERTIFY THAT YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) HAVE READ AND ACCEPTED ALL PROVISIONS OF THIS END-USER LICENSE AGREEMENT.
WE OFFER APPROXIMATELY 25 PERCENT OF THE LEAN BUSINESS 2100 MANAGEMENT PROGRAM (HEREINAFTER: "THE ENTIRE PROGRAM") COMPLETELY FREE OF CHARGE FOR YOUR UNLIMITED USE TO ENABLE YOU TO MAKE AN INFORMED DECISION PRIOR TO PURCHASING A MONTHLY OR ANNUAL SUBSCRIPTION OF THE ENTIRE PROGRAM, BASED ON YOUR MANAGEMENT LEVEL (LEVEL 1 - LEVEL 10). SINCE YOUR SUBSCRIPTION OR PURCHASE ORDER WILL BE FULFILLED ONLINE, YOU WILL BE ABLE TO OBTAIN UNRESTRICTED ACCESS TO THE ENTIRE PROGRAM DIRECTLY TO YOUR COMPUTER, AND WE WILL NOT BE ABLE TO RETRIEVE IT BACK, EACH SUBSCRIPTION OR PURCHASE ORDER IS FINAL AND THERE IS NO PROVISION FOR A REFUND.
YOUR MONTHLY OR ANNUAL NON-REFUNFDABLE SUBCRIPTIONS FEES ARE PAYABLE IN ADVANCE. YOU WILL BE ABLE TO CANCEL YOUR SUBSCRIPTION FOR ANY REASON WHATSOEVER AT ANY TIME. HOWEVER, THERE IS NO PROVISION FOR PARTIAL REFUND DUE TO HIGH ADMINISTRATIVE COST OF HANLING SUCH REFUND.
WE ALSO OFFER YOU PRODUCTS AND SERVICES, PROVIDED BY OUR PARTNERS AND AFFILIATES. IF YOU DECIDE TO PURCHASE ANY OF THESE PRODUCTS OR SERVICES, THE PURCHASING PROCEDURES, INCLUDING WARRANTIES, THE RETURN OF PRODUCTS AND REFUND POLICY, WILL BE SUBJECT TO ALL PROVISIONS, SPECIFIIED BY RELEVANT PRODUCT OR SERVICE PROVIDERS.
IF YOU DON'T ACCEPT THE CONDITIONS OF THIS AGREEMENT IN PART OR IN FULL FOR ANY REASON WHATSOEVER, PLEASE REFRAIN FROM PLACING YOUR SUBSCRIPTION OR PURCHASE ORDER.
THIS END-USER LICENSE AGRREMENT INCLUDES THE FOLLOWING:
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1. DEFINITIONS |
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DEFINITIONS |
1.1 "LBC" shall mean Lean Business Club, Inc., a California corporation, at 1223 Wilshire Blvd., #172, Santa Monica, CA 90403, USA and its main website is:
www.LeanBusinessClub.com.
1.2 "Member" shall mean you, as an individual or a single entity, upon completion of the following form online:
• Membership Form For Business Owners.
• Membership Form For Students.
• Membership Form For Managers.
• Membership Form For Business Startups.
• Membership Form For Consultants And CPA.
• Membership Form For US Veterans.
1.3 "Membership" shall mean your Annual Membership in LBC, which will entitle you to all Benefits And Discounts and offered by LBC to its members. All new members are entitled to a one year membership free of charge. After the first year your membership will be subject to a $50 charge per year. This charge will be waived and you will qualify for additional free annual membership by referring to LBC at least five new members per calendar year.
1.3.1 Your membership will remain free of charge for as long as you are a student. You will only be required to e-mail a scanned copy of your valid ISIC Student ID Card to LBC to qualify for free membership.
1.3.2 Your membership will remain free of charge for unlimited period if you are a US Veteran. You will only be required to e-mail a scanned copy of your valid Veterans Identification Card to qualify for free membership.
1.4 "Agreement" shall mean this End-User License Agreement between you (either an individual or a single entity) and LBC.
1.5. "Software" shall mean:
1.5.1 All of the contents of Lean Business 2100 Management Program, files, accessible via Internet, disk(s), CD-ROM(s) or other media, including electronic media, with which this Agreement is provided, or such contents as provided by LBC, or its distributors, resellers, or other business partners, collectively termed "Authorized Partner (s)".
1.5.2 All related explanatory materials in printed, electronic, or online form collectively termed "Documentation".
1.6 "Software Updates" shall mean all software upgrades, modified or subsequent versions and updates, developed and provided to you by LBC.
1.7 "Management Level" shall mean a level selected by you, the member, based on your professional status as follows:
1.7.1 Level 1: You are a student.
1.7.2 Level 2: You are a professional manager in a company.
1.7.3 Level 3: You plan to start a one-person business.
1.7.4 Level 4: You and your partner/s plan to start a business without employees.
1.7.5 Level 5: You and your partner/s plan to start a business with employees.
1.7.6 Level 6: You are a one-person business.
1.7.7 Level 7: You are a small business owner with employees.
1.7.8 Level 8: You and your partner/s are small business owners without employees.
1.7.9 Level 9: You and your partner/s are small business owners with employees.
1.7.10 Level 10: You are a management consultant, or a pro-active CPA.
1.8 "Software Subscription" shall mean Program Subscription by the member to the software on a monthly or annual basis
1.9 "Use" or "Using" shall mean to access, install, download, copy, or otherwise benefit from using the software and software updates.
1.10 "Permitted Number" shall mean one (1), unless otherwise indicated under a valid license, e.g., volume license, granted by LBC or an authorized partner.
1.11 "Computer" shall mean a device that accepts software and software updates and manipulates this information for a specific result based upon a sequence of instructions.
1.12 "Services" shall mean any services provided to you (either an individual or a single entity) by LBC and authorized partners. |
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2. LICENSE GRANT |
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LICENSE GRANT |
Subject to the terms and conditions of this Agreement, including the payment of the applicable subscription fees, LBC hereby grants you a non-exclusive, non-transferable license to use the software and software updates on a computer/s owned or controlled by you for your own personal, non-commercial use, subject to any restrictions or usage terms related to software and software updates, as specified in the applicable documentation. Some third party materials included in the software may be subject to other terms and conditions, which are typically found in either a "Read Me" file or an "About" file in the software. |
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3. TERM OF THIS AGREEMENT |
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TERM OF THIS AGREEMENT |
The software subscription, purchased by you, will be available for use for a monthly or annual period, in accordance with your personal selection of the subscription period, subject to all provisions of this Agreement. You may also agree to permit LBC to automatically renew your annual membership and your monthly or annual subscription by charging a valid credit card number, which you will have to provide to LBC in advance. In this case your membership and your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than LBC's then-current monthly or annual subscription fee. You must provide current, complete, and accurate information for your billing account. You must also promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify LBC if your credit card is canceled in case of loss or theft. If you decide not to renew your annual membership, or your monthly or annual subscription you must inform us about this by e-mail within thirty 30 days prior to the membership expiration date. The e-mail contact is: Info@LeanBusinessClub.com. |
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4. SOFTWARE UPDATES |
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SOFTWARE UPDATES |
This license is limited to the most updated version of the software, which you have subscribed from LBC at any given time. Any further software updates will be available to you free of charge, provided your membership remains in good standing, and the and subscription membership fees, if applicable, are paid in a timely manner. |
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5.OWNERSHIP RIGHTS |
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OWNERSHIP RIGHTS |
The software and software updates are protected by United States' and other countries' copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. LBC and the author own and retain all right, title and interest in and to the software and software updates, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your subscription, possession, installation, or use of the software and software updates does not transfer to you any title to the intellectual property in the software and software updates, and you will not acquire any rights to the software and software updates, except as expressly set forth in this Agreement. |
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6. MULTIPLE ENVIRONMENT SOFTWARE/MULTIPLE LANGUAGE/SOFTWARE/MULTIPLE MEDIA/MULTIPLE COPIES/SOFTWARE UPDATES |
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MULTIPLE ENVIRONMENT SOFTWARE/MULTIPLE LANGUAGE
SOFTWARE/MULTIPLE MEDIA/MULTIPLE COPIES/SOFTWARE UPDATES |
If the software and software updates supports multiple platforms, or is presented in multiple languages, or is received in multiple media, or is received in multiple copies, the total number of your computers, on which all versions of the software are subscribed to or installed, may not exceed the permitted number. |
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7. RESTRICTIONS |
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RESTRICTIONS |
You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the software and software updates. You may not reverse engineer, decompile, or disassemble the software and software updates, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the software and software updates in whole or in part. You may not copy the software and software updates, or documentation, except as expressly permitted in Section 1 above. You may not permit third parties to benefit from the use or functionality of the software and software updates via a timesharing, service bureau or other arrangement. You may not remove any proprietary notices or labels on the software and software Updates. All rights not expressly set forth hereunder are reserved by LBC. You may not back up electronic/digital content for which you do not have sufficient legal rights to the content being backed up. |
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8. WARRANTY AND DISCLAIMER |
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WARRANTY AND DISCLAIMER |
THE SOFTWARE IS PROVIDED "AS IS" AND LBC MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, LBC, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, LBC MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. |
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9. LIMITATION OF LIABILITY |
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LIMITATION OF LIABILITY |
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LBC, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL BMC, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF LBC, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. .
This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Nothing contained in this Agreement limits LBC's liability to you for LBC's gross negligence or for the tort of fraud. LBC is acting on behalf of its suppliers and authorized partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. |
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10. NOTICE TO UNITED STATES GOVERNMENT END-USERS |
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NOTICE TO UNITED STATES GOVERNMENT END-USERS |
The software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the software, software updates, and accompanying documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. |
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11. EXPORT CONTROLS |
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EXPORT CONTROLS |
You acknowledge that the software is subject to the export control laws and regulations of the Unites State of America ("US"), and any amendments thereof. You shall not export or re-export the software, directly or indirectly, to:
1. Any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, Libya, North Korea, Sudan, and Syria);
2. Any end-user known, or having reason to be known, will utilize them in the design, development or production of nuclear, chemical or biological weapons; or
3. Any end-user who has been prohibited from participating in the US export transactions by any federal agency of the US government. You further acknowledge that software may include technical data subject to export and re-export restrictions imposed by US law. |
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12. GOVERNING LAW |
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GOVERNING LAW |
This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California, USA. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. |
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13. PRIVACY |
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DEFINITION OF MANAGEMENT |
By entering into this Agreement, you agree to LBC Privacy Policy that LBC may collect, retain and use your personal information, including your name, address, e-mail address, and payment details. Your personal information will be used primarily to provide services and product functionality to you. LBC may also use your personal information for additional communication with you, subject to your decision to accept such communication from LBC and subject to applicable laws. LBC may engage other companies and individuals ("sub-contractors") to perform functions on its behalf, such as payment processing, order fulfillment, marketing programs and customer service. LBC may share your information with such sub-contractors in order to perform these and other functions, but such sub-contractors may not use your personal information for other purposes, unless you agree. By entering into this Agreement, you agree to the transfer of your personal information to LBC's offices in the United States, for the purposes stated above. For more detailed information on the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the communications described above, please read the Privacy Policy. |
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14. ARBITRATION |
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ARBITRATION |
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, or another location agreed to by the parties. The arbitration shall be administered by ADR Services, Inc. (hereinafter "ADR Services"). The arbitration shall be held before a sole arbitrator and shall be binding with no right of appeal.
The arbitration shall be conducted pursuant to the ADR Services, Inc. Standard Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the Administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand shall be deemed denied.
The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services, Inc. shall select an independent arbitrator.
The costs of the arbitration, including the arbitrator's fees, shall be borne by the losing party to the arbitration and the prevailing party will be entitled to recover any costs associated with this arbitration.
BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO LBC's ARBITRATION PROVISIONS OUTLINED ABOVE. YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOREGOING ARBITRATION PROVISION AND AGREE TO BE BOUND THEREBY. |
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15. MISCELLANEOUS |
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MISCELLANEOUS |
This Agreement constitutes the entire agreement of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties here to that specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect. |
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16. CONTACT US |
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CONTACT US |
If you have any questions concerning these terms and conditions, or if you would like to contact LBC for any other reason, please e-mail us at Info@LeanBusinessClub.com, or write: Lean Business Club, Inc., 1223 Wilshire Blvd. #172, Santa Monica, CA 90403, USA. |
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LESSON FOR TODAY:
An Agreement Is Only As Good As People Who Stand Behind It! |
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