Updated as of December 2012
These are the Terms of the Lean Sensei International website http://leansensei.com/ which includes, without limitation, the home page, splash page, and all other pages under the same top-level domain name, and all content thereon (the “Site”) as provided by Lean Sensei International (“Lean Sensei”, “we” or “us”).
CONDITIONAL USE OF THIS SITE
USE OF MATERIALS
You may print or have printed by a third party any downloadable material contained on the Site provided that the following conditions are met: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.
COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
The content of the Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, is the property of Lean Sensei and its affiliates (“Lean Sensei’s Proprietary Material”) unless otherwise noted. Lean Sensei’s Proprietary Material is protected under law in Canada and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from Lean Sensei’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use Lean Sensei’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Lean Sensei.
LINKS TO OTHER SITES
The Site may contain links to third party Web sites. Such links are provided solely for your convenience. Lean Sensei does not endorse the content of any such third party Web site, has not reviewed all material linked to any such site, and is not responsible for the content of any such site. Your accessing and viewing of any such third party site is conducted at your own risk. Check the (URL) address provided in your browser to see if you are still in a Lean Sensei International operated site or have moved to another site.
SUBMISSIONS TO THE SITE
You acknowledge and agree that if you submit any comments, text, data, images, photographs, videos or other materials (collectively “Content”) to the Site, you will be solely responsible for such Content, and that Lean Sensei will not be liable in any way for it.
You also agree that you will not:
a) submit any Content that is harassing, abusive, threatening, harmful, libelous or defamatory;
b) submit any Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents;
c) submit any Content containing a virus or other harmful elements;
d) engage in activity that interferes with or disrupts the use of the Site by other users;
e) submit any Content that is unlawful, that encourages any illegal activities, or provides guidance about such activities; or
f) make any false representation, including impersonation of any person or entity, or misrepresentation of your affiliation with any person or entity.
Without limiting your sole responsibility for any Content you submit, we reserve the right to edit, limit or remove any Content in our sole discretion.
If you are not the owner of any Content you submit, you warrant that you have received all necessary consents from the owner of such rights. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary righty, and you will hold Lean Sensei harmless if any such Content submitted is in violation of any such rights.
By submitting Content to the Site, you grant Lean Sensei a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to communicate to the public by telecommunication, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or incorporate such Content into any form, medium, or technology. Further, Lean Sensei shall be free to use any ideas or concepts contained in such Content for any purpose, including but not limited to research, development, and marketing of services and products incorporating such ideas or concepts.
Lean Sensei makes no claims that the content of the Site is appropriate or may be downloaded outside of Canada and the United States. If you access the Site from outside of the Canada and/or the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that Lean Sensei intends to make such products or services available in all countries. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of any such provision or any other provision.
DISCLAIMER OF WARRANTIES
Your use of the site is at your sole risk. The site and its content are provided “as is” and without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose, and any warranties that access to the site will be uninterrupted or error-free, that the site will be secure or free of viruses or other harmful material, or that information on the site will be complete, accurate or timely. Lean Sensei reserves teh right to restrict or terminate your access to the site or any feature or part thereof at any time, with or without notice.
LIMITATION OF LIABILITY
To the fullest extent permitted under applicable law, neither Lean Sensei nor its affiliates, including without limitation all officers, directors, employees, and agents, shall be liable to you for any damages, harm or injury whatsoever (including without limitation direct, indirect, incidental, special, consequential and punitive damages, lost profits, and damages resulting from lost data or business interruption) arising from or relating to the use of or inability to use the site and its content, whether based on warranty, contract, tort, or any other legal theory, regardless of whether or not Lean Sensei or any of its affiliates has been negligent or has been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless Lean Sensei and its affiliates from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to your browsing or use of the Site, content you transmit to the Site, your violation of any rights of another, or your breach of the Terms.
Unless otherwise specified, the materials on our Site are presented to provide information about Lean Sensei International and its services. We do not warrant that the materials on the Site are appropriate or available for use in all countries. If you use our Site from locations outside of Canada, you are responsible for compliance with any applicable local laws.
These Terms shall be governed by and interpreted according to the laws of Canada and British Columbia, as applicable (without applying conflict-of-law principles).
If any provision of these Terms is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. These are the entire Terms regarding all the matters that have been discussed in the preceding paragraphs.