Terms of Service
1. Acceptance & Scope
By accessing www.elitetime-mgmt.com or using TimeOptima, you agree to these terms (“Agreement”). If you are an entity, the individual accepting represents authority to bind. Supplementary terms may apply for specific training cohorts.
2. Services & License
2.1 Provision: We grant a non-exclusive, non-transferable, revocable license to access our training materials and platform for internal business use. 2.2 Restrictions: No reverse engineering, resale, or sublicensing. 2.3 Modifications: We may update services with 30-day notice; material features shall not be diminished without consent.
3. Payment & Fees
Fees specified in order form. Invoices net 30 days; late payments incur 1.5% monthly interest or max legal rate. All fees non-refundable except as per cancellation policy Section 7.
4. Intellectual Property
All content, methodologies (Lean Time Managementâ„¢), and software are owned by us. Client retains rights to pre-existing materials; suggestions provided to us may be used without compensation.
5. Confidentiality
Each party may disclose Confidential Information; receiving party shall protect with reasonable care, not disclose except to employees with need-to-know, and use solely for Agreement purposes. Exclusions: public domain, independently developed, or legally required.
6. Warranties & Disclaimers
Services provided “as is” without warranty of merchantability or fitness for a particular purpose, except as explicitly stated. We warrant that services will conform to documentation in all material respects; remedy is re-performance. No guarantee of specific productivity improvements.
7. Termination & Suspension
Either party may terminate for material breach uncured within 30 days. We may suspend for non-payment or illegal activity. Upon termination: pay accrued fees, return Confidential Information, cease use. Sections 4-8 survive.
8. Limitation of Liability
No liability for indirect, consequential, or lost profits. Our aggregate liability capped at fees paid in 12 months preceding claim. Both parties acknowledge this allocation of risk is fundamental to pricing.
9. Governing Law & Dispute Resolution
Governed by New York law, excluding conflicts. Disputes first attempted via negotiation; if unresolved, binding arbitration per JAMS Streamlined Rules in New York County. Class actions waived. Equitable relief allowed in courts.
10. Miscellaneous
Entire Agreement; amendments require written mutual consent; no waiver of any term; assignment only with prior written consent; force majeure excused. Notices to: [email protected].
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