AIIR Terms of Use

Last modified: October 22, 2019

Acceptance of the Terms of Use

These terms of use are entered into by and between you and AIIR Consulting LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of: our website at https://aiirconsulting.com; the Enterprise Coaching Manager (ECM) and Coaching Zone (CZ) available at https://ecmzone.com; and other related products and/or services and including any related AIIR mobile applications software or Company servers (collectively, the “AIIR Platform”), including any content, functionality and services offered on or through the foregoing, whether as a guest or a registered user.

These Terms of Use will be effective as of the date that you create your account with us. PLEASE READ THE TERMS OF USE CAREFULLY. BY USING THE AIIR PLATFORM, YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS SET FORTH HEREIN AND OUR PRIVACY POLICY FOUND AT HTTPS://AIIRCONSULTING.COM/PRIVACY-POLICY (THE “PRIVACY POLICY”), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT USE THE AIIR PLATFORM. IF YOU ARE USING THE AIIR PLATFORM ON BEHALF OF A BUSINESS OR SOME OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO GRANT ALL LICENSES SET FORTH IN THESE TERMS OF USE AND TO AGREE TO THESE TERMS OF USE ON BEHALF OF THE BUSINESS OR ENTITY.

The AIIR Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the AIIR Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the AIIR Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion and without prior notices, except that we will notify you of any material changes to the Terms of Use, including, but not limited to, changes to the dispute resolution, governing law and jurisdiction provisions set forth herein (“Material Changes”). All changes are effective immediately when we post them. However, Material Changes will not apply to any disputes that arise prior to the date that you have actual notice of such Material Changes.

 Your continued use of the AIIR Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the AIIR Platform and Account Security

We reserve the right to withdraw or amend the AIIR Platform, and any service or material we provide on the AIIR Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the AIIR Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the AIIR Platform, to users, including registered users.

You are responsible for: (i) making all arrangements necessary for you to have access to the AIIR Platform; and (ii) ensuring that all persons who access the AIIR Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the AIIR Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the AIIR Platform that all the information you provide on the AIIR Platform is correct, current and complete. You agree that all information you provide to register with the AIIR Platform or otherwise, including but not limited to through the use of any interactive features on the AIIR Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the AIIR Platform or portions of it using your username, password or other security information. You will not buy, sell, rennet or lease access to your AIIR Platform Account. You will not attempt to log in or otherwise access the AIIR Platform through any unauthorized third-party applications. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

WE HAVE THE RIGHT TO DISABLE ANY USER NAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, INCLUDING IF, IN OUR OPINION, YOU HAVE VIOLATED ANY PROVISION OF THESE TERMS OF USE OR THE TERMS OF ANY OTHER COMMERCIAL AGREEMENT YOU HAVE ENTERED INTO WITH COMPANY. YOU MAY NOT CREATE ANOTHER ACCOUNT IF WE HAVE DISABLED YOUR ACCOUNT UNLESS YOU OBTAIN OUR PRIOR WRITTEN CONSENT.

Intellectual Property Rights

The AIIR Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

To the extent that Company provides you with reports or other documentation relating to your participation in AIIR-provided services and/or the results of any assessments or evaluations you have completed via the AIIR Platform (collectively, “Documentation”) you will own your copy of the Documentation and may retain it for your own personal use.  You acknowledge, however, that the intellectual property rights and data underlying the Documentation, including any processes, methods, tools, templates, designs, known-how, data, information, copyrights, patents, trademarks, trade secrets, and other associated intellectual property, including any improvements, inventions or derivate works made with respect to the foregoing, remain the sole property of Company

These Terms of Use permit you to use the AIIR Platform for your individual, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the AIIR Platform. You must not: (i) modify copies of any materials from the AIIR Platform; (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the AIIR Platform; or (iii) access or use for any commercial purposes any part of the AIIR Platform or any services or materials available through the AIIR Platform. For purposes of clarity, prohibited commercial uses shall not include satisfying the terms of any commercial agreement entered into between you and the Company.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the AIIR Platform in breach of the Terms of Use, your right to use the AIIR Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the AIIR Platform or any content on the AIIR Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the AIIR Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, Coaching Zone, Big Coaching Data, Coaching Mindset Index, Enterprise Coaching Manager, Coaching in the Cloud, AIIR logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the AIIR Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the AIIR Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the AIIR Platform:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm any third parties in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (as described in further detail below).
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the AIIR Platform, or which, as determined by us, may harm the Company or users of the AIIR Platform or expose them to liability.
  • To develop any third-party applications that interact with the AIIR Platform or other users’ content or information, without our express written consent.

Additionally, you agree not to:

  • Use the AIIR Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the AIIR Platform, including their ability to engage in real time activities through the AIIR Platform.
  • Use any robot, spider or other automatic device, process or means to access the AIIR Platform for any purpose, including monitoring or copying any of the material on the AIIR Platform.
  • Use any manual process to monitor or copy any of the material on the AIIR Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the AIIR Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material or code which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the AIIR Platform that you are not authorized to access, including any server, computer or database connected to the AIIR Platform.
  • Attempt to circumvent any content-filtering techniques we employ.
  • Attack the AIIR Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the AIIR Platform.

User-Provided Materials

The AIIR Platform may allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User-Provided Materials”) on or through the AIIR Platform.  All User-Provided Materials must comply with the Content Standards set forth below.

Any User-Provided Materials you post to the AIIR Platform will be considered non-confidential and non-proprietary. By providing any User-Provided Materials on the AIIR Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, promote, broadcast, and otherwise disclose to third parties any such material for any purpose in any and all media or distribution methods now known or later developed.

To the extent you appear in, create, upload, post, or send User-Provided Materials, you hereby grant Company and our respective licensees, successors and assigns, the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. You acknowledge that you will not be entitled to any compensation from Company, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the AIIR Platform, either on the AIIR Platform or on one of our business partner’s platforms.

You represent and warrant that: (i) you own or control all rights in and to the User-Provided Materials and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User-Provided Materials do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User-Provided Materials you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User-Provided Materials posted by you or any other user of the AIIR Platform.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User-Provided Materials for any or no reason in our sole discretion.
  • Take any action with respect to any User-Provided Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Provided Materials violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the AIIR Platform or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted or otherwise provided by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the AIIR Platform.
  • Terminate or suspend your access to all or part of the AIIR Platform for any or no reason, including without limitation, any violation of these Terms of Use or the terms of any other commercial agreement you have entered into with Company.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the AIIR Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the AIIR Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

Any User-Provided Materials you provide must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. In addition, the content standards set forth below (“Content Standards”) apply to any and all User-Provided Materials. Without limiting the foregoing, User-Provided Materials must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy.
  • Contain false, untrue or misleading information or otherwise be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

In the event that we determine, in our sole discretion, that you are violating any of the Content Standards, we reserve the right to remove any applicable User-Provided Materials, and/or terminate your access to the AIIR Platform. In the event we determine that you are repeatedly infringing the copyrights of any third parties your account will be terminated and your continued access to the AIIR Platform will be denied in accordance with the Digital Millennium Copyright Act (“DMCA”).

Copyright Infringement

If you believe that any User-Provided Materials violate your copyright, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (collectively, a “Notice”) (see 17 U.S.C 512(c)(3) for further details):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. identification of the URL or other specific location on the AIIR Platform where the material that you claim is infringing is located;
  4. your address, telephone number, and email address;
  5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

All Notices must be sent to our copyright agent via email at info@aiirconsulting.com.

Reliance on Information Posted

The information presented on or through the AIIR Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the AIIR Platform, or by anyone who may be informed of any of its contents.

The AIIR Platform includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the AIIR Platform

If the AIIR Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the AIIR Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the AIIR Platform is based in the state of Pennsylvania in the United States. We provide the AIIR Platform for use only by persons located in the United States. We make no claims that the AIIR Platform or any of its content is accessible or appropriate outside of the United States. Access to the AIIR Platform may not be legal by certain persons or in certain countries. If you access the AIIR Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the AIIR Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE AIIR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE AIIR PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM IS AT YOUR OWN RISK. THE AIIR PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM (INCLUDING, BUT NOT LIMITED TO, THE DOCUMENTATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE AIIR PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE AIIR PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE AIIR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE AIIR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AIIR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability; Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW,  COMPANY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE AIIR PLATFORM; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE AIIR PLATFORM; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER-PROVIDED MATERIALS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AIIR PLATFORM EXCEED THE LESSER OF (I) AMOUNTS YOU PAID COMPANY, IF ANY, IN THE 12 MONTH PERIOD PRECEDING ANY CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00).

WITH RESPECT TO ANY ASSESSMENTS, SURVEYS AND/OR QUESTIONNAIRES YOU MAY PARTICIPATE IN VIA THE AIIR PLATFORM, AND ANY ASSOCIATED DOCUMENTATION, YOU HEREBY RELEASE COMPANY AND ITS AGENTS, DISTRIBUTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, RELATED OR AFFILIATED COMPANIES, AND SUCCESSORS FROM ALL LIABILITY, AND ANY ACTIONS OR CAUSES OF ACTION OF EVERY KIND, NATURE, AND DESCRIPTION ARISING OUT OF, OR INCIDENTAL TO (I) YOUR TAKING OF SUCH ASSESSMENTS; AND (II)  THE USE OF THE DOCUMENTATION BY THE COMPANY OR AGENCY THAT REQUESTED YOU TO COMPLETE THE ASSESSMENT, WHICH MAY INCLUDE YOUR EMPLOYER TO THE EXTENT THAT YOUR EMPLOYER REQUESTED YOUR PARTICIPATING IN ANY AIIR SERVICES OR USE OF THE AIIR PLATFORM.

COMPANY IS NOT LIABLE FOR ANY DECISION MADE BY YOUR EMPLOYER AND/OR THE COMPANY OR AGENCY THAT REQUESTED YOU TO COMPLETE THE ASSESSMENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the AIIR Platform, including, but not limited to, your User Contributions, any use of the AIIR Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the AIIR Platform.

Governing Law and Jurisdiction

All matters relating to the AIIR Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the AIIR Platform shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in the City of Philadelphia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE AIIR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and AIIR Consulting, LLC with respect to the AIIR Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the AIIR Platform.

Your Comments and Concerns

The AIIR Platform is operated by AIIR Consulting LLC, 50 Monument Rd, Suite 205, Bala Cynwyd, PA 19004.

All other feedback, comments, requests for technical support and other communications relating to the AIIR Platform should be directed to: support@ecmzone.com.

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AIIR Consulting is a global leadership development consultancy dedicated to increasing the effectiveness and performance of leaders and their organizations. Through the strategic integration of coaching and technology, AIIR Consulting brings agile leadership development to today’s connected leader.

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