Terms of Service

Last updated: September 17th, 2015

This user agreement (“Agreement”) provides the terms governing your use of Linder Academy products and services.

Linder Academy products and services (the “Linder Academy Products and Services”, “our Products and Services” or simply the “Products and Services”) mean all current and future products and services provided by or through Linder Academy, including without limitation, access to an account on our system and the products and services offered through such account or otherwise, such as our products and services that collect information about your personal and professional history that allow us to match you with a coach, allows your coach to access information about you, and enables you and other users to find each other and connect for coaching, career advice or industry expertise, as well as all assessments, diagnostic tools, and other materials provided by or through Linder Academy, whether in electronic, hardcopy or any other form. The Products and Services include the products and/or services themselves and all intellectual property rights therein.

This Agreement applies to all users of any current or future Linder Academy Products and Services, including, but not limited to coachees, coaches, alumni participants, cross-company participants, internal consulting participants, and program managers.

To become an Linder Academy user, you must read and accept all the terms of this Agreement and the Linder Academy Privacy Policy. In the case of any inconsistency between the Privacy Policy and this Agreement, this Agreement shall govern.

Nothing in this Agreement or the Privacy Policy shall be construed to confer any rights or benefits on any third-party.

If you do not agree to be bound by this Agreement, you are prohibited from accessing or using any Linder Academy Products and Services. We reserve the right to modify this Agreement or our Privacy Policy at any time, without notice, by posting amended terms on our website. Your continued use of our Products and Services indicates your agreement to be bound by any such amended Agreement or Privacy Policy.

Our Products and Services are not available to minors under the age of 18 or to any users whose accounts are suspended or terminated by Linder Academy. Users are prohibited from having more than one account and are prohibited from selling, trading, or otherwise transferring or sharing their Linder Academy account to or with any other person. If you do not qualify, you are not allowed to use our Products and Services.

You are responsible for maintaining the confidentiality of your login information and account, and are fully responsible for all activities that occur under your login or account with or without your knowledge. You shall not provide your login information to any other person. You agree to immediately notify us of any use of your account by any person other than yourself or any other breach of security.

You agree that you will use your account and all other Linder Academy Products and Services at your own risk. We will not be liable for any loss or damage of any nature whatsoever that you may incur in connection with any use of your account or of any of our Products or Services.

You agree that we may, at any time, with or without cause, and without notice, suspend or terminate your account and / or access to any or all Products and Services. Without limiting the foregoing, the following may, at our discretion, lead to a termination of your use of our Products and Services: (a) breach of this Agreement or any other agreement, policy, rule, or guideline, (b) request by law enforcement or other government agency, (c) technical issues or problems, or (d) extended periods of inactivity. Furthermore, you agree that any suspension or termination, partial or full, shall be made in our sole discretion and that we shall not be liable to you nor to any third-party for any suspension or termination of your account or access to our Products and Services.

You agree not to use our Products and Services directly or indirectly to:
  • Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that is illegal, unlawful, libelous, defamatory, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use our Products and Services for any purpose or in any manner that violates any law, rule, or regulation.
  • Misrepresent your identity, or any facts about yourself or your background, or any facts about any other person, entity, or event, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresenting your affiliations with any person or entity, past or present.
  • Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that you do not have the right to disclose, including anything you are prohibited from disclosing under any law, contract, or fiduciary relationship (such as insider information, or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement).
  • Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that violates the rights of any person or entity, including without limitation anything that infringes upon any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right.
  • Post any content, upload, make any email or other communication, or otherwise transmit or make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, advertising, marketing, or promotion. This prohibition includes but is not limited to: a) using Linder Academy invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) using Linder Academy to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
  • Post any content, upload, make any email or other communication, or otherwise transmit or make available anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin or destination of any communication.
  • Post content in fields that aren’t intended for that content.
  • Interfere with or disrupt any Products or Services or servers or networks connected to our Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Products and Services.

Coaching program participants
In addition to all other terms of this Agreement, you also agree that the following additional terms shall apply if you participate in any Linder Academy coaching program:

Linder Academy agrees to honor confidentiality with your employer ("Employer"). Linder Academy agrees that a duty is owed you and your Employer to maintain the confidentiality of Confidential Information of your Employer provided by you. This means Linder Academy shall treat such information as confidential and shall not use, disclose, duplicate, copy, transmit or otherwise disseminate such information (or permit it to be used, disclosed, duplicated, copied, transmitted or otherwise disseminated) at any time prior to or after the termination of this Agreement, except as specifically permitted in writing by your Employer. The term Confidential Information shall include:
  1. Any information of your Employer not generally known to the public, including, without limitation any trade secrets or proprietary information concerning your Employer, its sales, personnel or accounting procedures, accounts, operations, devices, techniques, methods, business plans, software (regardless of its state of completion or form of recordation), data processing programs, data bases, models, product proposals, internally devised technology, system or network architecture or topology, secret processes, products, capacities, systems, security practices, research development, machines, inventions, legal agreements, research projects and Work(s), and other means used by your Employer in the provision of products or services to customers and in the conduct of its business, whether or not developed, acquired or compiled by your Employer.
  2. Any information concerning customers and prospective customers of your Employer and/or the business activities of your Employer and/or its customers, including without limitation, trade secret and proprietary information concerning accounts, financial standing, investment holdings, your Employer's marketing strategies , specific financial needs and requirements with respect to investment, financial position and standing, leads, referral and references to customers, holding book or customer book pages, assets and obligations carried in accounts of customers, and all records and documents concerning the business and affairs of your Employer and/or its customers (including without limitation copies and originals and any graphic format or electronic media) whether or not developed, compiled or acquired by your Employer.
  3. The identity of any and all confidential or proprietary information or data belonging to or concerning any of your Employer's customers and any third parties that is in the possession, custody or control of your Employer.

Confidential Information shall not include information that (i) was or in the future becomes publicly available through no wrongful action on Linder Academy's part, (ii) was or in the future becomes known to Linder Academy independent of Linder Academy's relationship with you or your Employer, (iii) was or becomes in the future developed by Linder Academy without use of any Confidential Information and outside the scope of any arrangement with you or your Employer, or (iv) was or in the future becomes obtained by Linder Academy from a third-party who has the right to provide such information to Linder Academy at such time.

You understand that your conversations with a Linder Academy staff member will remain confidential. However, information regarding your attendance at events may be shared with your Employer. In addition, aggregate data regarding your satisfaction and involvement with any Linder Academy Products and Services may be shared with your Employer. Without limitation of the terms of our Privacy Policy, you agree that we may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Linder Academy, its users, or the public.

Participation in virtual communities
We want to remind community members that anything shared on the Internet may be used by others in unintended ways. We urge you to exercise good judgment when posting messages to online communities.

In addition to all other terms of this Agreement, you also agree that the following additional terms shall apply if you join, participate in, or view any of the Linder Academy virtual communities.

You agree to: (i) maintain the confidentiality of other community members by not discussing personal or group matters in “off-line” conversations or other communications; (ii) not to share any information with non-group members without the permission of the person posting the information; (iii) recognize and respect the diversity represented among participants; (iv) not engage in personal attacks, flames, or profanity, nor make offensive comments or judgments; disagreement is permissible and sometimes necessary, but attacks are unacceptable; (v) not post comments that could be construed as sexist, racist, homophobic, intolerant, or demeaning by any individual based on gender, age, disability, politics, religion, or sexual orientation; (vi) not use access to this community to market any products or services or otherwise engage in any form of solicitation; and (vii) not proselytize spiritual or religious beliefs or promote political candidates or causes.

We have the right to monitor activity and content associated with virtual communities; however, we are not obligated to do so, nor are we obligated to take any action relating to any such monitoring. While we reserve the right to remove any post or any other content from any community at our complete discretion, we are under no obligation to do so under any circumstances. We will have no responsibility for the accuracy, integrity, quality, or anything else relating to any post or any other content. Furthermore, we do not necessarily agree with or endorse the content of any posts or other content.

Without limiting the foregoing, we may investigate any content and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, errors or omissions in content, or loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Linder Academy site.

International use
Recognizing the global nature of the Internet, you agree to comply with all applicable international, national and local laws, rules, and regulations, including but not limited to those regarding online conduct and acceptable content. Specifically, and without limitation, you agree to comply with all applicable laws, rules, and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.

Information provided on this website
In the course of using any Products and Services, users may provide information about themselves that may be visible to certain other users (see our Privacy Policy to learn more about information collected on the website). You understand that by posting materials on the Linder Academy site or otherwise providing materials to Linder Academy, you are granting us a royalty-free, world-wide, perpetual, irrevocable license to use this information in the course of offering our Products and Services. Furthermore, you understand that we retain the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through any our Products and Services is the sole responsibility of the person from whom such content originated and that we will not be liable for any errors or omissions in any content, or otherwise with respect to any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using any of our Products and Services, nor can it guarantee anything else relating to any such persons. Additionally, we cannot guarantee the authenticity or anything else about any information that users may provide.

No crawling, copying, simulating or interfering
Use of manual or automated software, devices, or other processes to crawl or spider any web pages contained in our website is prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included therein. You also agree not to frame or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Linder Academy Communications
We may communicate with you (see our Privacy Policy to learn more about communications). You agree to receive emails, telephone calls, courier delivery, or regular mail that relate to your account. You also agree to have your name and/or email address listed in the header of certain communications that you initiate through our Products and Services.

Monitoring and enforcement
While we reserve the right to monitor activity and content associated with any of our Products and Services; we are not obligated to do so. We are not responsible for anything relating to any inaccuracy, lack of integrity or quality, or anything else regarding any information provided by any user. In using our website or other Products and Services, whether the community forums or any other products or services, you may be exposed to content that is unlawful or that you find offensive or otherwise objectionable. You can contact us to let us know of content that you find objectionable.

Furthermore, you may contact us if you receive off-line communication from a community member that you find objectionable. We may investigate any such complaint or otherwise on our own volition and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing content, or suspending or terminating accounts and/or subscriptions. However, we reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website. Use of any of our Products and Services will be at the risk of the user.

Fees
We reserve the right to charge for any of our Products and Services or any portion thereof and / or to modify the pricing of, add to, modify, or discontinue any of our Products or Services or any portion thereof without notice.

Indemnification
By accepting this Agreement, you agree to indemnify and otherwise hold harmless Linder Academy AB, its subsidiaries and affiliates, and our and their officers, directors, employees, independent contractors, agents, subsidiaries, affiliates and other partners from any damage, whether direct, indirect, compensatory, punitive, incidental, special, consequential, exemplary or otherwise resulting from: i) your use of any Linder Academy Products and Services; ii) unauthorized access to or alteration of your communications with or through any Linder Academy Products and Services, iii) any other matter relating to any Linder Academy Products and Services; or iv) any personal or business dealings, activities, interactions, or transactions that may occur between users.

Disclosure
Without limitation of the terms of our Privacy Policy, you agree that we may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Linder Academy, its users, or the public.

Disclaimer of warranties
LINDER ACADEMY PRODUCTS AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT: (i) OUR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE OR USEFUL, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LINDER ACADEMY PRODUCTS AND SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU MAY INCUR, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LINDER ACADEMY OR THROUGH OR FROM ANY LINDER ACADEMY PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Entire agreement
This Agreement constitutes the entire and exclusive agreement between you and Linder Academy and it supersedes any prior or contemporaneous agreements, understandings, or representations between you and Linder Academy. This Agreement may not be modified orally, nor may any part or breach be waived orally. No failure or delay in exercising any right shall operate as a waiver of that or any other right, nor shall any partial exercise of any right preclude any further exercise of that or any other right.

Limitation of liability
YOU EXPRESSLY AGREE THAT LINDER ACADEMY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINDER ACADEMY KNEW OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. SUBJECT TO THE FOREGOING, IN NO EVENT WILL LINDER ACADEMY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES CLAIM OF ANY NATURE WHATSOEVER EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES YOU HAVE PAID LINDER ACADEMY IN THE TWELVE MONTH PERIOD PRIOR TO THE DATE WHEN SUCH CLAIM ACCRUED OR ONE HUNDRED ($100) DOLLARS.

Linder Academy intellectual property
Linder Academy, the Linder Academy logo, and other Linder Academy logos and names are trademarks and/or servicemarks of Linder Academy AB. You agree not to display or use these trademarks and/or servicemarks in any manner without our prior written permission. You also agree not to remove or modify any Linder Academy copyright, patent or trademark notices or any Linder Academy trademarks from any Linder Academy web page or other electronic or hardcopy materials in which such notice or trademark is present.

This Agreement grants you a limited non-exclusive, non-transferable, terminable, restricted license to use our Products and Services solely for your own use, subject to all the terms of this Agreement, including but not limited to our right to revoke that license at any time as provided in this Agreement.

You agree that we own all intellectual property rights in all Linder Academy Products and Services, including but not limited to all intellectual property rights in all web pages, assessments, diagnostic tools, and other materials provided by or through Linder Academy, whether in electronic, hardcopy or any other form. Nothing herein or otherwise shall be construed to transfer any such ownership rights to you.

You shall not do any of the following: (i) copy or reproduce, whether in paper or electronic or other media, any Linder Academy Products and Services (or any part of them); (ii) modify any Linder Academy Products and Services or materials except for the data fields or prompts designed for input of data; (iii) create any derivative works of any Linder Academy Products and Services or materials; (iv) sell, lease, or sublicense any Linder Academy Products and Services or materials, (v) make any Linder Academy Products and Services or materials publicly available through a web site or other means; (vi) display or allow access to or use of any Linder Academy Products and Services or materials by persons or at facilities other than as authorized under an Agreement with Linder Academy; (vii) use any Linder Academy Products and Services or materials in a way that would violate a law or regulation or that would be contrary to its intended use; (viii) decompile disassemble, reverse engineer, modify or enhance any Linder Academy Products and Services or materials; or (ix) refer to or otherwise use any Linder Academy Products and Services or materials as part of any effort to develop a program having any functional attributes, visual expressions or other features similar to those of any Linder Academy Products and Services or materials.

We may utilize rules and controls to protect the security of our Products and Services and the online system through which they may be delivered, and you agree to comply therewith. These rules and controls are intended to protect our proprietary works, intellectual property, and other rights and interests. Your violation of any provision of this Agreement, including but not limited to any security rules or controls, is a material breach of this Agreement, and we may, in addition to any other legal remedy, immediately cease providing any or all Linder Academy Products and Services. You acknowledge that circumvention of any access controls is a violation and we may take any action permitted by law or equity to enforce our rights thereunder or otherwise. All rights and remedies provided to us in this or any other part of this Agreement are cumulative and are in every case in addition to all other rights and remedies provided to us under law, equity, or otherwise.

Send any questions or comments, or report violations of this Agreement to:
Linder Academy AB
Sandhamnsgatan 25
115 60 Stockholm
Sweden

Governing law
In the unlikely event that Linder Academy has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Linder Academy claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The language to be used in the arbitral proceedings shall be English. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Linder Academy from seeking injunctive or other equitable relief from the courts as necessary to protect any of Linder Academy's proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LINDER ACADEMY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that these Terms are governed by the internal substantive laws of Sweden, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Invalidity
If any part of this Agreement or application thereof is ever held to be invalid, then it shall be deemed modified to the extent necessary to make it valid and as best to advance the spirit of the Agreement, and any such invalidity or modification shall not affect any other part or application of this Agreement.

Force majeure
Neither party shall be responsible for delays or failures in performance resulting from acts reasonably beyond the control of that party.

Successors & assigns
This Agreement is binding upon the parties and their respective successors and permitted assigns. You shall not assign this Agreement, in whole or in part. We may assign this Agreement, in whole or in part, and you hereby consent to any such assignment.