White Paper & Download License

Agreement to Our Legal Terms

Acceptance and Scope

We are Taylor Pearson Consulting LLC (“Company,” “we,” “us,” “our“), a company registered in the state of Illinois, United States in Oak Brook. We operate the website https://www.taylorpearsonconsulting.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“). The website provides information about Taylor Pearson Consulting services and events and provides a portal to the Capital Excellence, Technical Excellence, and Team Excellence blogs and white papers related to capital and technical project excellence and high-performing teams. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Taylor Pearson Consulting LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.

Our Services

Jurisdiction and Compliance

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Intellectual Property Rights‍ ‍

Our Content and Your Use‍ ‍

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only. Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services via the website solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request through the contact information in Section 28. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You are responsible for what you post or upload and must ensure your Submissions comply with all prohibited activity rules, are original or properly licensed, and do not constitute confidential information. You are solely responsible for your Submissions and expressly agree to reimburse us for any losses resulting from a breach of this section.

User Representations

Representations and Warranties

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

User Registration

Account Management

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Product

Availability and Licensing

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. The purchase of a license to view white papers and download specific content is documented separately in the Digital Licensing Agreement for Taylor Pearson Consulting Excellence White Paper and Downloadable Content.

Purchases and Payment

Payment Terms and Processing

We accept credit cards, Link, and digital wallets such as Amazon Pay, Apple Pay, and Cash App Pay. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and promptly update your account and payment details as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time, and all payments shall be in US dollars. You agree to pay all charges at the prices then in effect and authorize us to charge your chosen payment provider. We reserve the right to correct pricing errors, refuse any order, and limit or cancel quantities purchased per person, per business, per institution, per household, or per order.

Subscriptions

Subscription Agreements

The subscription agreement is documented separately in the Subscription Agreement for Taylor Pearson Consulting Excellence Blog Content.

Refunds Policy

Refund Documentation

The refund policy is documented in the Digital Licensing Agreement for Taylor Pearson Consulting Excellence White Paper and Downloadable Content and the Subscription Agreement for Taylor Pearson Consulting Excellence Blog Content.

Software

Software License and Warranty

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If not, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and related documentation is provided “AS IS” without warranty of any kind, either express or implied. You accept any and all risk arising out of use or performance of any software and may not reproduce or redistribute it except in accordance with the EULA or these Legal Terms.

Prohibited Activities

Usage Restrictions

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. Users agree not to systematically retrieve data, defraud or mislead users, circumvent security features, disparage or harm us, harass others, make improper use of support services, violate laws, engage in unauthorized framing or linking, upload viruses or spam, use automated data mining tools, delete copyright notices, impersonate others, transmit passive collection mechanisms, interfere with network services, harass employees, bypass access restrictions, copy software code, reverse engineer software, launch spiders or scrapers, use buying agents, collect usernames for unsolicited email, or use the Services to compete with us or advertise goods and services.

User-Generated Contributions

Contribution Standards

The Services generally do not allow users to submit or post content, but may occasionally provide opportunities to create, submit, or post Contributions. When you make available any Contributions, you represent and warrant that you own or have the necessary rights to use them, they do not infringe third-party rights, they are not false, misleading, obscene, harassing, or threatening, and they comply with all applicable laws and regulations. Any violation may result in the termination or suspension of your rights to use the Services.

Contribution License

Data Usage and Ownership

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy. By submitting suggestions or feedback regarding the Services, you agree that we can use and share such feedback without compensation to you. We do not assert any ownership over your Contributions; you retain full ownership of all your Contributions and associated intellectual property rights, and you are solely responsible for them.

Third-Party Websites and Content

External Links and Disclaimers

The Services contain links to other websites (“Third-Party Websites”) as well as articles, text, graphics, pictures, designs, and other content belonging to or originating from third parties (“Third-Party Content”). We do not investigate, monitor, or check Third-Party Websites or Content for accuracy or completeness, and we are not responsible for them. Inclusion of or linking to any Third-Party Websites or Content does not imply our approval or endorsement. If you leave the Services to access Third-Party Websites or use Third-Party Content, you do so at your own risk and subject to their respective terms and policies.

Services Management

Operational Controls

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, take appropriate legal action against violators, refuse or restrict access to any Contributions, remove excessive files, and otherwise manage the Services in a manner designed to protect our rights and property and facilitate proper functioning.

Privacy Policy

Data Protection and Hosting

We care about data privacy and security. Please review our Privacy Policy at http://www.taylorpearsonconsulting.com/privacypolicy. By using the Services, you agree to be bound by our Privacy Policy. Please be advised that the Services are hosted in the United States, and by continuing to use the Services from other regions, you expressly consent to the transfer and processing of your data in the United States.

Term and Termination

Duration and Account Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including for breach of these Legal Terms or any applicable law. We may terminate your use or participate in the Services or delete your account and any posted content at any time without warning.

Modifications and Interruptions

Service Changes and Downtime

We reserve the right to change, modify, or remove the contents of the Services at any time or discontinue all or part of the Services without notice. We cannot guarantee the Services will be available at all times due to maintenance, hardware, or software issues, and we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access the Services during downtime.

Governing Law

Applicable Jurisdiction

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations and Binding Arbitration

To expedite resolution and control costs, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating binding arbitration. If unable to resolve through informal negotiations, Disputes will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Arbitration will take place in DuPage County, Illinois. Any arbitration shall be limited to the Dispute between the Parties individually, prohibiting class-action procedures. Exceptions to arbitration include intellectual property protection, claims of theft or piracy, and requests for injunctive relief.

Corrections

Typographical Errors

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.

Disclaimer‍ ‍

As-Is Availability‍ ‍

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES.