Terms of Use

Your use of The LMSL’s websites specifies that you agree to comply with these Terms. Every time you use LMSL’s websites, you confirm your agreement with these Terms.

The content available through The LMSL ’s websites is the sole property of The LMSL Pty. Ltd. (“LMSL”), and it is protected by copyright, trademark and other intellectual property laws.

Unless otherwise explicitly agreed in writing, LMSL owned content received through The LMSL’s websites may be displayed, downloaded and printed for your personal, non-commercial use only, through the means of your home or office computer. You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or circulate, or in any way disclose the information received through LMSL’s websites to anyone, without LMSL’s prior written consent.

All information published on LMSL’s websites should be treated as private and confidential and the publication of such information on LMSL ’s websites does not specify that this information is in the public domain. Such information may not be disclosed without the express written permission of LMSL . Any reproduction, retransmission, distribution, selling, publishing, broadcasting or circulating of the information received through LMSL’s websites, without explicit written permission from LMSL, will be considered illegal and prosecuted as such

Your use of The LMSL’s websites specifies that you agree to comply with these Terms. Every time you use LMSL’s websites, you confirm your agreement with these Terms.

The content available through The LMSL ’s websites is the sole property of The LMSL Pty. Ltd. (“LMSL”), and it is protected by copyright, trademark and other intellectual property laws.

Unless otherwise explicitly agreed in writing, LMSL owned content received through The LMSL’s websites may be displayed, downloaded and printed for your personal, non-commercial use only, through the means of your home or office computer. You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or circulate, or in any way disclose the information received through LMSL’s websites to anyone, without LMSL’s prior written consent.

All information published on LMSL’s websites should be treated as private and confidential and the publication of such information on LMSL ’s websites does not specify that this information is in the public domain. Such information may not be disclosed without the express written permission of LMSL . Any reproduction, retransmission, distribution, selling, publishing, broadcasting or circulating of the information received through LMSL’s websites, without explicit written permission from LMSL, will be considered illegal and prosecuted as such. 

Definitions

  1. DESCRIPTION OF SERVICE AND ACCEPTANCE
  2.  Life Management Science Labs’ websites are online platforms for life management knowledge integration, the sole property of LMSL(“The Life Management and Science Labs”). In order for all of our users to enjoy LMSL websites, LMSL requires all users to agree to the terms and conditions described in these Terms of Use (“Terms of Use” or “Terms”). By visiting LMSL’s websites, or using any of The Life Management and Science Labs services, you are accepting these Terms. Please take a moment to carefully read through these Terms, as they contain important information regarding your legal rights and obligations, with the use of LMSL’s websites. If you have any questions or comments about these Terms, please contact us via email at [email protected].

CHANGES TO THE TERMS OF USE BY LMSL

LMSL may change these Terms of Use at any time without notice, and such change shall be immediately effective upon posting the new terms on the LMSL.org website at https://LMSL.org/terms-and-conditions/. Any visit to LMSL’s websites or use of LMSL services by you after the new terms are posted will indicate your agreement to such change.

  1. ACCESS AND USE of LMSL’s Services

 The Content. LMSL’s websites include a combination of content developed by our editorial team and content created and posted by users of the site (the “content”). All the content on LMSL’s websites is protected by the copyright of LMSL and other content providers. Materials uploaded to LMSL’s websites may be subject to posted limitations on usage, reproduction, and/or dissemination. If you download or upload such materials, it is up to you to follow these rules.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on LMSL’s websites, in whole or in part, outside of the express usage rights granted to you by each license. If you download or print a copy of something from an LMSL website for your own use, you must keep all copyright and other proprietary notices. You are not permitted to use, copy, or download any of the “premium content” on the sites; your right to access such premium content is only limited. You are prohibited from using LMSL’s services in a way that:

  • violates the rights of any third part including such third party’s patents or patentable inventions, trademarks, trade secrets, copyright, publicity or other proprietary or intellectual property rights;
  • uses any unauthorized means to access LMSL’s Services;
  • accesses The LMSL’s Services through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of LMSL’s Services);
  • attempts, whether successfully or not, to introduce viruses, malware, spyware, trojans or any other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • attempts to damage, disable, overburden, impair, or gain unauthorized access to LMSL’s servers, or computer network, LMSL’s websites or user accounts;
  • attempts to collect personally identifiable information from LMSL’s websites; involves conduct that is a criminal offense in your country, encourages conduct that would constitute a criminal offense, or that gives rise to civil liability of any kind;
  • violates these Terms, guidelines or any policy posted on LMSL’s websites.

No Spam/Unsolicited Communications. No one may use LMSL’s services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of unsolicited bulk mail, spam, or other unsolicited communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

Suspension/Discontinuation. We hope not to, but we may find it necessary to change, suspend, or discontinue—temporarily or permanently—some or all LMSL’s Services, at any time without notice. It is important that you understand that LMSL will not be liable to you for any modification, suspension, or discontinuance of the http://lifemanagementscience.org/ services.

  1. ACCOUNTS

4.1. Account security

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any site. You are responsible for all activity on your account, including unauthorized use by any third party. You must not share your password with any third party. Please contact us at [email protected] with the subject line: “Account Security Breach” as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

Access to many sections of the site is restricted to paying members, to whom we issue usernames and passwords. You are not authorized to access any restricted areas unless you have received a password from us. You may not use another person’s password to access the sites.

Whenever we ask you to identify yourself, or for other personal information, you agree to provide truthful, accurate, current, and complete information, and to keep this information current and accurate throughout the time you remain a Member. You also represent and warrant that you have obtained all necessary consents, approvals, and authorizations to provide the personal information to us, and that you are not violating any laws, rules, or regulations or the rights of any individual or entity, by providing such personal information. You acknowledge and agree that by providing personal information in your profile, some information, including your name, business or personal email address, job title, organization, organization’s physical address, direct telephone number, photograph, and biographical details, may be available for viewing by other Members through our services, such as our Community Areas. By agreeing to these Terms of Service, you authorize us to make your information available in this way.

4.2. Termination

You may terminate your account by contacting us at [email protected] with the subject line: “Account Termination Request”. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to close your account or stop you from using LMSL’s services at any time, without warning or responsibility, if LMSL decides, in its sole and absolute discretion, that you have broken these Terms of Use, broken a law, rule, or regulation, or done something else wrong. We also reserve the right to close your account or stop you from using The LMSL’s services if you cause our networks or servers to work too hard. If we terminate these Terms under this paragraph, you will forfeit any right to a refund of the fees and charges you have paid to us.

4.3. Acceptable user conduct

If we find out that you have broken the law or these Terms of Service, we may limit, suspend, or end your access to LMSL’s websites without telling you. Without limiting the foregoing, you agree not to:

  • register for more than one user account, register for a user account on behalf of an individual other than yourself, or impersonate any other person or entity when registering for an account or otherwise using LMSL’s websites;
  • delete or revise any material or other information of any other member or LMSL ;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • solicit LMSL’s website members or guests to join outside Sites or online Sites or organizations.

You also agree that you will only use the interfaces we give you to get to LMSL’s websites and that you will not break or try to break the security of the Sites in any way, including, but not limited to:

  • attempting to interfere with service to any user, host, or network;
  • accessing data not intended for you or logging into a server or account that you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
  • taking any action that could have the effect of damaging LMSL’s websites or their security, or interfere with other users’ use of the Sites, including by imposing an unreasonable or disproportionately large load on LMSL’s websites’ infrastructure;
  • using any device, software or routine to interfere or attempt to interfere with the proper working of LMSL’s websites or any activity being conducted on LMSL’s websites other than through the search engine and search agents available from us on LMSL’s websites and other generally available third-party providers (e.g., Google, MSN);
  • using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, or collect data from LMSL’s websites other than the search engine and search agents available from us on LMSL’s websites and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer);
  • attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Sites;

Violations of system or network security may result in civil or criminal liability. According to this Terms of Service agreement, we will look into users who break these rules and work with law enforcement to bring them to justice.

4.4. Limitations on Access to Content

To protect the content on LMSL’s websites, including the content in Restricted Areas, we may limit access to our content for some users. To protect the content on LMSL’s websites, including the content in Restricted Areas, we may limit access to our content for some users. For example, we might put a limit on how many document examples a user can view and download from LMSL’s websites to prevent them from being shared without permission. If you try to view or download more than the set number of KPI examples, we may lock your account and stop you from accessing any more content. We’ll let you know if your account is locked, and you’ll be able to ask us to unlock it by emailing us at [email protected] or through another method we may set up.

We may also use a technology called “digital rights management” to limit how you can use content you download from LMSL’s websites. This is done to prevent content from being shared without permission. This technology may make it hard for you to move content between computers or share it with other people, and you agree that any technological restrictions we put in place will affect how you use that content. However, your use of content distributed on LMSL’s websites is subject to the restrictions on redistribution or reuse described above, even if we choose not to impose technological restrictions to prevent your violation of these Terms of Service.

  you wish to make a use of our content that is not permitted by these Terms of Service or by any technological restrictions we impose, you may contact us to describe your proposed use and ask for permission to use the content in the proposed manner, but you may not attempt to reverse-engineer or avoid any technological restrictions that we impose. If we grant permission to use our content in a manner that is inconsistent with these Terms of Service or with any technological restriction we impose, we must do so in writing.

  1. Collection and Use of Personal Information

For information about LMSL’s policies and practices regarding the collection and processing of your personal identifiable information, please read the Privacy Policy located at: https://lifemanagementsciencelabs.com/privacy-policy. The privacy policy is linked to in these terms, making it a part of them. Terms. Thus, by agreeing to these Terms, you agree that your presence on LMSL’s websites and use of LMSL’s services are governed by the Privacy Policy in effect at the time of your use.

  1. COOKIE POLICY

For information about LMSL’s Cookie Policy and details on how cookies help us learn more about the way you interact with our content and help us improve your experience when visiting LMSL’s websites, please read the Cookie Policy located at: https://lifemanagementsciencelabs.com/cookie-policy. The cookie policy  is incorporated by reference and made part of these terms. By agreeing to these Terms, you agree that your use of LMSL’s websites and services is governed by the Cookie Policy in place at the time of your use.

  1. USER COMMENTS, REVIEWS AND OTHER MATERIAL

Your Posts.
As part of LMSL’s services, users may have the opportunity to publish, transmit, submit, or otherwise post reviews, comments, or other materials.

You must not post information that: (a) is not suitable for or within the scope of the subject; or (b) improperly claims the identity of another person. You are not obliged to provide personal information as part of your post, and it is your choice whether to post personally identifiable information, such as your full name, email address, telephone number, or street address.

You agree to pay for all royalties, fees, and other payments owed to any third party because of any posts you make. LMSL may, in its absolute discretion, remove all parts of your posts without notifying you if it is advised that they infringe a third person’s intellectual property rights or other rights. You understand that LMSL does not guarantee any confidentiality with respect to any information posted, and you should assume that your posts will be available in the public domain. 

Third-party posts Despite these restrictions, please be aware that some material, contributions, or posts provided by users (“User Material”) may be objectionable, unlawful, inaccurate, or inappropriate. LMSL does not endorse user material. User material that is available on LMSL’s websites does not reflect the opinion or policies of LMSL’ LMSL never takes any responsibility or liability for user content, and you agree to give up any legal or fair rights or remedies you may have against LMSL in relation to user content. If you are aware of any inappropriate user material, please notify us by using the “report post” button or contacting us with the subject line: “Inappropriate User Material.”

  1. LINKED WEBSITES AND ADVERTISING

Third-party websites If we link to or point to other websites, you shouldn’t think or assume that LMSL runs, controls, supports, endorses, or is in any way connected to these sites. When you click on a link within LMSL’s services, we won’t tell you that you’ve left the site and are now subject to the terms and conditions (including privacy policies) of the destination website.
  In some cases, it may be less obvious than in others that you have left one site and reached another. Please make sure to read a website’s terms of service and privacy policy before you give out any private information or do any transactions. You cannot rely on these terms for your use of any other website.

LMSL’s websites.
By using LMSL’s services, you agree that LMSL is not responsible or liable for any content or other materials hosted and served from any third-party website or for your use of any other website, even if it is linked to from one of LMSL’s websites.

Advertisements. LMSL is not liable for any advertisements or third-party material posted on any of LMSL’s websites, or for the products or services provided by such advertisers. You agree to waive any legal or equitable rights or remedies you may have against LMSL with respect to such advertisers, products, or services.

  1. TRADEMARKS

www.lifemanagementsciencelabs.com, https://lmsl.net, http://ilms.org, http://lifemanagementscience.org/ and www.performancemagazine.org, and all extensions related to these web domains, as well as other LMSL related marks, graphics, logos, scripts, and sounds, are trademarks of LMSL. Without LMSL’s written permission, no trademarks or logos can be copied, downloaded, or used in any other way.

  1. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION

You agree that use of LMSL’ Services is done at your own risk. LMSL’ websites, the content, user material and any other materials and information contained on or provided through our websites, are provided “as is,” and, fully permitted by law, and they are provided without warranties of any kind, either express or implied. Without limiting the foregoing, LMSL does not make any warranties of fitness for a purpose, or that LMSL’s services will be uninterrupted, free of viruses or other harmful components, accurate, error free or reliable.

In no event shall LMSL, its affiliates, licensors, officers, directors, employees, or agents (collectively, “LMSL parties”) be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, income, or savings, arising out of or in any way related to the use of LMSL’s services (including any information, products, or services advertised in, obtained from, or provided through the sites), Certain laws in your state/country do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, but only to the extent prohibited by your country’s or state’s laws. You agree to defend, indemnify, and hold harmless LMSL parties from and against all liabilities, claims, damages, expenses (including reasonable attorney’s fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Terms and your use of LMSL’s Services.

  1. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other information provided through LMSL’s Services, including through a link, infringes your copyright or other intellectual property rights, you should notify LMSL of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement which LMSL receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to LMSL ’s. You may also contact us by mail at:

The KPI Institute Pty. Ltd.

Life.lab Building

Suite 606, 198 Harbour Esplanade

Melbourne Docklands, Victoria – 3008

Australia

T: +61 3 9670 2979

F: +61 3 8677 6519.

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant intellectual property right;
  • a description of the work or intellectual property right that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on LMSL ’s websites that is reasonably sufficient to enable LMSL to identify and locate the material;
  • how LMSL can contact you, such as your address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • 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.
  1. GENERAL INFORMATION

Export Controls. Software and the transmission of applicable technical data, if any, in connection with LMSL’ websites are subject to export controls. You agree to follow all laws that apply to software and the export of technical data from the United States or the country where you live.

Choice of Law. This Agreement will be governed by the laws of the State of Victoria in Australia. This is true even if the law of another state or country would be more appropriate.

No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know via email at [email protected] (subject line: “TOU Violation”). LMSL‘s response in one situation cannot be relied upon as any indication of what LMSL might do with respect to a different party or a different situation at a different time. In addition, a waiver of any provision of these Terms of Use with respect to any user cannot be relied upon as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. LMSL’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

Integration, Amendment, and Severability. These Terms constitute the entire legal agreement between you and LMSL and governs your use of LMSL’s Services (but excluding any services, if any, that LMSL may provide to you under a separate written agreement), and completely replaces any prior agreements between you and LMSL in relation to LMSL’s Services. It may not be amended or varied by you except in a written signature by LMSL. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature.

These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions of these Terms.

  1. RETURN POLICY

Due to the nature of the content, online courses, premium content subscription, research reports and template purchases are not eligible for return or refund under any circumstances. The value of digital information products is in the data they contain, and once this data is accessed, it is considered as a used product.

However, for face-to-face courses, clients have the right for refund. We reserve the right to postpone or cancel the course if the minimum number of participants is not met, having the obligation to inform the customer upon any changes to the scheduled course edition. In the event that it becomes necessary to cancel or move a course, and the customer who already paid the fee cannot attend the new scheduled edition, the client has the right for refund within 14 working days.

If the client who registered cannot attend the course any longer, the course date being the same as the one for which the client registered, and the withdrawal is announced at least two weeks before the beginning of the course, through fax or e-mail, the attendance fee will be refunded, with $400 out of the total fee being retained for administrative expenditures. The attendance fee will not be refunded if the withdrawal from the course takes place less than two weeks before its starting date. If the client finds itself in the impossibility to attend after the registration process is already completed, the client may delegate another person to attend the course, without any further fees charged. If the client has confirmed and made the attendance fee payment, but the client did not attend the course, the attendance fee will not be refunded.

Purchases made from REED.co.uk

Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a “Cancellation Period”. Note that if you redeem your voucher, access the course content or any other digital information products from your order during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it. The value of digital information products is in the data they contain, and once this data is accessed, it is considered as a used product and no longer eligible for a refund.

If you have any questions or doubts, please contact us via the Contact Us page.
http://www.lifemanagementsciencelabs.org/contact-us

TERMS OF USE (PREMIUM CONTENT)

  1. INCORPORATION OF TERMS

1.1. Incorporation of Terms

(a) These Premium Content Terms are additional and supplementary to the Terms.

(b) In the event of an inconsistency between these Premium Content Terms and the Terms, these Premium Content Terms will prevail.

  1. TERMS OF ACCESS

2.1. Ownership of the Websites

LMSL’s websites and all their extensions are owned and operated by LMSL.

2.2. Access to Premium Content

(a) Access to the Premium Content is conditional upon acceptance of these Premium Content Terms by you.

(b) By subscribing to the Premium Content Service, you are accepting these Premium Content Terms.

  1. OWNERSHIP AND USE OF PREMIUM CONTENT (available to Affiliate, Associate and Full Members)

3.1. Ownership of Premium Content

The Premium Content, together with all Intellectual Property comprised in the Premium Content, is owned or licensed by LMSL.

3.2. Prohibition on use of Premium Content

Other than as permitted under clauses 3.3, 3.4 and 3.5, you may not use the Premium Content for any purpose, including but not limited to:

(a) the reproduction of the Premium Content in any material form;

(b) the distribution of the Premium Content in any material form;

(c) re-transmission of the Premium Content by any medium of communication; or

(d) uploading or re-posting the Premium Content to any other site accessible via the internet.

3.3. Permitted use of Premium Content for non-commercial purposes

Notwithstanding clause 3.2, you and your employees may download, reproduce, use and refer to the Premium Content:

(a) for non-commercial purposes;

(b) in connection with the internal management and monitoring of your organization, provided that the Intellectual Property Notices are not removed from the Premium Content in any such downloaded, reproduced, used or referenced version of the Premium Content;

(c) you do not provide a copy of the Premium Content or any part of the Premium Content to any third party.

3.4. Permitted use of Premium Content for commercial purposes

Notwithstanding clause 3.2, you may use the Premium Content for commercial purposes, provided that:

(a) you have a signed contract / partnership between you and LMSL, specifying the exact conditions under which you may download, reproduce, use and refer to the Premium Content for commercial purposes;

(b) you do not remove any Intellectual Property Notices from the Premium Content.

3.5. Permitted use of Premium Content for other purposes

Notwithstanding clause 3.2, and in addition to the permitted uses of the Premium Content allowed pursuant to clauses 3.3 and 3.4, you and your employees may download, use, reproduce, refer to, copy or publish the Premium Content or a part of the Premium Content for a purpose provided that:

(a) you have received prior written permission from LMSL to such download, use, reproduction, reference, copying or publication of the Premium Content for that purpose; and

(b) the download, use, reproduction, reference, copying or publication of the Premium Content or part of the Premium Content contains adequate attribution of LMSL, the content of which attribution is to be determined by LMSL at its discretion on a case by case basis.

  1. GENERAL

4.1. Statutes not to abrogate Premium Content Terms

Unless application is mandatory by law, no statute, ordinance, proclamation, rule, order, regulation, moratorium or decree of any governmental or other authority, present or future, will apply to these Premium Content Terms so as to abrogate, extinguish, impair, diminish, fetter, delay or otherwise prejudicially affect any rights, powers, remedies or discretions given or accruing to LMSL under these Premium Content Terms.

4.2. No waiver

No failure or delay by LMSL to exercise any power, right or remedy under these Premium Content Terms will operate as a waiver of that power, right or remedy.

4.3. Governing law and submission to jurisdiction

These Premium Content Terms will be construed in accordance with the law of the State of Victoria, Australia.

  1. DEFINITIONS AND INTERPRETATION

5.1. Definitions

In these Premium Content Terms, unless the contrary intention appears:

(a) “Business Day” means any day that is not a Saturday, a Sunday or a public holiday in Melbourne, Victoria.

(b) “commercial purpose” means a purpose intended to generate or which has the effect of generating financial gain, return or profit for you.

(c) “The KPI Institute” means The KPI Institute Pty Ltd ABN 18 109 262 366.

(d) “Intellectual Property” means any business names, copyright, patents, trademarks, service marks, trade names, designs, and similar industrial, commercial and intellectual property (whether registered or not and whether protected by statute or not and including formulae and know-how).

(e) “Intellectual Property Notices” means all proprietary notices, logos, copyright notices, trademarks, terms of use, disclaimers, hyperlinks, written statements and other notices affixed to or contained in the Intellectual Property confirming, advising as to or referring to LMSL’s ownership of the Intellectual Property.

(f) “Premium Content” means the additional content made available by LMSL to you in consideration for the payment of a fee.

(g) “Premium Content Service” means the subscription service by which you can access the Premium Content.

(h) “Premium Content Terms” means these terms of use.

(i) “reproduce” means to replicate a part of the Premium Content, whether in its original form, or in an amended version of its original form such that there remains a substantial degree of objective similarity between the Premium Content and the amended version.

(j) Terms” means the terms of use located at http://www.lifemanagementsciencelabs.org/terms-of-use

(k) “Website” means the website located at: https://lifemanagementsciencelabs.com, http://ilms.org/, http://lmsl.net/, www.kpiinstitute.org, and all extensions related to these web domains. The https://lifemanagementsciencelabs.com  website has the largest number of extensions, being the core company website.
Such extensions include, but are not limited to: http://personal.lifemanagementsciencelabs.com/, http://relationship.lifemanagementsciencelabs.com/, http://family.lifemanagementsciencelabs.com, http://parenting.lifemanagementsciencelabs.com, http://householdmgmt.lifemanagementsciencelabs.com, http://homeorganization.lifemanagementsciencelabs.com, http://resilience.lifemanagementsciencelabs.com, http://productivity.lifemanagementsciencelabs.com, http://happiness.lifemanagementsciencelabs.com, http://wellbeing.lifemanagementsciencelabs.com, http://insights.lifemanagementsciencelabs.com.

(l) “you” means the party seeking to access and use the premium content.

5.2. Interpretation

(a) Words importing the singular include the plural, and vice versa. Any gender includes the other genders. Any reference to a person includes a reference to a corporation, firm, authority, government or governmental agency.

(b) A reference to legislation or to a legislative provision includes all regulation, orders, proclamations, notices or other requirements under that legislation or legislative provision. It also includes any amendments, modifications or re-enactments of that legislation or legislative provision and any legislation or legislative provision substituted for, and any statutory instrument issued under, that legislation or legislative provision.

(c) The clause headings in these Premium Content Terms are for reference purposes only and do not in any way influence or affect the meaning of these Premium Content Terms.

(d) A reference to any deed, agreement, license, document or other instrument (including these Premium Content Terms) includes a reference to that deed, agreement, license, document or other instrument as renewed, extended, novated, varied or substituted from time to time.

(e) A reference to any party to these Premium Content Terms or to any other deed, agreement, license, document or other instrument required under these Premium Content Terms or for the purposes of these Premium Content Terms includes that party’s executors, administrators, substitutes, successors and permitted assigns.

(f) Where under or pursuant to these Premium Content Terms or anything done under these Premium Content Terms the day on or by which any act, matter or thing is to be done is not a Business Day, such act, matter or thing is to be done on the immediately succeeding Business Day.

(g) References to clauses are references to clauses of these Premium Content Terms.

(h) A reference to winding up or bankruptcy includes bankruptcy, winding up, liquidation, dissolution, becoming an insolvent under administration and to the circumstances and events giving rise to or contributing to such condition or matters.

TERMS OF USE (TEMPLATE)

  1. TERMS OF ACCESS

1.1. Access to Template

(a) Access to the Template is conditional upon acceptance of these Template Terms by you.

(b) By downloading the Template, you are accepting these Template Terms.

  1. INTELLECTUAL PROPERTY

2.1. Ownership of the sites

The Intellectual Property Rights are and will remain the exclusive property of LMSL.

2.2. Prohibition on infringement

You agree not to:

(a) contest, challenge or attack in any way or procure or encourage any third party to challenge or attack in any way the validity or any other aspect of the Template or the Intellectual Property Rights;

(b) oppose any application by LMSL to IP Australia (or an equivalent office in any country) for the registration of or an extension of term of registration of the Intellectual Property; or

(c) infringe or procure or encourage any third part to infringe the Intellectual Property Rights.

2.3. Infringement of Intellectual Property

If you become aware of an infringement or suspected infringement of the Intellectual Property Rights by you or by any third party, you must notify LMSL immediately upon or as soon as practicable after becoming aware of such infringement or suspected infringement.

  1. USE OF TEMPLATE

3.1. Prohibition on use of Template

Other than as permitted under clause 3.2, you may not use the Template, or any document based upon or including the Template for any purpose, including but not limited to:

(a) the reproduction of the Template or any part of the Template in any material form;

(b) the distribution of the Template, any part of the Template, or any document based upon the Template in any material form;

(c) re-transmission of the Template, any part of the Template, or any document based upon the Template by any medium of communication;

(d) uploading or re-posting the Template, any part of the Template, or any document based upon the Template to any other site accessible via the internet; or

(e) the commercialization of the Template, any part of the Template, or any document based upon the Template.

3.2. Permitted use of the Template for non-commercial purposes

Notwithstanding clause 3.1, you and your employees may download, reproduce, use, make copies, refer to, and adapt the Template:

(a) for non-commercial purposes; or

(b) in connection with the internal management and monitoring of your organization,

provided that the Intellectual Property Notices are not removed from the Template in any such downloaded, reproduced, used, copied, referenced or adapted version of the Template.

3.3. Permitted use of the Template for other purposes

Notwithstanding clause 3.1, and in addition to the permitted use of the Template allowed pursuant to clause 3.2, you and your employees may download, reproduce, use, copy, refer to, adapt or publish the Template a part of the Template, or a document based upon the Template for a purpose provided that:

(a) you have received prior written permission from LMSL to such download, reproduction, use, copying, referencing, adaptation or publication of the Template for that purpose; and

(b) the download, reproduction, use, copying, referencing, adaptation or publication of the Template, part of the Template, or document based upon the Template contains adequate attribution of LMSL, the content of which attribution is to be determined by LMSL at its discretion on a case by case basis.

  1. WARRANTIES, LIABILITIES AND INDEMNIFICATION

4.1. Exclusion of warranties

(a) Other than as set out in these Template Terms, LMSL makes no express warranties or representations in respect of the Intellectual Property Rights or the Template.

(b) To the extent permitted by law, LMSL excludes all implied warranties in respect of the Intellectual Property Rights to the Template that would otherwise be implied by law.

4.2. Exclusion of liability

To the extent permitted by law, LMSL excludes all liability for any damage, whether direct, indirect, special or consequential, arising in any way out of the use of or in connection with the Intellectual Property Rights or the Template.

4.3. Limitation of liability

Where clause 4.3 cannot legally operate, and to the extent permitted by law, LMSL’s liability for any breach of any warranty or any term implied by law is limited to:

(a) in the case of services, the cost of having the services supplied again; and

(b) in the case of goods, the lowest of the cost of replacing the goods, acquiring equivalent goods or having the good repaired.

4.4. Indemnification

You agree to indemnify LMSL on a full indemnity basis against all losses, liabilities, costs, claims, demands and expenses arising directly or indirectly because of, or in connection with any breach or alleged breach by you of these Template Terms or your use of the Template.

  1. GENERAL

5.1. Statutes not to abrogate Template Terms

Unless application is mandatory by law, no statute, ordinance, proclamation, rule, order, regulation, moratorium or decree of any governmental or other authority, present or future, will apply to these Template Terms so as to abrogate, extinguish, impair, diminish, fetter, delay or otherwise prejudicially affect any rights, powers, remedies or discretions given or accruing to LMSL under these Template Terms.

5.2. No waiver 

No failure or delay by LMSL to exercise any power, right or remedy under these Template Terms will operate as a waiver of that power, right or remedy.

5.3. Governing law and submission to jurisdiction

These Template Terms will be construed in accordance with the law of the State of Victoria, Australia.

  1. DEFINITIONS AND INTERPRETATION

6.1. Definitions

In these Template Terms, unless the contrary intention appears:

(a) “Business Day” means any day that is not a Saturday, a Sunday or a public holiday in Melbourne, Victoria.

(b) “commercial purpose” means a purpose intended to generate or which has the effect of generating financial gain, return or profit for you.

(c) “The KPI Institute” means The KPI Institute Pty Ltd ABN 18 109 262 366.

(d) “Intellectual Property” means any business names, copyright, patents, trademarks, service marks, trade names, designs, and similar industrial, commercial and intellectual property (whether registered or not and whether protected by statute or not and including formulae and know-how).

(e) “Intellectual Property Notices” means all written statements and other notices affixed to or contained in the Intellectual Property confirming, advising as to or making reference to The LMSL’s ownership of the Intellectual Property.

(f) “Intellectual Property Rights” means all rights in and to the Intellectual Property contained in or related to the Template and any improvements or modifications to the whole or any part of the Template together with all goodwill attached to the Template.

(g) “reproduce” means to replicate a part of the Template, whether in its original form, or in an amended version of its original form such that there remains a substantial degree of objective similarity between the Template and the amended version.

(h) “Template” means the template to be made available by LMSL to you in consideration for the payment of a fee.

(i) “Template Terms” means these terms of use.

(j) “you” means the party seeking to access and use the Template.

6.2. Interpretation

(a) Words importing the singular include the plural and vice versa. Any gender includes the other genders. Any reference to a person includes a reference to a corporation, firm, authority, government or governmental agency.

(b) A reference to legislation or to a legislative provision includes all regulation, orders, proclamations, notices or other requirements under that legislation or legislative provision. It also includes any amendments, modifications or re-enactments of that legislation or legislative provision and any legislation or legislative provision substituted for, and any statutory instrument issued under, that legislation or legislative provision.

(c) The clause headings in these Template Terms are for reference purposes only and do not in any way influence or affect the meaning of these Template Terms.

(d) A reference to any deed, agreement, license, document or other instrument (including these Template Terms) includes a reference to that deed, agreement, license, document or other instrument as renewed, extended, novated, varied or substituted from time to time.

(e) A reference to any party to these Template Terms or to any other deed, agreement, license, document or other instrument required under these Template Terms or for the purposes of these Template Terms includes that party’s executors, administrators, substitutes, successors and permitted assigns.

(f) Where under or pursuant to these Template Terms or anything done under these Template Terms the day on or by which any act, matter or thing is to be done is not a Business Day, such act, matter or thing is to be done on the immediately succeeding Business Day.

(g) References to clauses are references to clauses of these Template Terms.

Thank you for taking the time to read these Terms. By following these Terms, the experience will be better for all users. Enjoy LMSL ’ websites and services!