1. USE OF THE SITE
You agree to the following with regard to your use of the site and FranklinCovey services offered thereon:
- Unless you are participating in an area of the site that requires or encourages anonymity, use your real name in online communications.
- You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or programme which may be deemed indecent, obscene or pornographic.
- You may not post or transmit any message, data, image or programme that would violate the property rights of others, including unauthorised copyrighted text, images or programmes, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other users’ use of the site.
- You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.
- It is not the site's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views. However, you may not post or transmit any message which is harmful, threatening, abusive or hateful.
- You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the site for goods or services except in those areas (e.g. a classified bulletin board), if any, that are designated for such purpose.
- You may not list or send unsolicited mass emailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients.
- You may not use the facilities and capabilities of the service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
- You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the site in any manner not expressly allowed for herein.
- FranklinCovey controls the operation of this site from its UK Office, in Banbury, Oxfordshire, OX16 3JQ and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.
2. USE BY MINORS
The site is intended for use by adults only. In connection with the site, FranklinCovey does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of 13.
3. COPYRIGHT AND TRADEMARK; LICENSES
The entire contents of the site are protected under U.S. and international intellectual property laws. This site is the property of FranklinCovey. © 2008 FranklinCovey Co. All rights reserved.
FranklinCovey and its licensors are the sole and exclusive owners, throughout the world, of copyright and all rights of copyright in and to the site and materials contained thereon under the United States Copyright Act and international laws and conventions. Visitors may not copy, reproduce, or transmit any materials appearing in the site without the express prior written permission from the copyright owner(s).
You may print and download portions of material from the site solely for your own non-commercial use where permitted. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the site solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any site material, is strictly prohibited without the express written consent of FranklinCovey (see Use of FranklinCovey Material included below) or any third party information provider to the site. You agree not to change or delete any proprietary notices from materials downloaded from the site.
The FranklinCovey name and logo, and all related product and service marks and slogans are the service marks and trademarks of FranklinCovey. All other product and service marks contained on the site are trademarks of their respective owners. You may not use any FranklinCovey or third party trademarks, service marks or logos without the prior written consent of FranklinCovey or the third party trademark owner.
4. USER SUBMISSIONS
5. DISCLAIMER OF WARRANTIES
You understand FranklinCovey cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safeguard to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the Internet.
THE SITE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, FranklinCovey DISCLAIMS ANY WARRANTIES THAT THE SITE OR MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE ARE FREE OF DEFECTS, VIRUS FREE AND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO FranklinCovey IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATED THERETO.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. FranklinCovey does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site and any software made available on the site are provided on an "as is, as available" basis. The documents and related graphics published on this site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. FranklinCovey and/or its respective suppliers may make improvements and changes in the product(s) or the programme(s) described herein at any time.
Some links on this site may let you leave FranklinCovey's site. The linked sites are not under the control of FranklinCovey and FranklinCovey is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. FranklinCovey provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by FranklinCovey of the site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. FranklinCovey has no control over and accepts no responsibility whatsoever for such materials.
6. LIMITED LIABILITY/DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FranklinCovey BE LIABLE FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL) RELATING TO THE INFORMATION APPEARING ON THE SITE OR THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF FranklinCovey HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FranklinCovey DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS, AND CONDUCT OF ANY USERS AND ADVERTISERS AND/OR SPONSORS ON THE SITE. YOU AGREE THAT FranklinCovey SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH ADVERTISERS FOUND ON OR THROUGH THE WEBSITE, OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FranklinCovey'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR USING THE SERVICES OFFERED ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FranklinCovey'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software made available for use or download from this site ("Software") is protected under applicable intellectual property laws, including U.S. and international copyright law and is the property of FranklinCovey and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement").
The Software is made available for downloading solely for use by end users in accordance with the License Agreement. Any copying or reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited. The Software and other technology products are warranted, if at all, only according to the terms of the License Agreement. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FranklinCovey AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND OTHER TECHNOLOGY PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any Software downloaded from this site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Some Software from this site may be subject to export or re-export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea or Syria; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent that and warrant that you are not located in, or under the control of or a national of any such country or on any such list.
You agree to indemnify, defend and hold harmless FranklinCovey, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
You understand and agree that FranklinCovey may, in its sole discretion and at any time, terminate your username and password, any account created on the site, or use of any forum, and discard and remove any content posted or submitted by you to any forum, for any reason. FranklinCovey may also, in its sole discretion and at any time, discontinue any forum or limit or restrict any users access thereto, for any reason. You understand and agree that FranklinCovey may take any one or more of these actions without prior notice to you. Should FranklinCovey take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including information submitted for registration on the site and submitted content. YOU UNDERSTAND AND AGREE THAT FranklinCovey SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR ACCESS TO ANY FORUM AND/OR THE REMOVAL OF INFORMATION CONCERNING YOUR ACCOUNT.
10. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
FranklinCovey respects the intellectual property of others, and we ask our users to do the same. FranklinCovey may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been made available on the site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated in connection with the site, please provide FranklinCovey’s Copyright Agent the following information:
(1) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located within the Service;
(4) your address, telephone number and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent or the law; and
(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 or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
FranklinCovey’s Agent for Notice of Claims of copyright or other intellectual property infringement can be reached as follows:
Agent for Notice of Claims
FranklinCovey Europe Ltd
+44 (0) 1294 274100
Any prices advertised on this website are excluding VAT, unless otherwise stated.
B. Standard Terms of Sale
1. CORPORATE ON-SITE EVENTS/WORKSHOPS
Conditions of Booking
An individual who is authorised to make purchases on behalf of the company must authorise any booking for it to be accepted by the Company. By signing the associated agreement or contract the customer is confirming the booking on the date(s) specified by the customer as detailed within the agreement or contract, and has agreed to the standard terms and conditions of booking with FranklinCovey Europe Limited as stated on the agreement or contract. All prices quoted exclude Vat or other taxes where applicable at current prevailing rates. Differing terms and condition will only be applicable once approved in writing by FranklinCovey Europe Ltd.
Per Delegate Pricing
No's of delegates, if quoted on an agreement or contract, is the estimated class side for delivery. Notice of at least 7 days must be given prior to the start of each workshop for any changes in this number. For greater numbers, the prevailing charge as per standard FranklinCovey Europe pricing matrix is applicable. In all cases a minimum charge for 10 delegates is applicable to all corporate events/workshops.
For initial training activities for new customer, payment must be received no later than 10 days prior to the event commencing. For all future events a providing an agreed credit application has been accepted and limit applied a full vat invoice will be issued on completion of the event and must be paid 30 days thereafter as per FranklinCovey Europe Ltd standard terms & conditions.
Consultant and Expenses and Shipping
All training consultant expenses incurred in the completion of each training event/workshop will be recharged to the customer. For accommodation, subsistence and non-mileage travel costs at the level of expense incurred. Mileage costs will be recharged at £0.50 per mile. All shipping and handling charges incurred by FranklinCovey Europe Ltd for the dispatching or training materials used for each event/workshop order will be recharged to the customer at the current prevailing rates confirmed by FranklinCovey Europe Ltd upon acceptance of each booking.
If the certification fee shown on an agreement or contract is subject to a commitment to purchase a set quantity of delegate Participant Materials (as outlined within the respective license agreement), which is not met by the Client either with the purchasing of additional or the returning of materials then the full certification fee as per the published pricelist from FCE less any previous sum invoiced as a certification charge will become payable.
Once the booking is confirmed as above the following cancellation policy applies to the total price shown: 1-10 working days, 100%; 11-21 working days prior, 75%; 22-40 working days prior, 50%; 41+ working days prior, No Charge For any pre-course materials sent prior to a cancellation, an invoice will be raised unless returned unused within 10 working days of cancellation Should a confirmed date be postponed within 10 working days of the training commencing, a £850.00 per training day transfer fee will be charged. The new transfer event date must be rebooked within a 12 week period. If the transfer event is subsequently cancelled/postponed then the cancellation fee will be a minimum of 50% of the total event price.
2. PUBLIC EVENTS/WORKSHOPS
Conditions of Booking
A person authorised to make purchases on behalf of the company must sign each registration form. By signing, the customer confirms booking place(s) on the workshop on the dates specified within the registration form, and agrees to the following terms and conditions including all terms for cancellations and transfers. All prices quoted exclude VAT or other taxes where applicable at current prevailing rates.
Payment for all workshops must be received in full prior to the workshop taking place. For account customers, a pro-forma invoice will be sent if required and a VAT invoice will be issued on the first day of the workshop. Please note if paying by credit card in a currency other than sterling, rates finally charged may vary due to exchange rate differences.
Cancellations and transfers
FranklinCovey Europe Limited reserves the right to cancel public workshops without liability up to 14 days prior to the start date. Cancellations: If a delegate fails to attend a workshop without prior notice, no refund of the workshop fee will be given. If a delegate cancels the booking in advance a cancellation charge will be made dependent on the notice given as follows: 0-14 days prior, 100% of workshop fee 15-28 days prior, 50% of workshop fee; 28+ days prior, no charge. Transfers: If a client wishes to transfer participation in a confirmed workshop to a later date and the request is made less than 14 days before the start of the workshop, a transfer charge of 50% of the workshop cost will be made. For transfer requests made 15-28 days prior, the transfer charge is 25% of workshop cost. For all transfers the client must confirm a new booking within 4 weeks of the original date, and the replacement workshop must be within 12 weeks of the original date. A delegate can only transfer once; we reserve the right to treat a subsequent transfer request as a cancellation. As an alternative to a transfer or cancellation, another delegate may be substituted without penalty.
Other Costs:- All travelling and accommodation expenses are to be met by the delegate and are not the responsibility of FranklinCovey Europe Ltd. Any cancellation charges for accommodation are to be met by the delegate. Coaching programmes Payment in full is due on receipt of booking confirmation and is non-refundable. Changes to individual coaching session dates or times must be requested at least 48 hours in advance, otherwise the session will be lost.3. CORPORATE T3 LICENSED CLIENT MATERIALS
Conditions of Booking
Only customers which have an active Training License Agreement with FranklinCovey Europe Ltd are permitted to purchase licensed training materials for those training courses to which they are licensed and have active certified facilitators. Any and all materials supplied to the customer are on the understanding that they be used in accordance with the terms and conditions of said Training License Agreement. An individual who is authorised to make purchases on behalf of the company must authorise any booking for it to be accepted by FranklinCovey Europe Ltd. FranklinCovey Europe Ltd will accept any authorised order from the customer made by an authorised individual either in writing, via an offical agreement or purchase order. Upon acceptance of an order in this format FranklinCovey Europe Ltd will treat the respective order as confirmed by the customerin accordance to the standard terms and conditions of booking with Franklincvoey Europe Ltd. Differing terms and conditions will only be applicable once apprived by writing by FranklinCovey Europe Ltd.
Shipping & Handling
All shipping and handling charges incurred by FranklinCovey Europe Ltd in the completion of a licensed training materials order will be recharged to the customer at the current prevailing rates confirmed by FranklinCovey Europe Ltd upon acceptance of each order.
Providing an agreed credit application has been accepted and limit applied a full VAT invoice will be issued on completion of the event and must be paid 30 days thereafter as per FranklinCovey Europe Ltd standard terms & conditions. Where no agreed credit limit is in force then all licensed materials orders must be paid in advance of shipping.
FOB Shipping Point Terms
All licensed training materials are shipped FOB Shipping Point which is defined as the point at which title of goods transfers to the customer. In all cases, the customer bears the freight charges, owns the goods in transit and files all claims for loss and damage.
FranklinCovey Europe Ltd offers licensed training customer a full refund for unused training licensed materials returned within thirty (30) days of purchase. Customised licensed materials are not eligible for refund or cancelation once the customer's order has been accepted by FranklinCovey Europe Ltd. All materials carry an unconditional guarantee against any manufacturing defect for one (1) full year.
C. Use of FranklinCovey Material1. LICENSING
Multi-User licenses and other opportunities to purchase and use FranklinCovey copyrighted materials internally for training, teaching and dissemination are available by contacting FranklinCovey. To learn more about our licensing procedures, please call 01295 274100.
If you would like to use FranklinCovey materials other than for personal use on a limited basis, you must submit a completed Permission Request Form. FranklinCovey reviews each request on a case-by-case basis, and may or may not approve your request in its sole discretion. Please allow 4-6 weeks for your request to be processed.
If you are emailing your request from outside of the United States of America, please specify that it is an "International Permission Request" in the subject line to assist us in routing your request to the right person.
D. Other Information
1. UNSOLICITED SUGGESTIONS/FEEDBACK AND PRODUCT IDEAS
All unsolicited suggestions, feedback, and product ideas are submitted to FranklinCovey on a non-confidential basis. All submissions are subject to the User Submissions policy included above.
UNSOLICITED SUGGESTIONS/FEEDBACK: All suggestions may be submitted to firstname.lastname@example.org or contact 01295 274100.
UNSOLICITED PRODUCT IDEAS: FranklinCovey is not accepting new product proposals at this time.
For any additional questions concerning the terms specified on this page, contact FranklinCovey Legal Services or the FranklinCovey Webmaster:
Attn: Director of Legal Services
2200 West Parkway Boulevard
Salt Lake City, UT 84119
Fax: (801) 817-8197
FranklinCovey Europe Ltd
+44 (0) 1295 274100