Our Terms & Conditions have been updated to ensure that we, our customers, and clients are properly equipped to meet the demands of the latest EU personal data regulation (GDPR). Also find a new Data Processor Agreement which meets the demands of the GDPR.
Please do not hesitate to contact Abrige Corp., the entity operating 10x! and the 10xpeers.com website, at legal@abrige.com if you have any questions related to our terms & conditions or the GDPR. (The founder and President of Abrige Corp., Lori Michele Leavitt, leads the 10x! business & leadership private peer advisory group).
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Terms of Website Use, Application and Interview Process, and Membership Service
1. Introduction
1.1 This service agreement (“Terms”) govern your (“Client”) use, application, and membership access (“Service”) to the 10xpeers.com website.
1.2 The Terms are accepted by Client upon application.
1.3 The Service is available for commercial clients (business/organization leaders) only, not for consumers.
2. Service
2.1 The Service is accessible to Client at 10xpeers.com. The Service may, at Company discretion, incorporate Client name in the private Member area.
2.2 Subject to Client’s acceptance of and compliance with the terms and conditions of these Terms, Company grants to the Client a limited, non-exclusive, non-transferable and non-perpetual right to access and use the Service. Client is not allowed to install, copy, use or otherwise exploit the Service in any other manner than set forth in these Terms. All rights not expressly granted are reserved by Company.
2.3 Users of the 10xpeers.com Member Login area are 10x! members – only. No materials, comments, or other data placed into the Member area may be shared with non-members, unless expressly granted by the 10x! leader and the source of that data.
2.4 For Customers in EU and EEA countries, GDPR legislation prohibits sending e-mails to individuals who have not consented to receive such e-mails. The Client will be held solely responsible for any claims raised against the Company or any direct or indirect damage to the Company due to Client’s improper or illegal use of the Service.
2.5 For Clients in the U.S., the HIPAA Privacy Rule prohibits access to protected, individually identifiable, health information (PHI) other than is the minimum necessary to serve the individual. Client will be held solely responsible for any claims raised against the Company or any direct or indirect damage to the Company due to Client’s improper or use of PHI.
2.6 For Clients residing in countries with personal data protection laws other than noted in 2.4 and 2.5, compliance and any claims associated with these laws remains the sole responsibility of Client.
3. Support
3.1 Company will apply best efforts to reply to support queries by the next work day.
4. Data limits
4.1 If afforded the opportunity to upload images, documents, video or audio, Client agrees to remain within the size limits that will be stated on the website.
4.2 If the used amount of disk storage space exceeds this limit, Company may request that the data be archived or deleted, giving Client the opportunity to first re-save it on their end if they have not already done so.
5. Payment
5.1 Client shall pay membership fees in advance for the duration stated on the website or otherwise agreed to in writing between the 10x! group leader and Client. Any charges related to a custom consulting agreement outside of membership, will be made in accordance with the agreed-to price at purchase and with each renewal.
5.2 Company is entitled in its sole discretion to change prices for new memberships and renewals, including continuation of membership not already paid in advance or committed to in a written agreement between the 10x! group leader and Client. Changes will be notified in writing to Client no later than four weeks before such changes take effect. Changes are deemed accepted by Client unless Client terminates membership. Also see 6. Term and Termination.
5.3 Company pricing is based on the U.S. Dollar (USD) and must be received in full USD as invoiced or agreed on auto payment. All exchange, banking or other fees must be covered by Client above and beyond the amount to be received by Company.
5.4 For Clients who are invoiced, Client agrees to pay invoices such that Company receives payment no later than the due date of Company’s invoice. All Clients will also have a credit card on file with Company with authorization to use if payment is not received and membership has not been terminated.
5.5 If Company’s invoice is not duly paid by Client and received by Company, within a one week grace period, Company is entitled to suspend Client’s access to the Service. The suspended access does not release Client from an obligation to pay the invoice.
5.6 Client accepts to receive invoices and reminders sent by email or text message.
5.7 Company may add the appropriate sales tax, GST or VAT. The calculation and presentation of tax on each invoice will be based on laws applicable to Consulting/Coaching Service sold B2B (business-to-business). Company will make best efforts to charge the current and correct tax. All tax collected will be paid to the proper authority. Cliet agrees to confirm with Company that the tax shown on their invoice from Company is correct.
5.8 Customer agrees to provide any and all identifiers required for proper handling of sales tax, GST or VAT.
6. Term and termination
6.1 For 10x! Shift, the membership period is 6 months, which starts with the first meeting of the group they are in (group meeting start dates will vary). For 10x! Vision, the initial membership period is 12 months, unless otherwise agreed to in writing, and will be automatically renewed quarter by quarter unless Terminated, deferred, or set on different schedule by mutual agreement.
6.2 Company may terminate the membership agreement immediately if Client materially breaches the Terms.
6.3 In case of termination of the membership agreement, Client will not be allowed to access and use the Service. Client acknowledges and agrees that Company is entitled to delete Client as a user and terminate Client’s access without further notice.
6.4 Client agrees that initial membership fees will not be refunded in the case of termination if due to breach of Terms. This does not preclude an alternative written settlement between Client and Company.
6.5 Company will be held harmless from any legal claims and will communicate only with Client – the 10x! member, not a representative.
7. Data protection
7.1 Client owns the rights to any data it shares with 10x! and other 10x! members.
7.2 Client agrees to keep login ID and password to the Service protected from any unauthorized users or third parties. Client must be a 10x! member, and not a representative for that member.
7.3 Client agrees to ensure that any personal data provided by Client and used/shared in the Service is handled by Client in accordance with all applicable laws.
8. Assignment
8.1 Client may not assign its rights and obligations pursuant to the membership agreement to successor without the prior written consent of the Company. Such consent shall not be unreasonably withheld.
8.2. Client may not assign its rights and obligations to a third party.
9. Intellectual property rights
9.1 Company retains all intellectual property rights, including without limitation copyrights, patent rights, trademark rights, know-how, etc. in and to the Service and related services. Company does not assign, transfer or grant to Client any of Company’s intellectual property rights
9.2 Client is not allowed to show, assign, license, sell, rent out, lend out, hand over, or pass on the private Member Login area of the Service to a third party without the written consent of Company.
9.3 Client is not entitled to copy, reverse-engineer, disassemble, decompile, change or modify the Service.
9.4 Client is not entitled to change or remove any marks and notices concerning copyright, patents, trademarks or other rights placed on, applied to or otherwise implemented in the Service.
10. Limitation of liability
10.1 The liability of either party is subject to laws in the State of Washington U.S.A, save for the exceptions and limitations as expressly set out in these Terms.
10.2 Company will only be liable for the Service. In no event shall Company be liable for any other products or services provided by Client or third parties on behalf of Client.
10.3 Company will not be liable for any direct, indirect, punitive or other damages or losses, whether such damages or losses are caused by acts or omissions by Company attributable to the Company as negligent or incidental.
10.4 Neither party will be liable for non-performance of its obligations, other than failure to pay any amounts due, in the event that a situation arises beyond its reasonable control including failure or breakdown of telecommunications networks, strikes, infrastructure breakdowns, natural disasters, epidemics/pandemics, acts of terrorism, fires, floods, storms, sabotage, vandalism, damages caused by computer malware, hacking, war, civil wars, riots, nuclear disaster, etc. which such party could not have reasonably taken into account prior to the execution of these Terms.
11. Confidentiality
11.1 All confidential information, in any form, received by either party from the other party must be held in complete confidence by the receiving party.
11.2 Confidential information does not include information which (i) has already passed into the public domain other than through breach of this confidentiality obligation; (ii) has been received from an independent third party other than through breach of a confidentiality obligation; or (iii) Customer can demonstrate has been independently developed by that party prior to disclosure.
11.3 The termination of membership will not affect the parties’ obligations under this clause 11.
12. Governing law and venue
12.1 Client’s membership agreement, including these Terms, is governed by the State of Washington U.S.A.
12.2 Any dispute between Company and Client about the Services or related services, and the Terms, will be subject to the jurisdiction of the State of Washington U.S.A.