ELSE Inc. Implement Lean Store

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Conditions of Use

Please Read the following sections of this page as required.

This page was last updated on April 21, 2014.

Section A basic terms and conditions of the website and its use.

Section B Copyright Section and User License Restrictions.

Section C Edit Agreement (applies only to those who purchaser edit versions).

Scetion D ELSE Inc. Privacy Policy.

Section A

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

In downloading a free product, or paying for a priced product you have bought a license to use the product freely for Training or Educational Purposes (whether for personal profit or not) as many times as you wish. Provided, that you abide by all copyright requirements, as set out in the materials themselves, and/or on elseinc.com.

We do however ask that you abide by the following terms:

  • Where a tool or exercise references an original author, that this reference be visibly retained on the tool or exercise at all times.

  • That you retain the resources name on all pages of documents that have been downloaded for free.

  • The tools, templates and exercises listed on this site have all been authored, used and proven by our expert panel of contributors, which said, we cannot monitor how they are used in the hands of others and we accept no liability for any consequences of their use in the hands of our customers or their agents.

  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you (purchaser, user, or buyer), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
  2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, on elseinc.com copyright page, or in the materials, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
  3. Fraud. By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by ELSE Inc. in its sole discretion. If membership has been revoked, ELSE Inc. reserves the right to refuse application or readmission to the membership program.
  4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
  5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
  6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
  7. Nontransferable. Your right to use the Site or materials is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
  8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
  9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
  10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
  11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
  12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
  13. Privacy Policy. Please refer to our Privacy Policy, as it may change from time to time, as it is a part of this Agreement.
  14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that
    1. any credit card information you supply is true, correct and complete,
    2. charges incurred by you will be honored by your credit card company, and
    3. you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
  15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
  16. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
  17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
  18. Return Policy. Due to the nature of our online site, and the products listed, we ELSE Inc. have a strict NO RETURN policy for any product. This applies to downloadable products in all instances. Physical Products and some digital products may be returned, at the management’s discretion, Physical Products if returned within two weeks of purchase unused and in the original packaging (a 20% re-stocking fee may apply). No product shall be able to be returned for a cash refund. No refund of any shipping fees will ever be made and all return shipping fees are to be paid by the buyer.
  19. Venue: Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE COURTS OF THE PROVINCE OF ONTARIO OR THE NATION OF CANADA OR LEGAL ARBITRATORS OF ONTARIO OR CANADA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT THE PROVINCE OF ONTARIO AND NATION OF CANADA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by ELSE Inc. an independent corporation located in the City of Windsor in the Province of Ontario in the Nation of Canada. As such, the laws of The Province of Ontario and the Nation of Canada govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
  20. Verify Customers' Information: ELSE Inc. reserves the right to contact a Customer via email or phone to verify the accuracy of account information (including the Customer's correct name and address) that is needed to provide the Customer with the information or services he or she requested from ELSE Inc.
  21. Shipping Policy ELES Inc. generally ships next business day, via the method chosen by the buyer. If the buyer asks to upgrade or change the shipping method before product is shipped the buyer authorizes ELSE Inc. to charge or refund their credit card according to any differences in shipping fees due to the change. ELSE Inc. maintains a list of Non-Business days at this link.

Section B

ELSE Inc. Copyright Policies

Single User License

ELSE Inc. materials are protected under all International copyright agreements. The purchase of any of this material does not allow the buyer any rights other than those established by law or authorized by ELSE Inc.

All ELSE Inc. presentation, games, eBook, videos, guides, handbooks, trainer guides, notes, web content, and simulations are copyrighted under the laws of most nations. Any unauthorized duplication, redistribution, display, or modification, without the express written permission of ELSE Inc. is strictly forbidden, and may be punishable by law.

ELSE Inc authorizes the purchaser to have one copy of any presentation, game, or simulation, purchased by the user, in use and to keep a single backup copy in the event of loss of original file. This copy may not be shared between multiple trainers, or sites.

A trainer may print one copy of the training guide and may only print another when the previous one has been destroyed.

Trainee Handbooks have their own copyright limitations and those are listed in the handbook. Generally we allow the printing of up to 200 copies. Anything beyond 200 requires the purchase of a license extension, which can be done by contacting Copyright Information.

No slide maybe printed except those suggested in the notes to be used as handouts.

Additional information on our copyrights maybe be obtained by contacting ELSE Inc.

For permission or additional information you may contact ELSE Inc.

If you purchased a single user license it will show as such on your purchase record as User License Level Option

  • Single User License

Addition of material to any product.

You may add extra material to any product provided that you clearly indicated in the materials what you have added, or changed from ELSE Inc.’s original materials.

Multi-user License

ELSE Inc. materials are protected under all International copyright agreements. The purchase of any of this material does not allow the buyer any rights other than those established by law or authorized by ELSE Inc.

All ELSE Inc. presentation, games, eBook, videos, guides, handbooks, trainer guides, notes, web content, and simulations are copyrighted under the laws of most nations. Any unauthorized duplication, redistribution, display, or modification, without the express written permission of ELSE Inc. is strictly forbidden, and may be punishable by law.

ELSE Inc. authorizes the purchaser to have one copy per licensed user of any presentation, game, or simulation, purchased by the user, in use and to keep a single backup copy in the event of loss of original file. This copy may not be shared between multiple trainers, or sites.

A trainer may print one copy of the training guide and may only print another when the previous one has been destroyed.

Trainee Handbooks have their own copyright limitations and those are listed in the handbook. Generally we allow the printing of up to 200 copies per licensed user. Anything beyond 200 requires the purchase of a license extension, which can be done by contacting ELSE Inc.

No slide maybe printed except those suggested in the notes to be used as handouts.

Additional information on our copyrights maybe be obtained by contacting ELSE Inc.

For permission or additional information you may contact ELSE Inc.

Current Multi-user license available through our site may include any of the following. Which you purchased will be indicated on your purchase record as a selected option.

User License Level Option

  • Multi-user 2 Users
  • Multi-user 3 Users
  • Multi-user 4 to 5 Users
  • Multi-user 6 to 9 Users
  • Multi-user 10 or More Users

Addition of material to any product.

You may add extra material to any product provided that you clearly indicated in the materials what you have added, or changed from ELSE Inc.’s original materials.

Section C

ELSE Inc EDIT NON-REDISTRIBUTION AGREEMENT

The purpose of this EDIT Non-Redistribution Agreement (here after referred to as the "Agreement") is to set forth in the below Terms and Conditions.

Terms and Conditions

This Agreement contains the complete terms and conditions that apply to your participation as an editable product user of ELSE Inc. materials. As used in this Agreement, "we," "us." "our," or “Company” means ELSE Inc. and "you" or "your" means the Buyer and/or the buyer’s current employer, and "Product" means any and all items offered for sale by us on the ELSE Inc. web site.

This Agreement provides you a license to have and use and ELSE Inc. Editable product as per your purchase from our website or via a phone order from ELSE Inc. It also only provides you rights to edit and use the materials as per the user license level you purchased. It does not include any third party software and specifically indicated on the product page at the time of purchase and in any options chosen by the buyer of the product.

EDIT Licenses if available for purchase will fall into one of the following categories the rights you gain are limited to those for which your record of purchase shows you paid as indicated by the download version you selected during the purchase process.

  • Non-edit Version you have no rights to edit the material

  • Basic Text Edit Version you have the right to edit the text for any such licensed product for translation or any purpose you require so long as you do not cause it to become a different product from what you purchased. You may add extra material to any product provided that you clearly indicated in the materials what you have added, or changed from ELSE Inc.’s original materials.

  • Advanced Text Edit Version all the rights and requirements of Basic Text Edit Version, generally in order to do so you will have to acquire certain third party software in order to be able to edit portions of these presentations this option includes one user license to a third party software package, which ELSE Inc. will obtain for you with in two of our defined business days. Any additional licenses you require are your responsibility to obtain information on obtaining them is included with these edit versions. You may also contact us and we can obtain them for you, we will quote you the cost associated with purchase of the required number of licenses to meet your requirements, and will complete the purchase within two of our business days after receipt of payment.

  • Total Edit Version all rights and requirements of Advanced Text Edit Version, plus these additional rights. The right to use any image from any Lean Presentation in any training presentation you create from this work. Does not include the right to use any image in any form for public display via any means. Does not include the templates background, these products come only as a blank template, you are not required to include any ELSE Inc. Logos or Copyright statements or footers, however you are not allowed to redistribute them in anyway without first obtaining paying for signing and executing a redistribution agreement with ELSE Inc. The purchase of this license does not automatically require ELSE Inc. to agree to or authorize any form of redistribution agreement with you, the authorization of redistribution remains the sole privilege of ELSE Inc. and any third party material suppliers whose materials are included in this version. This version does not include the right to remove replace or hide any ELSE Inc. logo, copyright statement or footer in any Lean Simulation Game sold via our site.

1. General Restrictions and Grant of Use.

  • Any materials bought under this agreement, may not be sold, shared or given to any other party.

  • ELSE Inc. Copyright statements, logo, and footers may not be removed from any product listed in the above referenced products. Only through adding materials to said simulation games can the buyer add their logo and/or copyright.

  • There are no modifications allowed to this agreement after the agreement is accepted electronically by you.

  • All copyrights related to these materials remain the property of their legal owners.

  • ELSE Inc. grants the rights of use of licensed materials for training your staff or clients.

  • Additionally you agree to allow ELSE Inc. to purchase third party licenses and agree to those license terms for the images included in the materials, said images are limited to be used in training materials used by yourself, and may not be used for any public display, resold or shared in anyway. All fees for these are included in the price you paid during purchase.

  • If said purchase includes the purchase of a third party software license you agree to allow ELSE Inc. to pay for said software and your behalf and to also enter into required license agreements for said software on your behalf, if required by the third party.

 

 5. Relationship of Parties.

You and Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

6. Indemnification.

You hereby agree to indemnify, defend, and hold harmless Company, its shareholders, officers, directors, employees, agents, Redistributors, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Redistributors Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; or (iii) or any claim related to your business.

7. Miscellaneous.

Delivery will be by electronic means and take place only after payment completion.

This Agreement will be governed by the laws of the Canada and the Province of Ontario, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or provincial courts located in Windsor, Ontario and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ELSE Inc. BY ELECTRONICALLY ACCEPTING THIS AGREEMENT AT THE TIME OF PURCHASE YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.

Section D

Privacy Notice

ELSE Inc. believes that privacy is crucial for the ongoing success of commerce. As an Internet merchant we are required to have a stringent policy regarding all of the information that we collect. Your use of this site constitutes acceptance of these terms and conditions. If you do not agree with these policies, please cease using this site immediately.

These terms were last revised on April 21, 2014. ELSE Inc. reserves the right to amend these policies from time to time. If such amendments affect how ELSE Inc. uses or discloses personal information already held by us in a material and adverse way over and above previous express or implied consent, ELSE Inc. will contact you to obtain consent. Notwithstanding the terms of this policy, the collection, use, and disclosure of personal information may be made outside of the terms herein to the extent provided for in the Canadian Personal Information Protection and Electronic Documents Act, and other relevant Canadian and Ontario legislation in effect from time to time. These exemptions include, without limitation, publicly available information, or information disclosed for criminal or civil investigations or compliance with law or court orders.

ELSE takes reasonable precautions to ensure your privacy on the terms contained in this policy. ELSE Inc. uses reasonable efforts to, but cannot totally prevent, unintended disclosures by such means as hackers and other unauthorized individuals, and inadvertent or illicit employee actions.

Customer or Member (here after referred to as Users) provided Information:

Our electronic purchase service requires that Users provide contact information (including without limitation: name, address, city, state or province, postal code, country, telephone and email), and financial information is handled by our Payment Processer Internet Secure (we do not retain any such information via Online Sales), and ordering information. This information is collected and used to process the transaction and for internal accounting and other procedures. Following a transaction, we may contact Users by phone or email for security or marketing purposes, however any User may opt out of marketing contact by either unsubscribing from email or by asking to be remove from a phone list. ELSE Inc. Does not sell or share with other organizations our User’s contact or personal information.

Information Automatically Collected:

Our Web site keeps track of usage data, such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL. The IP addresses we collect on our electronic purchase service are linked to personally identifiable information. This is collected in order to combat fraud during the purchase process. We also use this data to better understand Web site usage in the aggregate so that we know what areas of our Web site users prefer. Automatically collected information is also used for the same purposes as cardholder supplied and merchant supplied information.

Sharing of Information:

Certain information submitted, through the electronic purchase service maybe shared with other businesses in order to enable the delivery of products to the User. An example of this would be the purchase of a product that contains as part of it, a copyrighted licensed from a third party. In such case no more information than would be needed to be shared will be provided to the third party.

Except for the above parties, and for use by ELSE Inc.’s consultants and professional advisers on ELSE Inc.’s behalf for the uses disclosed herein, ELSE Inc. does not share personal information with any other third parties. ELSE Inc. may, however, provide to third parties aggregate or statistical information that does not disclose personally identifiable information. ELSE Inc. may disclose personal information to another entity purchasing (including for diligence purposes prior to purchase) the assets of ELSE Inc, providing that entity abides by this or a similar privacy policy.

Contact Us / Email Inquiries:

No information sent to ELSE Inc. via email or the website inquiry form is used for any other reason than to respond to and maintain a record of the inquiry. This information is not sent to third parties or retained for mailing list purposes.

Security:

ELSE Inc. Takes security of your personal information seriously it is for that reason that we have established our relationships with reputable partners. We do not feel that we could provide the same level of financial security they can provide in the online payment processing portion of the service for that reason we have chosen to use their Merchant Link service and they handle your financial information.

Third Party Dispute Resolution:

ELSE Inc. is committed to resolving disputes quickly and efficiently. In the event that a dispute cannot be settled through our normal internal processes, ELSE Inc. is committed to using an independent third party dispute resolution process.

This process can be initiated through by contacting our directors, only after our normal internal processes have been completed.

In the event the issue relates to private information, ELSE Inc. will not use or distribute any private information without express permission. All disputes in arbitration will be resolved under the laws of the province of Ontario or the country of Canada in the jurisdiction of Essex County.