Website Terms of Use and Privacy Policy

Terms of Use

September 27, 2022

This website is hosted and maintained by Kevin Wilde (“we,” “us,” and “our”) for educational and informational purposes and for providing information about our books and assessments.

THESE TERMS OF USE CONSTITUTE AN AGREEMENT FOR YOUR USE OF THIS WEBSITE. BY USING THIS SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. CHANGES TO THESE TERMS OF USE WILL BECOME EFFECTIVE UPON POSTING. YOUR USE OF THE SITE FOLLOWING THE POSTING OF ANY REVISED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THOSE TERMS. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE WHENEVER YOU USE THE SITE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS WEBSITE, AND WE ASK THAT YOU REFRAIN FROM USING THE SITE.

Information

While we will make an effort to ensure that the information posted on the site is accurate, we will not be responsible for any errors, inaccuracies or omissions, and we reserve the right to correct any such errors, inaccuracies or omissions and to change or update information on the site at any time.

Site Contents and Use

Unless otherwise noted, the website, all trademarks appearing on the website, and all features and materials on the website, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials, are owned, controlled or licensed by us.

The website and its contents are intended solely for your personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content of the website.

You may not use this website or any contents of this website for any commercial purpose, including but not limited to the use of the site or any contents of the site to market or sell goods or services to any person. You agree not to launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access the site, provided that the operators of public search engines may use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information from the site, or use any information appearing on the site to solicit, for commercial purposes, any person who has posted comments to the site.

User Comments, Feedback, and Other Submissions

We welcome your comments in the places provided on the site. You agree that any comments that you post to the site will be written solely by you, will be accurate, will not violate any right of any third party, including any copyright, trademark, privacy or other personal or proprietary right, and will not contain defamatory or otherwise unlawful, abusive, obscene or objectionable material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments you may post. You are solely responsible for any comments you post and for the accuracy of those comments. We assume no responsibility or liability for any comments posted by you or by any third party. We will fully cooperate with any law enforcement authorities or any court order requesting or directing us to disclose the identity of anyone posting any infringing, defamatory, threatening, unlawful, abusive, obscene or objectionable materials.

By posting comments on the site, you grant us a perpetual, non-exclusive, worldwide, royalty-free, unrestricted, transferable license to reproduce, display, distribute, adapt, transmit, store, edit and otherwise use any or all of your comments, as we may deem appropriate or suitable, and you waive and release any and all claims against us for any use of that content. You also agree that we may, at our discretion, display advertising for our products on the same page or screen display as any of such content. You represent and warrant that you will be the author of all content posted or submitted by you, or that you will have all necessary licenses and permissions for the posting and other use of that content.

We are not obligated to allow the posting of any material on the site, and we have the right but not the obligation to monitor and edit or remove any of your comments at any time.

Site Transactions

 

You may order assessments, books, and any other products offered through the website. However, we reserve the right to refuse any order you place with us, or to cancel or refuse to fill any order placed through the site, whether or not such order has been confirmed. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or other unit, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Title to all print products purchased from this site and the risk of loss for all such items will pass to you upon your receipt of those items from the carrier selected by us.

Personal Information Submitted Through the Site

You may choose to submit personal information through the site, for purposes of subscribing to our blog, purchasing products, receiving information from us relating to coachability, and receiving notices from us about books, assessments and other products. The receipt, collection and use of any personal information submitted by you is governed by our Privacy Policy [add link], which is incorporated by reference into these Terms of Use.

Recommendations; Links to Other Websites 

The website may contain recommendations for books and other sources of information on coachability and links to other websites that are not under our control. We are not responsible for the content of, information contained in or outcomes resulting from the use of any book or website recommended by us. We are also not responsible for any products or services offered or sold through a linked site. A link to any other site does not constitute an endorsement by us of the linked website, the host of that site, the content or any information on that site, or any goods or services offered or sold through that site. If you use a link, you will leave our website, and your activities on the linked site will be governed by the terms of use and privacy practices for that site. Links are provided solely for your convenience and information.

Right to Change Site

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the site, any content or feature of the site, or any books or other products offered through the site, without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, any content or feature of the site, or any books or other products listed on the site.

Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the site (including the posting of any comments on the site) and/or your breach of any representation, warranty, or other provision of these Terms of Use.

Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR RISK. WE DO NOT WARRANT THAT THE CONTENT AND INFORMATION ON THE SITE WILL BE ACCURATE OR COMPLETE, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT CONTENT OR FUNCTIONS CONTAINED ON THE SITE AND THE SERVER ON WHICH IT RESIDES ARE OR WILL BE FREE FROM ERRORS, DEFECTS, OR VIRUSES, OR THAT ANY ERRORS OR DEFECTS WILL BE FIXED.

WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS WITH REGARD TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER IN ACTION BY CONTRACT, NEGLIGENCE, OR TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY SITES WHICH ARE LINKED TO THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM YOUR USE OF OR ACCESS TO THE SITE, CONTENT ON THE SITE, OR LOSS OF USE OF THE SITE.

DISPUTE RESOLUTION AND ARBITRATION 

Informal Dispute Resolution

You and we agree to that in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the site, or the breach, enforcement, interpretation, or validity of any of these Terms of Use (a “Dispute”), the party asserting the Dispute shall first try in good faith to settle the Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice of a Dispute shall be sent to us at: [insert address] and to you at the last address you submitted to us. You and we agree that this Informal Dispute Resolution Procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration 

If or to the extent that a Dispute cannot be resolved through the Informal Dispute Resolution Procedure within 120 days after the party raising the Dispute has given notice to the other party, the Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights with respect to the Dispute, and you and we expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending a letter requesting arbitration to:

Kevin Wilde
PO Box 584
Waconia, MN 55387

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”), as found on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree on another arbitrator. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.

If you agree, the arbitration may be conducted by telephone or may be based on written submissions. Any arbitration to be conducted in person shall be conducted in St. Paul, Minnesota.

All arbitrations shall proceed on an individual basis. You and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE OF THE SITE MUST BE RAISED WITHIN ONE (1) YEAR AFTER SUCH DISPUTE AROSE, OR BE PERMANENTLY BARRED.

Complete Agreement; Severability; Waiver

These Terms of Use constitute the entire agreement concerning your use of the site. If any provision of the Terms of Use is deemed to be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable to the extent that it is unlawful, void, or unenforceable but it shall not affect the validity or enforceability of the remaining provisions.
No waiver of any the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Governing Law

This website is based solely in Minnesota, and these Terms of Use and the enforcement of these Terms of Use shall be governed by the laws of the State of Minnesota, without regard to its choice of law principles. You waive any claims that may arise under the laws of any nation other than the United States or any state other than Minnesota. If you are accessing this site from another country, you are responsible for compliance with any and all applicable local laws.

General Contact Information

If you have any questions about these TERMS of USE, the site, or your use of the site, you may contact us at:

E-mail: [email protected]
Phone: 612-666-0721
US Mail:
Flagship Consulting Group LLC
PO Box584
Waconia, MN 55387

 

 

Privacy Policy

Thank you for visiting our website. We respect your privacy, and we adhere to the Privacy Policy stated below. Please contact us if you have any questions about this policy. This Privacy Policy applies only to our website and information collected through our website.  It does not apply to any other services provided by us or any information collected in the course of performance of those services.  It also does not apply to any information which may be disclosed by you or collected as a result of your use of any third party website recommended by or linked from this site.  Your use of any such third party website will be governed by the Privacy Policy for that site.  

 

Our website is not intended or designed for use by persons under age 13.  If you are under age 13, please do not submit any information through our website. 

 

Information That We May Collect

 

We may collect the following types of information through the website: 

 

1. Information that personally identifies you (your name and email address; phone number; mailing address) that you provide to us when you send an inquiry to us, subscribe to a blog or other communication from us, purchase an assessment or other product from us or submit comments or tips for posting on the site.
2. Unique identifiers, including your username and password, IP address, online identifiers, and device identifiers.
3. Demographic information (age, gender, sexual preference, occupation, work history, country of origin and country of citizenship, ethnic identification, annual income, level of education completed, number of persons in your household) that you provide to us in connection with completing an assessment.
4. Non-personally identifying information, including information about usage patterns and preferences as you navigate around the site and view content on the site.
5. Geolocation data, including your approximate or exact location when using the site.
6. Credit card information, which is collected solely for processing payment for any purchase of an assessment or other product that you make through the site.

 

Some of the above information may be collected using tracking software and cookies, as described below.  We use this information for internal business purposes only, such as maintaining and improving our website, determining the interests of persons viewing content on the website, processing purchases made by users, and for certain analytic and website functionality and performance purposes, as described in more detail below. 

 

If you are located outside of the United States, please be aware that personal data we collect will be processed and stored in the United States, and that the data protection and privacy laws in the United States may offer a lower level of protections than in your location.  By accessing the site and submitting personal information, you agree to the transfer, storage, and/or processing of that personal information  in the United States, in accordance with applicable law.

 

We maintain appropriate security measures to keep this information private.  However, we cannot fully eliminate the security risks associated with the storage and transmission of personal data.

 

Tracking Software/Cookies

 

We may use tracking technologies, such as cookies, including tracking technologies managed by vendors or external parties, as follows:

 

•Necessary or essential tracking technologies, which are used for core functionality. Without these cookies, some functionality of the site will fail.

  

•Functional or analytic tracking technologies, which help us improve the site by providing us with information as to how the site is being used.

  

•Security tracking technologies, which allow us to detect activity that might violate our Terms of Use.

 

•Geolocation tracking technologies to locate the approximate or exact location from which you are using the site.

A cookie is an element of data sent and stored on your computer, with a unique random number that acts as a “user ID.” The cookie does not personally identify you, and only identifies the computer that you use to access the site. 

We may use cookies to store pertinent user information during a session (for example, to hold answers to an assessment), and to analyze how visitors use the website, such as to determine which pages visitors visit most often, and to locate any error messages on the website.  All information collected from these cookies is aggregated and is anonymous and used only to improve the website.  We also use cookies as necessary to enable the website to function as intended, including allowing users to log in, ensuring site security, and enabling users to submit inquiries, subscribe to blogs and other communications, purchase assessments and other products, and post comments and tips.  

 

You can restrict, block or remove cookies through your web browser settings, although this may disable certain features otherwise available to you through the site, and the site may not function as well as intended. The Help menu on the menu bar of most browsers also tells you how to prevent your browser from accepting new cookies, how to delete old cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.  You can also visit  http://www.allaboutcookies.org/ for more information on how to manage and remove cookies across a number of different internet browsers.

 

Use of Information Collected

We do not sell or rent any personal information that we may collect through the website. Information which you provide to us will be used only for the following purposes:

1. To respond to any inquiry that you submit to us.
2. To enter you as a subscriber for a blog or other communications which you have requested to receive from us.
3. To process any orders that you place through the website for assessments or other products.
4. To perform any assessment ordered by you, using the information entered by you, and to report the assessment results to you.
5. To permit you to post comments or tips on the site.
6. To respond to a subpoena or other judicial or administrative order or law which we, in good faith, determine requires us to disclose your personal information, or to prevent any injury to a third party, fraudulent use of our website, or violation of the Terms of Use for the website.

 

We may aggregate any other information that you provide to us in completing an assessment or that is obtained from your use of the site with information from other users in order to determine demographic characteristics of persons using the website and purchasing assessments, to analyze the response patterns of various demographic groups completing assessments, and to make adjustments and revisions to the assessment.  We may report such aggregated information publicly to demonstrate the application of the assessment and to promote use of the assessment. 

Options

 

You are not required to provide us with any personal information to visit the website or to view content on the website.  If you decide to send us an inquiry, subscribe to a blog or other communications provided by us, purchase and complete an assessment or any other product, or post a comment or tip to the site, you will be asked to provide personal identifying information and other information as listed above.  If you have provided any personal information to us, you may, at any time, access your personal information and update, correct, or delete any personal information that you have provided by contacting us at the email address, mailing address or phone number listed below.  You may also request erasure from our records of all personal information and data about you in accordance with applicable data privacy laws. 

 

E-mail: 

Telephone: 

 

Attn: Web Site Coordinator

Street

City, State Zip

Please be aware that even if you update or remove personal information that you have provided to us, your personal information may be retained in our backup files and archives for a reasonable period of time for legal purposes.

 

ADDITIONAL CALIFORNIA PRIVACY NOTICE / YOUR CALIFORNIA PRIVACY RIGHTS

If you reside in California, then in addition to the above Privacy Policy, this California Privacy Notice will apply to your use of the site, but not to any information collected in the course of performance of any other services by us.  

California Consumer Privacy Act

As required by the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following details, in addition to those set forth in the above Privacy Policy, regarding the categories of Personal Information (as defined under the CCPA, and including applicable Personal Information collected online or offline, “CCPA Personal Information”) about California residents that we have collected or disclosed within the preceding 12 months.

What We Have Done in the Preceding 12 Months

1.  We may have collected CCPA Personal Information in the following categories:

• Identifiers, such as name, contact information, online identifiers;
• Personal information, as defined in the California customer records law, such as name, contact information, signature, payment card number or other payment information, employment information;
• Characteristics of protected classifications under California or federal law, such as sex and marital status;
• Commercial information, such as transaction information and purchase history;
• Internet or network activity information, such as browsing history and interactions with our website;
• Geolocation data, such as device location and IP location;
• Audio, electronic, visual and similar information, such as call and video recordings;
• Professional or employment-related information, such as work history and prior employer; and
• Inferences drawn from any of the CCPA Personal Information listed above to create a profile/summary about, for example, an individual’s preferences and characteristics.

As described above in our general Privacy Policy, we may use this CCPA Personal Information in the operation of our business, to provide you with an assessment and assessment results in response to any order placed or information entered by you, and to communicate with you in response to any inquiry submitted by you or any request by you to receive newsletters or other communications from us.  We may also use information submitted by you to develop and improve the content and assessments offered through our website; to conduct research, analytics, and data analysis; to undertake quality and safety assurance measures and conduct risk and security control and monitoring for the website; to detect and prevent fraud; to perform identity verification; to comply with law, legal process, and internal policies; to maintain records; and to exercise and defend legal claims.

2.  We may have disclosed some or all of the following CCPA Personal Information to third parties for our operational business purposes, for use as more fully described in our general Privacy Policy above:

• Identifiers, such as name, email address and any online identifier;
• Personal information, as defined in the California customer records law, such as name, contact information, signature, payment card number or other payment information;
• Characteristics of protected classifications under California or federal law, such as sex and marital status;
• Commercial information, such as transaction information and purchase history;
• Internet or network activity information, such as browsing history and interactions with our website;
• Geolocation data, such as device location and IP location; and
• Inferences drawn from any of the CCPA Personal Information listed above to create a profile/summary about you or to complete an assessment ordered by you.

3.  We have not “sold” any of your Personal Information.  For purposes of this California Privacy Notice, “sold” or “sale” means the disclosure of CCPA Personal Information for monetary or other valuable consideration but does not include, for example, the transfer of CCPA Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.

Your Rights As a California Resident

If you are a California resident, you have the right to request that we:

1.  Disclose to you the following information covering the 12 months preceding your request:

• The categories of CCPA Personal Information we collected about you and the categories of sources from which we collected such CCPA Personal Information;
• The specific pieces of CCPA Personal Information we collected about you;
• The business or commercial purpose for collecting or selling (if applicable) CCPA Personal Information about you;
• The categories of CCPA Personal Information about you that we sold and the categories of third parties to whom we sold such CCPA Personal Information (if applicable); and
• The categories of CCPA Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such CCPA Personal Information (if applicable).

You can make a request for any of these disclosures by contacting us at the email address or phone numbers listed above in the general Privacy Policy, and identifying your request as being made under the CCPA.  

2.  Delete CCPA Personal Information we collected from you.

To make a request for data deletion, please contact us at the email address or phone numbers listed above in the general Privacy Policy, with identification of the data to be deleted, and a statement that you are requesting deletion under the CCPA.   

3.  Opt you out of any future “sale” of CCPA Personal Information about you by contacting us at the email address or phone numbers listed above in the general Privacy Policy.  

We will respond to any request as required under the CCPA.  We reserve the right to verify your identity in order to respond to any such request.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

Sale or Disclosure of Personal Information

We have not and do not knowingly sell CCPA Personal Information of any user of the site, and we have not and do not knowingly disclose any user’s CCPA Personal Information to third parties for direct marketing purposes. 

California Minors

If you are a resident of California and under age 18, you may ask us to remove content or information that you have posted to the website by sending a removal request at the email address above.  Your request must include a description of the content you would like removed, and if possible, the URL for the site and the name of the feature where the content was posted. Your request will not ensure complete or comprehensive removal of the content or information, if, for example, some of your content has been reposted by another user.

Changes to this California Privacy Notice

We may change or update this California Privacy Notice from time to time, by posting the revised California Privacy Notice in this section.  

ADDITIONAL NEVADA PRIVACY NOTICE

We do not sell personal data as defined by Nevada law.