TERMS AND CONDITIONS OF USE AGREEMENT

freeleansite.com

1. General Use of the Site

The web site - www.freeleansite.com (referred to in this agreement as the site or free lean site) is a leader in free Lean Enterprise knowledge, and provides general information, team-based tools and training materials relating to process improvement, project management, and lean methodologies. This web site and the services offered through the site are to acquaint visitors with information about Lean Management. With protection of copyright, Jay Watson dba Improvement Initiatives, LLC and/or freeleansite.com on the internet provides free of charge, and as a courtesy only, access to various business process improvement information and project management philosophies.
In addition, freeleansite.com serves as an on-line order entry point for customer support/coaching services (referred to throughout this Agreement as "Services"). The information and content contained at www.freeleansite.com are provided for the web users' convenience only. The site is designed to educate and inform. It includes information gathered from multiple sources, including many personal experiences. It is not the purpose of this free lean site to include every possible bit of information regarding this subject, but rather to compliment and supplement other resources.
You are encouraged to read as much available material as you can find and to learn as much as possible about lean operational excellence and continuous improvement; you are than encouraged to tailor the information to your individual needs. The suggestions offered may not be suitable for every situation. Likewise, the examples provided within are not meant to imply that the user will achieve the exact, same results. Each instance will vary.
There is no guarantee that any websites or links mentioned herein will remain active. Improvement Initiatives (business entity) does not warrant against any website outages or other technical problems that may occur.
This site is not intended to provide advice about any legal, financial, accounting, engineering, manufacturing, tax, psychological, or other professional services. If legal or other expert assistance is necessary, the services of a competent professional should be sought.

2. Binding Effect

Anyone who uses or accesses this site is bound by the terms of this Agreement. All those who do not wish to be so bound or do not assent to the terms herein do not have permission to access this web site. By accessing this website, you and any other individual accessing this site agree to the terms and conditions set forth in this Terms and Conditions of Use by virtue of your (their) access and use of this web site.
If you do not wish to consent to these Terms and Conditions of Use, please delete all content derived and/or retained from this site, and exit this site. Use of this site and acceptance of these terms is made by your voluntary actions, for which you bear all risk and responsibility.

3. Restricted Access; Security

There is no security or restricted access to this site. No password or ID is required. You are responsible for maintaining the information after download and are responsible for all activities that occur after. If you have trouble with the site - send email to webmaster@freeleansite.com

4. Free Downloads

You acknowledge and agree that you are entirely responsible for all content, including downloads, or other links. You agree that the Free Tools are provided for convenience only. We welcome constructive feedback, but the information is FREE, so do not complain too vigorously.

5. Provided "As Is"

The Editors of freeleansite.com have made a good faith effort to present accurate information. However, errors may appear throughout this web site. Improvement Initiatives presents the information on this web site for web users as a convenience only. It has no duty to locate, identify, or correct any errors, or to notify you regarding any possible errors. You shall not hold Improvement Initiatives responsible for your reliance upon the information presented at the www.freeleansite.com website.
No guaranty of accuracy or effectiveness of the advice or consultation is intended by the presentation or sale of the content of services e Free Tools, or Forms / Products available at this web site. You agree that freeleansite.com or Jay Watson dba Improvement Initiatives (business entity) will not be held liable for the consequences that may arise from your access to, use of, or reliance upon, the content, Free Tools, Products, or Services. You cannot expect that your use of this website will be confidential or secure, or that communications with the site will be either confidential or secure. This web site is provided "AS IS" and without any warranty of any kind. (See warranty below.)

6. Laws, Regulations, and Rules

Improvement Initiatives makes every reasonable effort to comply with the laws, regulations, and rules applicable within the United States and does not warrant or infer any compliance with other countries' provisions. Compliance with the provisions of countries outside of the United States is the responsibility of an individual web user. You are subject to any local laws applicable to your use of the site or agree to comply with such laws.

7. Availability and Access

Improvement Initiatives cannot and does not warrant that this web site and the information provided herein is, nor will be, accessible at all times, or from all places; or that access will be granted on pre-established terms or by previously established means. You agree that no liability will attach to Jay Watson dba Improvement Initiatives if this web site or its content becomes unavailable or inaccessible for any reason whatsoever. You agree that the risks of relying on access to this web site or the content on it are your sole responsibility.

8. User Information and Privacy

No user information is presently monitored. Site and e-mail service contracted through hostmonster.

9. Consent to Monitoring and Disclosure

Improvement Initiatives has no duty or obligation to monitor communications or access in respect of this web site. However, it retains the right to monitor communications or access if it deems necessary or desirable. In addition, Improvement Initiatives may monitor if (1) it is done to protect the interests of this site; (2) Improvement Initiatives is required to do so by lawful act of any government body; (3) it is done to protect your interests or the interests of any third party.

10. Ownership

You shall not package, sell, duplicate, appropriate, copy, or exploit any portion of this web site or access to any part of it for any purpose, except you may access, download and print one copy of Microsoft Templates and Forms and use the information for your own use. Improvement Initiatives retains all rights in, including copyrights to, this information. The user may print one copy of any page for your personal use only, but not for distribution. Improvement Initiatives retains all rights in, including copyrights to, all web pages, and site content. You agree that mere objection by Improvement Initiatives shall suffice for finding a violation of this section.

11. Links

For your convenience, freeleansite.com includes hyperlinks on this web site to other web sites. Improvement Initiatives does not control, edit, endorse, adopt, or sponsor any of the linked web sites and is not in any way responsible for any of the content that such web sites may contain.
You acknowledge and agree that no affiliation, endorsement, or sponsorship of any linked web site is intended or will be inferred from the provision of any hyperlink from this web site. Improvement Initiatives Privacy, and Terms and Conditions of Use Agreements for this web site cover your use of this web site only and do not apply to your use of linked web sites. You must visit the linked web sites' terms or policy pages to understand how use of those web sites will affect you.
Any visitor or web-master that refers or directs others to this web site using hyperlinks or other methods agrees to link only to the www.freeleansite.com homepage. No hyperlink to this web site may be presented in a way that suggest freeleansite.com is affiliated with or related to your web site, or in any way sponsors, adopts, recommends or endorses your organization, web site, or the content therein. Note: This provision does not apply if you have an express, written agreement with Improvement Initiatives that specifies otherwise.

12. No Framing or Incorporation

No permission is granted for incorporation of this web site or its contents into any other web site by in-lining, framing, or similar method unless such permission is otherwise granted by express, written agreement with Improvement Initiatives.

13. No Unauthorized Access or Use

You may review the content of this web site, using an ordinary browser or similar means, in the manner such review is ordinarily made and plainly intended by freeleansite.com. You may make use of the Free information. You may order Products and/or Services via this website. No person or entity may make unauthorized use of this web site or access it in any manner that Improvement Initiatives deems contrary to this Agreement. You may not post messages or store data files on this site that could be deemed objectionable in any way by Improvement Initiatives / freeleansite.com or any of its users.
Use of this web site to disrupt, control, alter, overload, rewrite, interrupt, deconstruct or reverse engineer this web site or freelansite.com equipment; or to represent, misrepresent, imitate or impersonate freelaeansite.com; or to frustrate or obstruct Improvement Initiatives' goals and communications in any manner is recognized as a serious violation of this agreement. Any entities or individuals, directly or indirectly, intentionally or unintentionally, responsible for such action or result, without regard to the degree of involvement of participation, agrees to be and shall be held jointly and severally liable for any and all damages or injuries that Improvement Initiatives deems to have resulted from such an act or consequence. Users who make unauthorized access to or use of this web site will provide remedy to Improvement Initiatives for such unauthorized access as Improvement Initiatives requires without regard to legal or equitable defenses or claims against third parties. Any objectionable content found by Improvement Initiatives will be deleted.

14. Intellectual Property

Improvement Initiatives defends its intellectual property rights. All content and information on this web site is the property of Improvement Initiatives unless otherwise specified and is fully protected under the laws of the United States and other sovereign nations. Improvement Initiatives hereby claims, and is entitled to, the fullest extent of protection possible under the laws of any sovereign. Such protection includes, but is not limited to: trade secret law; duties of confidentiality and loyalty; limits imposed by contract, and; the law of trademarks, service marks, copyrights, patents, and torts. By the terms of this Agreement, you agree that freeleansite.com and/or Improvement Initiatives will be regarded as enjoying such protection without regard to legal and equitable arguments that such protections should not apply.

15. Copyrights

Improvement Initiatives claims the fullest copyright protection under US, foreign and international law for all content, Tools, Products and Services on or relating to this web site. You agree to respect Improvement Initiatives' claim to such copyright protection. All copyrightable subject matter appearing on this web site is protected by a copyright or service mark owned by Improvement Initiatives unless otherwise indicated. This material may be used for personal, non-commercial use only and all copyright notices must be preserved on any copy of this web site or any portion of it. You may not construe the presentation of material on this web site as a license of any kind unless otherwise specified.
As provided by the Digital Millennium Copyright Act, Title 17 U.S.C. Section 512(c)(2), Improvement Initiatives expressly provides ready means for advising or alerting Improvement Initiatives of actual or possible copyright infringement occurring on or through this web site. To alert Improvement Initiatives of infringement send an email to businessmanager@freeleansite.com or send notice by mail to Jay Watson, 2135 east La Jolla Drive, Tempe, AZ 85282. The notice must include: your name; description of the original work; description of the infringing work; location (URL) of the infringing work; your address, telephone number, and e-mail; statement that you have a good faith belief that the alleged infringement was not authorized. The notice must also include a sworn statement: that the information provided is accurate and true; that you are the owner or authorized agent of the original work; a signature, actual or electronic, of the owner or authorized agent.

16. Trademarks/Service Marks

Improvement Initiatives has registered for and owns the following service marks:
Employ Improvement Initiatives
SQS - Safety, Quality, Speed
Change for the better
freeleansite.com - It's a function of value
The foregoing and other marks are the property of Improvement Initiatives. These marks may be used only by Improvement Initiatives or by such parties that Improvement Initiatives may license or expressly authorize. No entity, individual, or web user is authorized to use any Improvement Initiatives trademarks without the express written consent of Improvement Initiatives.
All names, logos, service marks, and trademarks appearing on this web site are the property of Improvement Initiatives unless otherwise specified.

17. Updates

Improvement Initiatives reserves the right to update, edit, change, delete, discontinue, or otherwise alter any or all of the content of this web site, the Free Tools, its Products, and/or its Services as it sees fit, without notice or regard to the effect on any other party. Improvement Initiatives does not have any duty whatsoever to update, maintain, or change the content of this web site for any reason.

18. Disclaimer of Duty

You agree that no duties, obligations, liability or responsibilities, whether legal, equitable, or otherwise, arise out of Improvement Initiatives' presentation or maintenance of the this web site or any of the content at this web site.

19. DISCLAIMER OF WARRANTY

Errors may appear throughout this website; however, Improvement Initiatives has no duty to locate, identify, or correct any errors or to notify you regarding any possible errors. You cannot expect that your use of the freeleansite.com website will be confidential or secure or that communications with Improvement Initiatives will be confidential or secure.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THIS WEB SITE. YOUR USE OF THIS WEB SITE IS MADE AT YOUR OWN RISK. ACCESS TO THIS WEB SITE IS PROVIDED ON AS 'AS IS ' AND 'AS AVAILABLE ' BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NOTHING IN THIS WEB SITE CONSTITUTES ADVICE OR INFORMATION COVERED BY ANY WARRANTY OF ANY SORT. CONTENT ON THIS WEB SITE MAY CONTAIN ERRORS, VIRUSES, OR INACCURACIES AND MAY BE OUTDATED. NO WARRANTY IS MADE THAT THIS WEB SITE WILL BE ACCESSIBLE OR AVAILABLE FROM ANY PLACE, OR AT ANY TIME. THE CONTENT OF THIS WEB SITE MIGHT NOT BE UPDATED, FILTERED, OR CORRECTED. CONTENT AVAILABLE AT THIS WEB SITE MAY BE HARMFUL, OR MAY BE ILLEGAL WITHIN ANY OF THE ENTITY OR INDIVIDUAL ACCESSING THE SITE AND NOT OF IMPROVEMENT INITIATIVES.
IMPROVEMENT INITIATIVES DOES NOT WARRANTY ITS PRODUCTS, SOFTWARE, PERIPHERALS, ACCESSORIES, TRAINING MATERIALS, FREE TOOLS OR ANY OTHER PRODUCTS OR SERVICES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY OR NON-INFRINGEMENT. IMPROVEMENT INITIATIVES DOES NOT GUARANTY THE ACCURACY OR EFFECTIVENESS OF ITS PRODUCTS OR SERVICES OR FREE TOOLS. SOME STATES DO NOT ALLOW AN EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THIS WEB SITE AND FOR ALL USE OF THE FREE TOOLS. NO PARTY SHALL MAINTAIN THAT IMPROVEMENT INITIATIVES, ITS AGENTS, LICENSERS, OR AFFILIATES IS LIABLE IN ANY MANNER WHETHER FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, ACCESS, OR AVAILABILITY OF THIS WEB SITE. YOU AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY FOR THE USE OF THIS WEB SITE, ITS CONTENT, LINKS TO OTHER WEB SITES, OR THE INTERNET GENERALLY, ARE ASSUMED BY INDIVIDUAL WEB USERS AND THAT NO LIABILITY WILL BE CLAIMED OR WILL ATTACH TO IMPROVEMENT INITIATIVES WHETHER UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
FOR THOSE PRODUCTS AND / OR SERVICES THAT YOU PURCHASE FROM THIS SITE, IMPROVEMENT INITIATIVES' TOTAL LIABILITY WHETHER FOR BREACH OF CONTRACT, WARRANTY, LATE DELIVERY OR NON-DELIVERY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR FREE TOOLS AND PRODUCT(S) AND / OR SERVICES SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, AND IMPROVEMENT INITIATIVES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IMPROVEMENT INITIATIVES HEREBY DISCLAIMS LIABILITY TO THE FULLEST EXTENT OF THE LAW. IN JURISDICTIONS WHERE SUCH DISCLAIMER MAY BE LIMITED, THIS DISCLAIMER IS LIMITED ACCORDINGLY TO THE MAXIMUM AMOUNT PERMITTED BY SUCH LOCAL LAW.

21. Indemnification

You agree that you will indemnify, defend, and hold harmless Improvement Initiatives and its directors, officers, agents, employees, partners, and affiliates for any claims or disputes arising out of, or involving, your access to or use of this web site including the Products, Services and Free Tools. Indemnification shall include any and all fees and costs associated with responding or answering any claims or assertions against Improvement Initiatives including, but not limited to: internal costs, agency fees, attorneys and experts, witnesses, document production and management, correspondence, travel, filing fees, employee pay, and reimbursement.

22. Purchase Orders

Your order of Improvement Initiatives Products and / or Services is an offer to purchase the Products and Services listed in your order, on the terms and conditions listed below, which terms and conditions are a contract between you and Improvement Initiatives ("Purchase Order") when your order is accepted by Improvement Initiatives via a confirmation that specifically references your order or when Improvement Initiatives ships to you the Products or materials related to the Services you ordered, whichever occurs earlier. When you send your order to purchase Products or Services to Improvement Initiatives, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Purchase Order.
This Purchase Order may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and Improvement Initiatives.

23. Payment Terms

Improvement Initiatives accepts cash, checks, or money orders as the payment options for your purchase. Your organization will not be charged until the Services/ Products listed in your order are shipped or delivered. You will be charged for Services as set forth in a Services agreement accompanying Improvement Initiatives' acceptance of a speaking, coaching, or consulting engagement.

24. Shipping Charges; Customer Location

Separate charges for shipping will be added to the cost of the Products and Services materials. Improvement Initiatives will only accept orders from billing and shipping addresses located within the 50 United States and the District of Columbia. Improvement Initiatives reserves the right to limit quantities. Improvement Initiatives is unable to deliver to PO, APO, or FPO boxes.

25. Taxes

All applicable local, city, and state taxes are your responsibility to ascertain or calculate. You agree to pay these taxes.

26. Title

If any Products require delivery to you, Improvement Initiatives or its agent will ship the Products to you via UPS, Fedex, or US Postal Service with title and risk of loss passing to you upon Improvement Initiatives' delivery of the Products to the first common carrier. Title to any applicable software will remain with the licensor(s).

27. Software License

All software is provided subject to the end user license agreement that is part of the package. You agree that you will be bound by the license agreement once the package is opened or its seal is broken. If you do not agree to abide by the end user license agreement, you must return the software to Improvement Initiatives, with the software unused, for a refund of your purchase price.

28. Section Titles

Sections of this Terms and Conditions of Use are organized and titled merely for convenient organization of the material herein and do not have any legal significance.

29. No Waiver

Any failure on the part of Improvement Initiatives to enforce any of the terms of this Agreement is not a waiver of this Agreement or any portion of it. You agree that these terms shall be deemed in full effect even where Improvement Initiatives does not enforce the terms, whether by election or by oversight.

30. Violations

Violations of the terms of this agreement may result in the refusal of your continued access to this web site without notice. Violations may also result in Improvement Initiatives or another concerned party prosecuting civil or criminal remedies against you. You agree that Improvement Initiatives will not be held liable for any claims from or against you arising out of that party's use of or access to this web site or any violations of these terms. Such parties will indemnify and hold harmless Improvement Initiatives for any claims arising out of any such use or access.
To report violations of this Agreement, send an email to businessmanager@freeleansite.com.

31. Termination

Improvement Initiatives may terminate or discontinue this web site, or any part of it, or your or any individual's access to this web site, at any time, for any reason, without notice or limitation.

32. Venue

The laws of the state of Arizona shall govern this Agreement, and any dispute relating to this Agreement shall be in the courts having jurisdiction over Tempe, Arizona USA.

33. Feedback, Information, Requests, Notice, and General Communication

To learn more about Improvement Initiatives goods, products, and services, or if you merely desire to contact us - send an email to improvementinit@yahoo.com

Change - for the better !    Employ Improvement Initiatives    Copyright©2009