TERMS OF USE

The following terms and conditions (“Terms of Use”) govern the relationship between you, Refresher Publications Inc., refresher.com, High Performance Retail, Words and Wisdom, Rick Sidorowicz, and all contributing editors of The CEO Refresher (collectively, “we” or “us” or "our" or "refresher.com"). By using this Web site, you are agreeing to comply with and be legally bound by the terms and conditions as set out in these Terms of Use. If these Terms of Use are not acceptable to you, please do not use this Web site. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on this Web site. Your continued use of this Web site will be deemed your conclusive acceptance of the updated Terms of Use.

RIGHTS GRANTED AND RESTRICTIONS ON USE

We grant you a limited non-exclusive, non-transferable license to view, copy and print the material on this Web site (other than the design or layout of this Web site) for your non-commercial, personal use only. All copies that you make must retain all copyright and other notices that are on this Web site. Except as provided in the previous sentence, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trademarks, trade names, logos, information, software or other material or content in this Web site (referred to collectively, as the “content” of this Web site) without our prior written permission. You acknowledge and agree that this Web site and its content are the property of refresher.com, its affiliates or their respective service providers, suppliers or licensors and you will not acquire any rights or licenses in any trademarks, patents, copyright or other intellectual property on this Web site or in its content. This Web site and its content are protected by copyright, both individually and as a collective work or compilation and by trademark law, patent law and any other applicable laws.

YOUR AUTHORITY TO USE THIS WEB SITE

By using this Web site, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of this Web site and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with this Web site or its content, your sole and exclusive remedy is to stop using it.

REGISTRATION, ACCOUNTS AND PASSWORDS

Certain of the Services and related material, software, information, data and other content made available on the refresher.com site ("Content") may require registration or subscription. Should you choose to register or subscribe for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the refresher.com site, and (b) all activities that occur, including transaction effected, under such password or account. Further, you agree to notify refresher.com of any unauthorized use of your password or account. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

SUBSCRIPTION/FEE BASED SERVICES

Certain of the Services and Content made available on the refresher.com site may be offered by refresher.com on a payment basis. These Pay Services may be offered by refresher.com on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase or subscribe to certain Pay Services, you will be required to register as described at the time of registration for the Pay Service, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You will be responsible for all uses of your Pay Services Account, including transactions effected and all applicable Pay Services fees, together with all applicable taxes (collectively, the "Fees"), incurred through your Pay Services Account. You agree to pay all the Fees applicable for such Pay Service which you incur. You agree to immediately notify refresher.com of any unauthorized use of your Pay Services Account. Unless otherwise indicated in the registration process or in these Terms and Conditions, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each payment period for periodic Subscription Pay Services) to the method of payment you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable.

Please note that Subscription Pay Services may be billed automatically at the end of each payment period and Fees in respect of each payment period will be based on the then-current rate for the particular Subscription Pay Service. For additional clarity: refresher.com reserves the right to introduce an automatic renewal of Subscription Pay Services at any time in the future. The current practice is that subscriptions are not automatically renewed to provide subscribers the choice to renew at their discretion. Notices will be sent to subscribers before their subscription expires to provide the opportunity to renew before the expiry date.

You may terminate your Subscription at any time in accordance with these Terms and Conditions. Please note that all Fees are nonrefundable

In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including, without limitation, the disclaimers and limitation of liability set out herein; (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account; (c) that the Pay Service is for your personal, noncommercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever; (d) that refresher.com reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service; and (e) that refresher.com reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service in accordance with these Terms and Conditions.

MODIFICATION PAY SERVICE AGREEMENTS AND TERMS OF SERVICE IN CONNECTION WITH SUBSCRIPTION/FEE BASED SERVICE

We may at any time and from time to time amend or modify these Terms and Conditions including any Fees, features or other aspects of Pay Services, upon notice to you. Notification may be provided using one or more of the following methods: (i) ) e-mail to one or more of your email accounts provided to refresher.com; or (ii) posting on the refresher.com website. If you do not agree to any such amendments or modifications of these Terms and Conditions, your sole remedy is to immediately stop using the refresher.com site and Services, including Pay Services, and to terminate your Subscription and these Terms and Conditions in accordance with these Terms and Conditions.

TERMINATION

We reserve the right to suspend or terminate your Account and your access to the Site, Services and Content, including Pay Services, at any time for convenience, or for any other reason, including without limitation, if: (a) you give refresher.com and/or its affiliates or licensors false or misleading information; (b) refresher.com and/or its affiliates or licensors does not receive any payment when due; or (c) refresher.com has determined, in its sole discretion, that the use of the refresher.com site or of any Services through your Account is, or was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use. Any such termination by refresher.com will be in addition to and without prejudice to such rights and remedies as may be available to refresher.com, including injunction and other equitable remedies. If Fees cannot be charged to your payment method or your charge is returned for any reason, including chargeback, refresher.com reserves the right to either suspend or terminate your access to the Pay Services. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your Account and these Terms and Conditions.

You may terminate your subscription to a Pay Service for a Subscription at any time by accessing the "Cancel Subscription" link within the Member Centre section of the Site. All terminations will be effective at the end of the month in which such termination was effected. We will not provide any refund in connection with the termination of any Pay Service for a Subscription.

DISCLAIMERS

The information on this site is for informational purposes only. We and each of our affiliates, licensors, service providers, contributors and suppliers assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. The information contained on this Web site, including without limitation, any information obtained through the Web sites of our affiliates or through any other link on our Web site about individuals and firms, has been supplied by such individuals or firms without verification by us. We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made by such individuals or firms. Further, neither we, nor any of our affiliates, licensors, service providers, contributors or suppliers makes or has made any recommendations regarding the securities or investment services of any person or entity with respect to the content of this Web site, including, without limitation, the information available from the Web sites of our affiliates, or of the advisability of investing in securities generally for any particular individual.

ALTHOUGH THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.

NO DAMAGES

WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EDITORS, CONTRIBUTORS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEB SITE (OR A WEB SITE LINKED TO THIS WEB SITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF US, OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’, EDITORS, CONTRIBUTORS OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL REFRESHER.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER REFRESHER.COM HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE REFRESHER.COM SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE REFRESHER.COM SITE OR ANY OF THE SERVICES.

You expressly acknowledge that refresher.com has entered into these Terms and Conditions, and has and will make the refresher.com site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and refresher.com. You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your Pay Services or these Terms and Conditions.

SECURITIES

Neither we nor any of our affiliates, officers, directors, editors, employees, agents or licensors: (a) have passed on the merit of any of the securities referred to on this Web site, the Web sites of our affiliates or any linked site; or (b) has endorsed or sponsored any of these securities; or (c) makes or has made any recommendation regarding any securities issued by any of the companies identified on or linked to this Web site, nor the advisability of investing in securities generally for any particular individual. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT.

ADVERTISING AND LINKS

We may accept advertising from listed companies, brokers, educational institutions, service providers and other organizations and may receive a fee from their advertising on the refresher.com Web site and the Web sites of our affiliates. No endorsement by refresher.com is intended or implied by the presence of such advertising. As a convenience to our visitors, the refresher.com Web site currently contains links to a number of Web sites. The terms of use described here do not apply to those Web sites. We suggest contacting these Web sites directly for information on their terms of use policies. Your linking to such Web sites or pages is at your own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. refresher.com provides these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such Web sites.

HYPERLINKS

Unless you have a written agreement in effect with refresher.com which states otherwise, you may only provide a hypertext link to the refresher.com Web site on another Web site, provided that (a) the appearance, position and other aspects of the link is not such as to damage or dilute the goodwill associated with refresher.com's name and trademarks; (b) the appearance, position and other aspects of the link does not create the false appearance that an entity is associated with or sponsored by any of us; (c) the link, when activated by a user, displays refresher.com pages full-screen and not within a “frame” on the linked Web site; and (d) We reserve the right to revoke our consent to the link at any time in its sole discretion.

PROTECTING INFORMATION

We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet.

CHANGES TO TERMS OF USE

We reserve the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

VIOLATIONS OF TERMS OF USE

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our site.

OTHER COUNTRIES

This Web site can be accessed from countries around the world other than Canada and may contain references to refresher.com products, services, and programs that have not been announced in your country. These references do not imply that any of us intend to announce such products, services or programs in your country. We make no representation that the content on this Web site is appropriate or available for use in other locations, and accessing this Web site from territories where its content is illegal is prohibited. Those who choose to access this Web site from other locations do so, on their own initiative and their own risk and are responsible for compliance with local laws.

LAWS

This Web site (excluding linked sites) is controlled by refresher.com from its offices within the Province of Ontario, Canada. By accessing this Web site, you and refresher.com agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and refresher.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to any and all matters arising in connection with these Terms of Use.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.

THE BOTTOM LINE

Why all the above legalese?

Content: We strive to provide the most creative, interesting, accurate and ethical content in our sites. As we have grown with an increasing number of international contributors and an international audience I believe we have gained credibility and earned the trust of our viewers. Being trusted carries a great weight. I believe it is important for viewers to know and consciously accept the risks they face. But you need to know what they are. As we expand it is not physically possible to conduct the complete thorough due diligence of all information we present. That is a reality of growth and it is important that you as a valued viewer know, that while we do our very best, there are potential risks of inaccuracies, misrepresentation, or failure to perform by advertisers or contributors. We want you to know and be mindful of what you read here or anywhere else, and we don't want to be liable for things that are beyond our span of control.

Pay or Subscription Services: We are providing access to the articles in The CEO Refresher Archives and several other exclusive offers and benefits for viewers for a nominal cost. Viewers have the opportunity through the Index of Archives, Archive summary pages and Index by Author to examine the depth and breadth of articles in the archives and to then choose to subscribe. When you opt-in consciously for a one year subscription you will receive a one year subscription (period). There is no multi-year subscription offer as we believe you should reevaluate and have the flexibility to choose to opt-in and renew. There is no automatic renewal of your subscription at the present time to provide you the same flexibility of choice and minimize any aggravations should you choose not to renew. Renewal notices will be sent out in advance to allow you the opportunity to renew before the subscription expiry date. We think this is a mindful way to proceed to respect your privacy and choice and develop a most mindful network. And with all of the disclaimers, we don't want to be liable for things that are beyond our span of control.

Legalese has a role to play to limit liability as you grow, and for now it seems to be the most prudent thing to do. Please address any concerns or comments by way of the contact information page.

Thank you for your interest.

Regards

Rick Sidorowicz
Publisher and Editor of The CEO Refresher

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