Agreement between User and VantagePointCompany.com
Welcome to VantagePointCompany.com. The VantagePointCompany.com website (the “Site”) is
comprised of various web pages operated by Vantage Point Company (“Vantage Point Co”).
VantagePointCompany.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of
VantagePointCompany.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
VantagePointCompany.com is a Management Consulting Site.
Vantage Point Company provides management consulting, executive coaching, and business
training services to small and medium size businesses worldwide.
Visiting VantagePointCompany.com or sending emails to Vantage Point Co constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Vantage Point Co does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use VantagePointCompany.com
only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
VantagePointCompany.com may contain links to other websites (“Linked Sites”). The Linked
Sites are not under the control of Vantage Point Co and Vantage Point Co is not responsible for
the contents of any Linked Site, including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Vantage Point Co is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by Vantage Point Co of
the site or any association with its operators.
Certain services made available via VantagePointCompany.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
VantagePointCompany.com domain, you hereby acknowledge and consent that Vantage Point Co
may share such information and data with any third party with whom Vantage Point Co has a
contractual relationship to provide the requested product, service or functionality on behalf of
VantagePointCompany.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
use of the Site, you warrant to Vantage Point Co that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Vantage Point Co or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Vantage Point Co content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Vantage Point Co and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Vantage Point Co or our licensors except as expressly authorized by
Third Party Accounts
You will be able to connect your Vantage Point Co account to third party accounts. By connecting
your Vantage Point Co account to your third party account, you acknowledge and agree that you
are consenting to the continuous release of information about you to others (in accordance with
your privacy settings on those third party sites). If you do not want information about you to be
shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Vantage Point Co from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Vantage Point Co Content
accessed through VantagePointCompany.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Vantage Point Co, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Vantage Point Co reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully cooperate
with Vantage Point Co in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Vantage Point Co agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. VANTAGE POINT COMPANY AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VANTAGE POINT COMPANY AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. VANTAGE POINT COMPANY AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL VANTAGE POINT COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF VANTAGE POINT COMPANY OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Vantage Point Co reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you hereby
consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Vantage Point Co as a result of this agreement or use of the Site. Vantage Point Co’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Vantage Point Co’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Vantage Point Co with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Vantage Point Co with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Vantage
Point Co with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Vantage Point Co reserves the right, in its sole discretion, to change the Terms under which
VantagePointCompany.com is offered. The most current version of the Terms will supersede all
previous versions. Vantage Point Co encourages you to periodically review the Terms to stay
informed of our updates.
Vantage Point Co welcomes your questions or comments regarding the Terms:
Vantage Point Company
205 N De Anza Suite 50
San Mateo, California 94402
Effective as of January 01, 2020