Terms of use

Effective Date: 3 November 2020

By clicking 'I Accept,' or by taking the Expansive Thinking quiz ("ET quiz"), or by accessing or otherwise using the expansive-thinking.com website ("ET website"), you agree to be bound by these ET website Terms of Use ("Terms of Use") as of the first day you access the ET website ("Date"). The ET website and ET quiz will collectively be referred to as ET Online ("ET Online").

1. The ET Online

ET Online is provided by Rolf Pfeiffer, a Managing Partner at Bernotat & Cie. GmbH, based in Frankfurt, Germany and Lisa Christen, CEO of Christen Coaching & Consulting GmbH based in Baar, Switzerland. These companies will be referred to as “participating companies”. By accessing ET Online, you will be able to complete the ET Quiz and generate your report ("Report"). Each ET Quiz account may only be used by a single, named user. Subject to these Terms of Use, including (without limitation) payment of the applicable fee(s) detailed on the site, the Companies shall grant you access to the content, features, and functionality made available on ET Online.

2. Fees & Payment Terms

In order to complete the Quiz and access your Report, you must provide your email address and pay any fees specified on the site. Payment of the fee(s) will grant you access to your report and any additional content, features, or functionality the Companies may choose to make available in its sole discretion.

You are responsible for all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether such exactions are imposed directly upon you or upon the Companies) ("Taxes") imposed on your use of ET Online. "Taxes" do not include any taxes that are imposed on or measured by the net income of the Companies.

If any of your payments are disputed, retracted, revoked, or otherwise withdrawn, the Companies may, without limiting its other rights and remedies, suspend your access to ET Online until such amounts are paid in full.

3. Gifting

The site may allow you to purchase access for the benefit of another individual (e.g., gifting). If you choose to make use of the gifting feature, you must provide the Companies with the gift recipient's contact information so that the Companies may electronically deliver the gift to the gift recipient. When you purchase access to the site as a gift, the Companies will provide you with a one-time access code which can be shared with the gift recipient so that the gift recipient may redeem the gift and access the site. All gift sales are final and are not eligible for return. Gift access codes may only be redeemed once and will become inactive once redeemed. For that reason, please do not share the gift access code with anyone other than the gift recipient. The Companies shall not be responsible for any lost, stolen, or misplaced gift access codes. Gifts may not be resold under any circumstances. If you purchase a gift and the gift recipient cannot redeem the gift due to technical reasons, please contact the Company at hello@expansive-thinking.com for assistance. Gifts may not be available in all languages. If the Company stops making the ET Online site available, then any unredeemed gifts will expire.

4. ET Online Data & Privacy

In order to deliver the ET Quiz, Report, and ET website to you, the Companies must collect personal information from you. The Company will use your personal information in accordance with the Company's Privacy Policy, a copy of which is made available on the site. In order to provide you with ongoing access to your Report and the site, the Companies will store personal information associated with your ET Online account for as long as your ET Online account remains active. If your ET Online account becomes inactive for thirty-six (36) months, the Companies reserve the right to terminate your ET Online account and anonymize the personal information associated with your ET Online account. If your ET Online account is terminated or anonymized, then you will lose access to your ET Online account and all associated data. Once your ET Online account has been terminated or anonymized, you will be required to create a new account and pay the fees stated on the site if you want to generate a new Report. At all times, including while your ET Online account remains active or inactive and thereafter, the Companies reserves the right to retain all data generated via ET Online in non-personally identifiable format for the Companies' research, product development, and other business purposes.

5. Your Responsibilities

The Companies make ET Online available on a 'one-user-per-account' basis. You may not share your ET Online account or your ET Online username and password combination with anyone else. You shall use your best efforts to prevent unauthorized access to or use of your ET Online account and shall notify the Companies immediately upon discovery of any unauthorized access or use. You shall not sell, resell, rent, or lease your access to ET Online or offer the ET Quiz or the site's scoring services to any third party. You shall not use ET Online to store or transmit any infringing, libelous, or otherwise unlawful or tortious material. You shall not use ET Online to store or transmit malicious code or software that will impair the functionality of ET Online or other websites or devices, or otherwise access ET Online in a manner not specifically authorized by these Terms of Use. You shall not interfere with or disrupt the performance of ET Online or attempt to gain unauthorized access to ET Online for yourself or for others. You shall not copy, frame, or mirror any part of the site or any content made available on it. You shall not reverse-engineer ET Online, the ET Quiz, your Report, or the scoring thereto. You shall not access ET Online in order to build a competitive product or service or to copy any features, functions, scoring, or content made available on the site. You shall not remove any copyright, patent, trademark, design right, trade secret, or any other proprietary rights notices from any part of the site or the materials made available on the site.

6. Downtime & Availability

The Companies will use commercially reasonable efforts to make ET Online available at all times except for planned downtime and unavailability caused by circumstances beyond the Companies' reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures or Internet service provider failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability of ET Online. You agree that your payment of fees relating to your use of ET Online are not contingent upon the delivery of any additional functionality or any additional support from the Companies.

The Companies reserves the right to make ET Online unavailable, either temporarily or permanently, by providing written notice to you via the site.

7. Intellectual Property

Your use of ET Online involves the Companies' intellectual property, and your use of that intellectual property is governed by these Terms of Use. You acknowledge and agree that the Companies is the sole and exclusive owner of all ET Online content (and their accompanying intellectual property rights). The Companies reserves all right, title, and interest in and to the ET Online content, including all intellectual property rights. Your limited license to use ET Online content is expressly limited by these Terms of Use.

ET Online provides you with the ability to purchase an electronic administration of the ET Quiz in order to generate your Report. If you purchase such an administration, then the Companies grant you a limited license to access and view your Report (and the supplemental content made available on the site) but only for your personal, non-commercial use. You agree not to infringe any of the Companies' intellectual property rights in any content licensed to you. This limited license that the Companies grants to you is non-exclusive, non-transferable, and non-sublicensable, and expires when your ET Online account terminates. You may not alter or modify any ET Online content. You may not distribute any ET Online content in any manner not specifically anticipated by these Terms of Use. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any ET Online content.

The site may allow you to provide written feedback on one or more aspects of the site. If you choose to provide such feedback, the Companies may (but is not obligated to) use such feedback to alter or improve the site and its associated functionality. The Companies have no duty to view or use any feedback you provide, nor to attribute any feedback to you. You will not be compensated for any feedback you submit.

8. Term & Termination

Your use of ET Online shall be governed by these Terms of Use starting on your Registration Date.

You may request that the Companies delete your ET Online account at any time by providing the Companies with thirty (30) days' written notice. Should you choose to delete your account, you will not receive any refunds, and you will need to create a new account and pay the fees specified on the site if you wish to generate a new Report.

If the Companies determine, in their sole discretion, that you have breached these Terms of Use, then the Companies may terminate your ET Online account without providing written notice to you. Such termination by the Companies shall be effective as of the date the Companies determine.

If your account is deleted, then you will lose all access to ET Online and your ET Online account data.

9. Miscellaneous

You agree to defend and indemnify the Companies, its officers, directors, employees, and assigns against any claims, damages, losses, costs, or liabilities of any kind (including reasonable attorneys' fees) arising out of or in connection with any actual or alleged breach of these Terms of Use, or in connection with any third-party suits or claims alleging matters which, if true, would constitute a breach of these Terms of Use.

IN NO EVENT SHALL THE COMPANIES HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANIES' LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS OF USE.

THE SITE AND ITS ASSOCIATED FUNCTIONALITY ARE PROVIDED "AS-IS." THE COMPANIES MAKE NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS FUNCTIONALITY, INCLUDING ANY REPRESENTATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties; we are independent contractors. Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under shall be in writing. Notices to the Companies shall be addressed using the information made available under the "Contact Us" portion of the site. All notices to you shall be addressed to the most recent contact information associated with your ET Online account. No failure or delay by the Companies in exercising any right under these Terms of Use shall constitute a waiver of that right. Other than as expressly stated herein, the Companies' remedies provided herein are in addition to, and not exclusive of, any other remedies at law or in equity. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of use shall remain in effect. You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of the Companies. These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed by the laws of Germany and/or Switzerland, and the place of performance of the contract is the country of incorporation of that entity. These Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. Any provisions of these Terms of Use that by their nature would survive shall survive any termination or expiration of these Terms of Use or termination or expiration of your ET Online account. The Companies may update these Terms of Use at any time for any reason by providing written notification to you via the site.

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