As of July 1st, 2016, 360 Performance Circle has become
Kaizen Online, a part of Kaizen Institute

KI

Terms of Use


Summary of Terms of Use

This summary contains the key elements of our Terms of Use.  See the section below for the complete text.  

    Product Licenses

Standard license for streaming videos 

One year, one site, unlimited computers, and unlimited users (at that one site).  A site is defined as a single physical location—a plant, campus, hospital, etc. (anything you can put a fence around).  Some companies may have multiple campuses in a single city, but each location would be considered a separate site.

Enterprise licenses are for organizations that have multiple sites governed by one overall license; these are custom designed based on its unique needs and structure.  Please contact us for further information.

Licenses for products other than streaming videos 

Examples include books, manuals, training aids, etc.  The licenses, if any, for these products are identified on their respective product pages. 

Email Registration Policy

By providing your email address, you agree to receive email from us.  We keep your information private.  You may opt-out at any time by clicking the unsubscribe button at the bottom of the email.


Terms of Use (complete text)

This Terms of Use covers the use of our website, products, and services.  It contains standard items you expect to see from companies offering licenses for training, media, software, broadcast, etc. 

We tried to make this as simple as possible.  We reviewed many different versions of these kinds of agreements, and decided that they were overly complicated, long, and a bit obnoxious.  So we asked our lawyers for help in writing a plain and simple document.  Here's what we ended up with (and we apologize for any obnoxiousness that remains). 

This is an agreement between you and Kaizen Institute Online, Inc. (which includes “we” or “us”) regarding use of the website and its contents.  Before using our website and its content, please review these Terms of Use and all rules and policies that we post or update related to use of this website.

You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any products or services from this website.

If you use this service, you will be bound by this Agreement, whether or not you have registered with Kaizen Institut Online, Inc..  If you do not agree with these terms, your sole recourse is to refrain from accessing 360PerformanceCircle.com.

Your continued access to this website will be considered as your acceptance of this Agreement. Kaizen Institute Online, Inc. may deny, restrict, suspend, or terminate your access to all or part of 360 Performance Circle if it believes you have violated this Agreement.  

1.0   The Service

1.1   Service Description:  Online and on-demand training courseware.  

1.2   Service Plan Fees:  For your paid service and subscriptions, the price stated does not include any taxes we may charge.  Payment is non-refundable, even if you stop using your subscription.  If you upgrade your subscription, the upgrade will take effect immediately, we will charge you the applicable fee, and your subscription plan term may be extended as will be described at the time you upgrade. 

1.3   Automatic Renewal:  Prior to your subscription expiring, we will notify you that it will automatically renew at the end of its term, and you authorize us (without notice) to collect the then-applicable fee and any taxes for the renewal plan using a credit card we have on record for you.  Prior to automatic renewal you will be provided with a simple method to instruct us to discontinue the the subscription if you desire.  Service Plan fees and features may change over time.  Your renewal plan will be the one we choose as being closest to the service plan that is renewing.

2.0   Intellectual Property Rights

2.1   Copyrights: This website and its contents are the copyrighted property of Kaizen Institute Online, Inc..  Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyrighted property displayed on the website without the prior written permission of the copyright owner.  Kaizen Institute Online, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law.  

All content available through Kaizen Institute Online, Inc. is the proprietary property of Kaizen Institute Online, Inc. or its licensors. All eligible users are granted a limited license to access and use content on Kaizen Institute Online, Inc..

2.2   Misuse:  Kaizen Institute Online, Inc.’s policy is to respond promptly to claims of intellectual property misuse and to comply with the Digital Millennium Copyright Act of 1998.  If you feel your work has been copied and is accessible on Kaizen Institute Online, Inc. in a way that is a copyright infringement, contact us by e-mail at:  contact@360PerformanceCircle.com or send written notice to Kaizen Institute Online, Inc., 4210 198th 198th Street S.W., Suite 111, Lynnwood, WA  98036. Please include your name, description of the original work, description of the infringing work, location or URL of the infringing work, address, telephone, and email together with your statement that you hold a good faith belief that the alleged infringement was unauthorized.  Kaizen Institute Online, Inc. will promptly investigate and will take appropriate action under the DMCA and other applicable laws.

Kaizen Institute Online, Inc. will remove submissions that violate copyright law.  Please note that you will be liable for damages, including costs and attorneys’ fees, if you misrepresent that a work or material is infringing your copyrights.  If you are unsure,Kaizen Institute Online, Inc. recommends you first contact an attorney prior to sending a takedown notice.

3.0  Payment

3.1  Credit card purchases are processed immediately via the shopping cart.  Purchase order purchases require the purchase order to be received within 15 days so we can send out the invoice, which is due Net 30. 

4.0   Content Submittal

4.1   Content Submittal for Consideration:    You may submit content you have created and own to Kaizen Institute Online, Inc. on a non-confidential basis for evaluation for inclusion on our website.  Unless otherwise agreed in writing, you grant Kaizen Institute Online, Inc. unrestricted license to use, modify, and commercialize your content. Kaizen Institute Online, Inc. is under no obligation to use the content you submit, and may use or have used similar content from different sources.  When submitting content, you agree not to assert any claim against Kaizen Institute Online, Inc. or our customers if other content on our site is similar to the content you submitted.  

5.0   Links to Third Party Websites

5.1   Links to Third Party Sites:  Kaizen Institute Online, Inc. doesn’t endorse, maintain, or bear any responsibility for any of the websites linked the Kaizen Institute Online, Inc. website, so connecting through these links is done at your own risk.  The content or opinions expressed in these non-Kaizen Institute Online, Inc. websites is not investigated or vetted by Kaizen Institute Online, Inc., and Kaizen Institute Online, Inc. disclaims any warranty, express or implied, with respect to the content of these linked website.

6.0   Disclaimer

6.1   No Warranty:  Use of this website is at your own risk.  Everything provided on this site is “as is” without warranty of any kind, express or implied.  Kaizen Institute Online, Inc. specifically disclaims warranties and conditions of any kind.   360 Performance  Circle bears no responsibility for errors or omissions in the context of this site, for your action or inaction in connection with this site, or for any damage to your computer, data, or any other kind of damages arising from your use of this site.   There are no circumstances where Kaizen Institute Online, Inc., or its affiliates, will be liable for any direct, indirect, punitive, incidental, special, or consequential damages connected with the use of this website.  

Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

7.0   Indemnificiation

7.1   You agree to indemnify and hold Kaizen Institute Online, Inc., our officers, directors and employees and partners harmless from and against any and all liability, losses, costs, and expenses, including attorneys' fees, incurred by Kaizen Institute Online, Inc. in connection with any claim arising from your use of Kaizen Institute Online, Inc..  

8.0   General

8.1   No Waiver:  Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

8.2   Amendment:  We may amend the Agreement at our sole discretion by posting the revised terms, but any increase in fees will not affect the cost of your service plan during its term.  Your continued use of the website after an amendment is posted indicates your agreement to be bound by it.

8.3   Suspension and Termination:  Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms.  We can block your access to the website at our digression if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, involves fraud, or harms our interests or another user of the service.  If blocked for these reasons you will not receive a refund of any fees or any other compensation.

8.4   Disputes/Binding Arbitration:  Any dispute or claim arising from or relating to the Agreement or use of the Kaizen Institute Online, Inc. website is subject to binding arbitration in accordance with the Rules of the American Arbitration Association and governing law of the State of Washington.    The decision of the arbitrators will be binding.

9.0   Changes

9.1   You agree that Kaizen Institute Online, Inc. may change these Terms of Use as well as the content of the website at any time and without notice.

10.0   Relationship

10.1   You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kaizen Institute Online, Inc. solely as a result of your use of this website.

11.0  Entire Agreement

11.1  This Agreement constitutes the entire agreement between Kaizen Institute Online, Inc. and you with respect to Kaizen Institute Online, Inc..