Terms of Use

  1. Leadership Development Index

The Leadership Development Index (the “Index”) is provided to the User by the Center for Expanding Leadership and Opportunity (CELO), an Illinois nonprofit corporation (“CELO”). Any reference to CELO herein shall include CELO, any affiliates or subsidiaries of CELO, and their employees, officers, directors, subcontractors, consultants, and agents.

By clicking the “Accept” button, or by creating an online account (“User Account” or “your Account”), or by accessing or otherwise using CELO Index website and/or any associated content, tools, software, or services used or made available in connection with CELO Index (“Index Site”), each Administrator, Keyholder, and/or Evaluator (as defined below) (collectively referred to herein as “you” or “User”) agree to be bound by these Terms of Use (“Index Terms of Use”) as of the first day you create your Account (“Registration Date”). Our Service is not intended for nor targeted toward children under the age of thirteen (13). We do not knowingly collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) from children under the age of thirteen (13), and if we learn that we have collected such information, we will delete the information in accordance with COPPA. If you are a child under the age of thirteen (13), you are not permitted to use the Service and should not send any information about yourself to us through the Service. If you are a parent or guardian and believe we have collected information in a manner not permitted by COPPA, or if you know of a child under the age of thirteen (13) who has shared such information, please contact info@expandingleadership.org. If you are a minor between the ages of thirteen (13) and sixteen (16) years of age, you affirmatively authorize the sharing of your personal information. If you have difficulty accessing the Terms of Use or any other products, please contact info@expandingleadership.org in advance of registering for the Index.

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are using the Index Site on behalf of a corporation, tax exempt organization, educational institution or any other form of organization, you represent that you have the right, power and authority to enter into these Terms of Use on behalf of that organization and bind the organization to its terms. By submitting any personal information to us through the Index Site, you consent to the collection and use of your personal information in accordance with our Privacy Policy (https://index.expandingleadership.org/privacy/), the terms of which are hereby incorporated herein by reference.

The Index is a digital assessment tool that measures leadership capacities to accelerate personal and professional growth. There are three different types of products offered using the Index: (1) self-assessment (“Individual”), team asset mapping (“Team”) and evaluating program impact (“Program Impact”). CELO may also utilize the Index to incorporate 360 feedback for each type of product. By creating an Account, you will be able to access and complete the Leadership Development Index assessment (the “Assessment”) and access your report(s) (“Report”) via the Index Site. If you are purchasing on behalf of an organization, you will be able to provide access to the Assessment and site to individuals you choose who will each set up their own individual Account and agree to these Terms of Use (referred to herein as “Keyholders” and defined below). Each 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), CELO will grant you access to the content, features, and functionality made available on the Index Site. Please note that we reserve the right to suspend or cancel your Account (and/or if applicable your Keyholder(s)’ Accounts) at any time, or terminate your use (and/or if applicable your Keyholder(s)’ use) of the Index Site, at any time in our sole discretion, if there is any breach of these Terms of Use, or we reasonably suspect any violation of these Terms of Use by you, your organization, and if applicable your Keyholder(s).

  1. Fees

In order to access or provide access to the Index and related materials, you must create an Account and pay the applicable fees as specified by CELO (unless you are a Keyholder or Evaluator as defined below and your Administrator pays such fees). Payment of the fee(s) will grant you access to your Report(s) and any additional content, features, and/or functionality the Index may choose to make available in its sole discretion. Fees must be paid in advance via credit card, check or purchase order. CELO does not offer any refunds for purchased access to the Index. You (or if you are a Keyholder, the organization that provided you with access to your Account) are responsible for all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether imposed directly upon you or upon CELO) (“Taxes”) imposed on your use of the Site. If any of your payments are disputed, retracted, revoked, or otherwise withdrawn, CELO may, without limiting its other rights and remedies, suspend your access (and, if applicable, the access you have provided to Keyholders) to the Index Site until such amounts are paid in full.

  1. Administrator Access

The Index Site may allow you to purchase access for the benefit of another individual. If you do so, or you accept a role as an administrator for a purchase someone else and make use of the administrator feature (“Administrator), you will have the opportunity to provide CELO with each recipient’s contact information so that CELO may electronically deliver materials to the recipient. “Keyholder” shall mean each recipient who is given access to the Index and related materials, and “Key” shall mean access to complete the survey either to receive a Report, or to provide an evaluation of someone else at their request. Keyholders (whether they have purchased the Key or been provided with a Key by someone else) will receive a one-time access code that may be redeemed through creating an Account on the Index Site. Each Keyholder shall create an Index Account to establish themselves as a user on the Site. All Keyholder sales are final and are not eligible for refund. Key access codes may only be redeemed once and will become inactive once redeemed. For that reason, please do not share the Key access code with anyone other than the intended Keyholder. Keys that are not accepted (rejected) by the intended Keyholder may be reassigned. CELO shall not be responsible for any lost, stolen, or misplaced access codes. The Key will be valid for a period of one (1) year from the date of activation, whether or not the Keyholder completes the Assessment. Keys and Keyholder codes may not be resold under any circumstances. If you purchase a Key and the intended Keyholder cannot redeem the Key due to technical reasons, please contact CELO for assistance. Keys may not be available in languages other than English. If CELO stops making the Index site available, then any unredeemed Keys will expire.

  1. Additional Terms for Keyholders

Keyholders may be asked to respond to additional questions to assist with psychometric validation for future use, product improvement, enhancements or other research related reasons. CELO will use this information in accordance with our Privacy Policy. Keyholders hereby consent to their Reports being shared with their Administrator.

  1. Additional Terms for 360 Feedback and Evaluators

Any of the Index products (Individual, Team and Program Impact) may include a 360 feedback option, whereby either the individual Keyholder or administrator selects other individuals to provide feedback on the Keyholder through the Index. Each person who provides such feedback regarding a Keyholder shall be an “Evaluator”. Each Evaluator will be required to establish an Index Account in order to provide feedback. While the identity of the Evaluator will not be disclosed directly to the Keyholder through the Index Site, the Keyholder may be able to identify the Evaluator because (i) the Keyholder may have a role in identifying the Evaluator for participation, and (ii) the feedback from the Evaluator is shared with the Keyholder and is not confidential.

  1. Data & Privacy

In order to provide and/or deliver the Assessment, Report(s), and Index Site to you, CELO must collect personal information from you. CELO will use your personal information in accordance with CELO’s Privacy Policy (https://index.expandingleadership.org/privacy). In order to provide you with ongoing access to your Report(s) and the Index Site, CELO will store personal information associated with your Account for as long as your Index Account remains active. If your Index Account becomes inactive for thirty-six (36) months, CELO will terminate your Index Account and anonymize the survey data that was collected while associated with your Index Account. When your Index Account is terminated or anonymized, then you will lose access to your Index Account and all associated data. Once your Index Account has been terminated or anonymized, you will be required to create a new Index Account and pay the fees stated on the site if you want to generate a new Report. At all times, including while your Index Account remains active or inactive and thereafter, CELO reserves the right to retain all deidentified data generated in non-personally identifiable format for CELO research, product development, and other purposes.

  1. Family Educational Rights and Privacy Act (“FERPA”) and Children’s Online Privacy Protection Act (“COPPA”)

In the event that you are subject to the provisions of the Family Educational Rights and Privacy Act (FERPA) as a FERPA-covered entity, the parties agree as follows:
(A) You agree that CELO is appointed as a “school official” as that term is used in FERPA §§ 99.31(a)(1) and as it is interpreted by the Family Policy Compliance Office. You have determined that CELO has a “legitimate educational interest,” as defined by FERPA, for the purpose of carrying out its responsibilities under these Terms of Use.

(B) CELO acknowledges that it shall be bound by all relevant provisions of FERPA and agrees that all personally identifiable student information as defined in FERPA (“PII”) collected or received will remain under the “direct control” of the FERPA-covered entity. The parties further agree that PII will only be used to fulfill CELO’s responsibilities under the Index Terms of Use and for research, development, and improving services under the Index Terms of Use.

(C) PII will only be disclosed to third parties operating in partnership with CELO as necessary to provide the services described in the Index Terms of Use. CELO agrees that all such third parties are contractually bound to manage the information in compliance with FERPA and all applicable privacy laws, and that they are only authorized to use the PII for the sole and limited purpose of providing the services described in the Index Terms of Use.

(D) CELO will not disclose PII to third parties except to subcontractors who assist in administering the Index and processing Index results or as expressly authorized by FERPA and provided for in the Index Terms of Use, or as required by law, without signed and dated written consent of the student’s parent/legal guardian, or if the student is eighteen (18) years of age or older, signed and written consent of the student.

(E) CELO ensures that all PII in its possession and in the possession of any subcontractors or agents to which CELO may have transferred the PII, is destroyed or transferred to the FERPA-covered entity when the PII is no longer needed for its specified purpose under the Index Terms of Use, or at the request of the FERPA-covered entity at any time.

(F) CELO may use de-identified data for product development, research, or other purposes. De-identified data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, ID numbers, date of birth, demographic information, location information, and school ID. Furthermore, CELO agrees not to attempt to re-identify de-identified data and to not transfer de-identified data to any third party unless that party agrees that it will not attempt re-identification.

(G) Index materials are not intended for children under 13 years of age, and CELO does not knowingly collect personal information from children under 13. In the event that children under the age of 13 are authorized to submit PII as defined in the Children’s Online Privacy Protection Act (“COPPA”), you will be responsible for obtaining verifiable parental consent prior to use. You agree to notify CELO in writing whenever you make the services described in the Index Terms of Use available to children under 13, and CELO shall fully comply with COPPA and any rules or regulations promulgated thereunder. If CELO learns that it has collected or received personal information from a child under 13 years old without verification of parental consent, it will delete that information.

  1. Your Responsibilities

CELO makes the Index available on a ‘one-user-per-account’ basis. You may not share your Account or your username and password combination with anyone else. You shall use your best efforts to prevent unauthorized access to or use of your Account and shall notify CELO immediately upon discovery of any unauthorized access or use. You shall not sell, resell, rent, or lease your access to Index or offer the Assessment or the Index Site’s scoring services to any third party. You shall not use the Index Site to store or transmit any infringing, libelous, or otherwise unlawful or tortious material. You shall not use the Index Site to store or transmit malicious code or software that will impair the functionality of the Index Site or other websites or devices, or otherwise access the Index Site in a manner not specifically authorized by these Index Terms of Use. You shall not interfere with or disrupt the performance of the Index Site or attempt to gain unauthorized access to the Index Site for yourself or for others. You shall not copy, frame, or mirror any part of the Index Site or any content made available on it. You shall not reverse-engineer the Index, materials accessed through the Index Site, the Assessment, any Report, or the scoring thereto. You shall not access the Index or the Index Site in order to build a competitive product or service or to copy any features, functions, scoring, or any of CELO’s Content (as defined below) 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.

  1. Downtime & Availability

CELO will use commercially reasonable efforts to make the Index Site available at all times except for planned downtime and unavailability caused by circumstances beyond CELO’s 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 the Index Site. You agree that your payment of fees relating to your use of the Index Site are not contingent upon the delivery of any additional functionality or any additional support from CELO. CELO reserves the right to make the Index Site unavailable, either temporarily or permanently, by providing written notice to you via the Index Site.

  1. Intellectual Property

Your use of the Index and/or Index Site involves CELO’s intellectual property and/or intellectual property that has been licensed to CELO, and your use of that intellectual property is governed by these Index Terms of Use. You acknowledge and agree that as between you and CELO, CELO is the sole and exclusive owner and/or non-exclusive licensee of all Content and the Site (and the accompanying intellectual property rights). Index Content shall mean all information, materials, images, videos, animations, software, processes, and documents associated with the Index Site, the Index, and the Index’s services, including but not limited to all aspects of the Assessment, including its design, all data resulting from Assessments, survey questions, and any Report(s). CELO reserves all right, title, and interest in and to the Index Content, including all copyrights, trademarks, and other intellectual property rights. Your limited license to use the Index Content is expressly limited by these Terms of Use.

The Index provides you with the ability to purchase an electronic administration of the Assessment in order to generate your Report(s). If you purchase such an administration, then CELO grants you as an Administrator or Keyholder a limited license to access and view your Report(s) (and the supplemental content made available on the site) but only for your personal, non-commercial use that conforms to your obligations under these Terms of Use. You may download the PDF copy of your Report and keep the Report for your personal use. However, you may not at any time, republish your Report, the Assessment, or any other Content in any way, including online via screen shots. In order to enhance Index and other services, CELO may retain any data provided to the Index and use it so long as it is appropriately anonymized. You agree not to infringe any of CELO’s and/or its licensors’ intellectual property rights in any content licensed to you. This limited license that CELO grants to you are non-exclusive, non-transferable, and non-sublicensable, and expires when your Index Account terminates, except that you may keep the Report for your personal use after the expiration and termination of the license. You may not alter or modify any of the Content. You may not distribute any 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 Report or other Content.

The Index Site may allow you to provide written feedback on one or more aspects of the site. If you choose to provide such feedback, CELO may (but is not obligated to) use such feedback to alter or improve the site and its associated functionality or for marketing purposes. CELO has 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.

  1. User Content

The Index Site may provide you with the ability to create, post, or share content, including by posting messages in chat rooms or comments on blog posts, or via other means (“User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to your User Content and you are responsible for protecting those rights. You understand and agree that you will not obtain, through the use of the Index Site, any right, title or interest (including intellectual property rights) in any content delivered via the Index Site. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any content posted by other Index Site users.

You represent and warrant that: (i) you own the User Content posted by you on or through the Index Site or that you otherwise have the right to grant the license set forth below; (ii) the posting and use of your User Content does not violate the privacy rights, publicity rights, copyrights, contractual rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your User Content on the Index Site does not result in a breach of contract between you and a third party. You acknowledge and agree that your User Content is non-confidential and non-proprietary and you agree to pay all monies owed to any person as a result of posting your User Content on the Index Site.

By creating, posting or sharing any User Content on or through the Index Site, you grant CELO an irrevocable, perpetual, transferrable, unconditional, unrestricted, sublicensable, world-wide, non-exclusive, royalty-free license to copy, use, reproduce, modify, remove, publish, upload, distribute, transmit, publicly display and create derivative works from your User Content for any purpose, without compensation to you, including for the purpose of promoting the Index Site and the services offered. You waive any rights You may have regarding your User Content being altered or manipulated in any way that may be objectionable to You. We reserve the right to refuse to accept, post, display, or transmit any of Your User Content in our sole discretion. CELO does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users of the Index Site. You accept that any reliance on material posted by other users of the Index Site or other third parties will be at your own risk. By using the Index Site you accept the risk that you might be exposed to content posted by other users that you may disagree with.

You are solely responsible for your User Content that is posted on the Portal and/or Index Site and we do not endorse, nor are we responsible for, Your User Content. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and you agree that you are solely responsible for any consequences that may arise from the posting of your User Content on or through the Portal and/or Index Site. You may expose yourself to liability if, for example, your User Content contains material that is false, misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

  1. Term & Termination

Your use of the Index, Index Site, and/or Materials shall be governed by these Terms of Use starting on your Registration Date.

You may request that CELO delete your Index Account at any time by providing CELO with thirty (30) days’ written notice. Should you choose to delete your Index Account, you will not receive any refunds (if applicable), and you (or an organization on your behalf) will need to create a new Index Account and pay the applicable fees if you wish to generate a new Report.

CELO, in its sole discretion, may terminate your Index Account (or your Keyholder(s)’ or Evaluator(s)’ Account(s) if applicable) immediately at any time, for any reason, with no penalty, by providing written notice to you. Such termination by CELO shall be effective as of the date CELO provides such notice.

If your Index Account is deleted, then you will lose all access to Index Site and your Index Account data, including all Report(s) (except for a previously downloaded PDF copy of your Report), and these Terms of Use shall terminate.

  1. Liability; Indemnification

To the extent not prohibited by applicable law, you agree to defend and indemnify CELO, 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.

CELO AND THE INDEX SITE ARE NOT INTENDED TO BE USED FOR EMPLOYMENT OR EDUCATIONAL DECISION-MAKING PURPOSES, AND YOU SPECIFICALLY WAIVE ANY AND ALL LIABILITY FOR THE USE OF THE INDEX AND THE INDEX SITE IN ANY WAY THAT IS NOT INTENDED. IN NO EVENT SHALL CELO 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 CELO 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 CELO’S 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.

WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS INHERENT WITH USING THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND CELO SHALL HAVE NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ANY THIRD PARTIES, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO ANY THIRD-PARTY SOFTWARE THAT WE PARTNER WITH. YOU ACKNOWLEDGE AND AGREE THAT WE DISCLAIM ANY AND ALL LIABILITY ASSOCIATED WITH THE SOFTWARE, CONTENT AND SERVICES PROVIDED THROUGH THE SITE.

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

  1. General Provisions

These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties. Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under shall be in writing. Notices to the Center for Expanding Leadership Opportunity shall be addressed using the information made available under the “Contact” portion of the site. All notices to you shall be addressed to the most recent contact information associated with your Account. No failure or delay by CELO in exercising any right under these Terms of Use shall constitute a waiver of that right. Other than as expressly stated herein, CELO’s 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 CELO. These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed by the laws of the state of Illinois. At CELO’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Index Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the state of Illinois. 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 Index Account.

  1. Electronic Notices

By using the Index Site or providing any personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Index Site. If we learn of a security breach relating to your personal information that is required to be reported to you pursuant to applicable state law, we may attempt to notify you electronically by posting a notice on the Index Site or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice via regular mail of a security breach that is required to be reported to you under applicable state law, (or to withdraw your consent to receive electronic notices), please contact us.

  1. Revisions to These Terms of Use

We reserve the right, in our sole discretion, to revise these Terms of Use at any time, in whole or in part, by posting an updated version on the Index Site, without prior notice. Changes to these Terms of Use will be effective when posted. After changes to these Terms of Use are posted, your continued use of the Index and the Index Site constitutes your binding acceptance of these Terms of Use. If you object to any changes to these Terms of Use, your sole recourse will be to stop using the Index and the Index Site.

  1. Entire Agreement

These Terms of Use, together with our Privacy Policy shall constitute the entire agreement between you and CELO in relation to your use of the Index and the Index Site.

Contact Us

info@expandingleadership.org 

Effective Date: July 1, 2023