1. The Aspen Institute Leadership Development Index
The Aspen Institute Leadership Development Index (the “Aspen Index”) is provided by The Aspen Institute, Inc. a Colorado nonprofit corporation (the “Aspen Institute”). Any reference to the Aspen Institute herein shall include the Aspen Institute, any affiliates or subsidiaries of the Aspen Institute, and their employees, officers, directors, subcontractors, consultants, and agents.
In order to access or provide access to the Aspen Index, you must create an Aspen Index Account and pay the applicable fees as specified by the Aspen Institute (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 Aspen Institute may choose to make available in its sole discretion. Fees must be paid in advance via credit card, check or purchase order. The Aspen Institute does not offer any refunds for purchased access to the Aspen Index. You (or if you are a Keyholder, the organization that provided you with access to your Aspen Index 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 the Aspen Institute) (“Taxes”) imposed on your use of the Aspen Index Site. “Taxes” do not include any taxes that are imposed on or measured by the net income of the Aspen Institute. If any of your payments are disputed, retracted, revoked, or otherwise withdrawn, the Aspen Institute may, without limiting its other rights and remedies, suspend your access (and, if applicable, the access you have provided to Keyholders) to the Aspen Index Site until such amounts are paid in full.
3. Administrator Access
The Aspen 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 of the Aspen Index by someone else and make use of the administrator feature (“Administrator), you will have the opportunity to provide the Aspen Institute with each recipient’s contact information so that the Aspen Institute may electronically deliver the Aspen Index to the recipient. “Keyholder” shall mean each recipient who is given access to the Aspen Index, and “Key” shall mean access to complete the Aspen Index 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 Aspen Index Account on the Aspen Index Site. Each Keyholder shall create an Aspen Index Account to establish themselves as a user on the Aspen Index 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. The Aspen Institute 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 the Aspen Institute at email@example.com for assistance. Keys may not be available in languages other than English. If the Aspen Institute stops making the Aspen Index site available, then any unredeemed Keys will expire.
4. Additional Terms for Keyholders
5. Additional Terms for 360 Feedback and Evaluators
Any of the Aspen 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 Aspen Index. Each person who provides such feedback regarding a Keyholder shall be an “Evaluator”. Each Evaluator will be required to establish an Aspen Index Account in order to provide feedback. While the identity of the Evaluator will not be disclosed directly to the Keyholder through the Aspen 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.
6. Data & Privacy
7. 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:
(F) The Aspen Institute 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, the Aspen Institute 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.
8. Your Responsibilities
9. Downtime & Availability
The Aspen Institute will use commercially reasonable efforts to make the Aspen Index Site available at all times except for planned downtime and unavailability caused by circumstances beyond the Aspen Institute’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 Aspen Index Site. You agree that your payment of fees relating to your use of the Aspen Index Site are not contingent upon the delivery of any additional functionality or any additional support from the Aspen Institute.
The Aspen Institute reserves the right to make the Aspen Index Site unavailable, either temporarily or permanently, by providing written notice to you via the Aspen Index Site.
10. Intellectual Property
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 Aspen Institute may (but is not obligated to) use such feedback to alter or improve the site and its associated functionality or for marketing purposes. The Aspen Institute 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.
11. User Content
The Aspen 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 Aspen Index Site, any right, title or interest (including intellectual property rights) in any content delivered via the Aspen Index Site. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any content posted by other Aspen Index Site users.
You represent and warrant that: (i) you own the User Content posted by you on or through the Aspen 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 Aspen 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 Aspen Index Site.
By creating, posting or sharing any User Content on or through the Aspen Index Site, you grant the Aspen Institute 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 Aspen Index Site and the services we offer. 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. We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users of the Aspen Index Site. You accept that any reliance on material posted by other users of the Aspen Index Site or other third parties will be at your own risk. By using the Aspen 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 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. 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.
12. Term & Termination
You may request that the Aspen Institute delete your Aspen Index Account at any time by providing the Aspen Institute with thirty (30) days’ written notice. Should you choose to delete your Aspen Index Account, you will not receive any refunds (if applicable), and you (or an organization on your behalf) will need to create a new Aspen Index Account and pay the applicable fees if you wish to generate a new Report.
The Aspen Institute, in its sole discretion, may terminate your Aspen 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 the Aspen Institute shall be effective as of the date the Aspen Institute provides such notice.
13. Liability; Indemnification
WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS INHERENT WITH USING THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND THE ASPEN INSTITUTE 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 ASPEN INDEX SITE.
THE SITE AND ITS ASSOCIATED FUNCTIONALITY ARE PROVIDED “AS-IS.” THE ASPEN INSTITUTE MAKES 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 ASPEN INSTITUTE DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
14. General Provisions
15. Electronic Notices
By using the Aspen 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 Aspen 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 Aspen 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 at firstname.lastname@example.org.
ASPEN INSTITUTE, ASPEN INSTITUTE LEADERSHIP DEVELOPMENT INDEX, ASPEN INDEX, THE INDEX FROM THE ASPEN INSTITUTE, along with all appurtenant designs and logos, including the ASPEN INSTITUTE logo and the ASPEN INSTITUTE LEADERSHIP DEVELOPMENT INDEX logo are trademarks or registered trademarks exclusively owned by the Aspen Institute in the United States and other countries.
18. Entire Agreement
Effective Date: October 17, 2022