Terms of Service Agreement


This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User”, “you”, or “your organization”) and The Change Kit ("The Change Kit", "we", or "us").  We provide Users with access to web-based information and tools on our Site (“Materials” as defined below) to help our customers build their knowledge of organization change and contribute to their collective ability to execute change effectively. This Agreement explains our responsibilities to you and your responsibilities to us.  This Agreement is the entire Agreement between you and us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.

Ownership of Materials

Materials available on the Site include, but are not limited to, all informational text, design of and "look and feel" of the Site, layout, photographs, graphics, video, embedded documents, or other materials. Materials are owned by us and are protected by copyright, trademark, and other intellectual property laws.

All Change Kit trademarks and service marks, logos, slogan, and taglines are the intellectual property of The Change Kit.  License to use the Materials should not be construed as granting any license or right to use this intellectual property.

Our Responsibilities to You

  1. We grant you a revocable, non-transferable and non-exclusive license to use the Site and the Materials through a user identification reference provided by The Change Kit (“User ID and Password”) for the purpose of providing practical information and tools to help your organization build competence in organization change. You may convey use of the Site and the Materials to as many people within your organization as you choose, so long as those people are also bound by this Agreement.
  2.  We commit to keep the Site in good working order so that it may be accessed for use 24 hours per day, seven days per week, absent brief scheduled maintenance periods and unavoidable technical problems. We further commit to respond thoroughly and quickly to technical problems affecting access when notified of such problems.
  3.  We commit to refresh and upgrade the content of the Site to pursue our goal of providing you with the highest quality and most comprehensive solution to managing organization change on the market. Such improvements and upgrades will be done where possible so as not to interrupt access and the quality of the user experience.
  4. We commit to honor your privacy as a customer. We will not use any of the information you provide to us except for internal purposes to manage our relationship with you. We will not share your information with anyone outside of The Change Kit except with your permission or if required by law. We may wish to represent that your company is a customer of ours. If so, we will seek your permission before doing so.

 Your Responsibilities to Us

  1. You commit to honor the ownership of the Materials and our intellectual property. Normal and expected use is defined as: printing documents, making copies, completing assessments, filling out templates, modifying editable documents to reflect the specific context, conditions, and challenges of your application, distributing materials to people within the organization, using materials to make presentations, conduct meetings, and structure exercises. Such use of content is acceptable and anticipated. Beyond normal and expected use of the materials, you may not modify or create derivative work, post, translate, sell, lease, distribute, or otherwise transmit content to anyone or any organization or entity outside your own. Further, you agree not to attempt to assign, sublicense, or transfer any right to use the materials to anyone or any organization or entity outside your own.
  2. You agree to take all reasonable care to ensure that the Site and the Materials are not being used for purposes other than according to this agreement and relating to the work of your organization and the projects and initiatives that are part of your organization’s customary domain.
  3. You agree to take all reasonable care to ensure that your User ID and Password are kept secure and are not shared outside your organization.
  4. You agree to indemnify, hold harmless, and defend The Change Kit from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against you in connection with any claim arising from or related to your use of the Materials and the Site. Our liability is limited to, at most, the licensing fee and the most recent subscription fee paid by you. We are not responsible for any damages associated with your use of the Site or the Materials.

Other Terms of Service

  1. You agree to pay the licensing fee in full at the time of purchase to obtain a User ID and Password and begin using the content, materials, and tools on the Site. The licensing fee is not refundable.
  2. You agree to pay an annual subscription fee of one third of the licensing fee to continue to use the Site and the Materials. The subscription will be renewed each year on the anniversary of the licensing agreement. The subscription fee like the licensing fee is based on the number of users in your organization. Should the number of users grow after the initial purchase, the subscription fee will be adjusted to reflect the change.
  3. You may cancel your subscription at any time beyond year one and we will prorate your use of the Site based on the fractional year used and refund the unused portion.
  4. The Change Kit may terminate your access to the Site at any time if you materially violate the terms of this Agreement.