Legal

YOUR USE OF FERGUSON LEARNING COMPANY COURSES, CONTENT, OR WEBSITE CONSTITUTES YOUR AGREEMENT TO THIS INTELLECTUAL PROPERTY NOTICE

LAST UPDATED: November 15, 2019

Welcome to fergusonlearning.com. The purpose and intent of the Dynamic Leadership curriculum is to enhance talent and leadership learning and development. This is accomplished by providing course content and resources specifically designed and developed to address the unmet needs of businesses and management that are then delivered by highly competent and qualified experts who facilitate participant learning. This course and the information contained herein is provided for said purposes. These Terms & Conditions apply to the Ferguson Learning Company website located at www.fergusonlearning.com and all other websites, services, products, and tools where the Terms and Conditions appear, are referenced, or are linked.

Mission

Our Ferguson Learning Company mission is “Improving lives one leader at a time™.”

License

In consideration of the fees paid when registering for the course, Ferguson Learning Company (“FLC”) grants to the Participant a personal, limited, non-transferable, non-exclusive license to receive, possess, and use the course materials and learning resources associated with the relevant course purchased and to use such materials and resources in conjunction with attendance of and participation in such course, as well as use post-course as a learning and development resource or record of information for the term of this license provided that only the Participant attending the course may make such use of said materials and resources. You may not use the materials for any purpose other than for your own educational or learning purposes as a registered Participant in a FLC course and no additional license is implied. Each transaction or purchase is governed by the terms of a single, specific license, which specifically identifies the Course, Program, Materials, and Services and covers no other Product. “Product” refers to the Course, Program, and Materials. Product includes, without limitation, FLC learning materials, whether delivered and accessible electronically, via other tangible media, or in printed form. Such materials include, but are not limited to, learning resources, participant workbooks, templates, educational or training manuals, slide presentations, other copyrighted publications and their associated trademarks, and all other intellectual and proprietary property. Participant agrees to use the Product for your personal or business use and further agrees not to re-sell, give away, or otherwise make the Product available to others.

Terms and Conditions

Please carefully read the following Terms and Conditions of Purchase, which govern this transaction.

Effective: November 15, 2019

This is a legal agreement between you, as Participant, and Ferguson Learning Company for your purchase of this Course, Program, Materials, and Services, whether delivered in print, other tangible media, or through electronic means. “Participant” is the registered attendee of the Course.

REGISTRATION

By clicking on “I have read and agree to the Terms and Conditions of Purchase” box on your Registration page, accessing the service, or using the website, you agree to be bound by all of the terms and conditions set forth herein and all other policies or notices posted by us or referenced herein, which shall bind you, or if you are an employer shall bind your organization and your designated employee (“Participant”). If you do not agree to these terms, discontinue the purchasing process now. To register for a course, you must register in advance for the class.

ENROLLMENT   

Any enrollment for a Ferguson Learning Company (“FLC”) course or any act by Participant accepting the benefits of this Course shall be conclusive evidence of your acceptance of these terms and conditions. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. Cardholder must retain a copy of transaction records and Merchant policies and rules. FLC takes reasonable measures to ensure that our website is a secure site. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure. Receipts for payment are provided in electronic format. Participant will receive email confirmation of purchase once registration for the Course has been successfully processed. Details of enrollment to the Course, Program, Materials, and Services will include name of the course, course timing, and location of delivery. Upon email confirmation, the purchase will be binding. All purchases are non-cancellable and non-refundable. Enrollment is personal to Registered Participant and may not be transferred without the prior written consent of FLC. Terms and conditions of Cancellation, Refund, or Alternative Session of a course apply. Registrations may be transferred only as outlined in the Registration Transfer Policy.

LICENSE AGREEMENT & ACCEPTANCE

In consideration of the purchase of the Product and Services paid to Ferguson Learning Company by Participant and Participant’s agreement to the terms and conditions herein, FLC agrees to enroll authorized Participant in and to allow Participant to participate in the Course registered for, and hereby grants to Participant a personal, limited, non-exclusive, non-transferable license to receive, possess, and use the Course, Program, and Materials (“Product”), which includes, without limitation, course materials and learning resources, associated with the relevant course purchased and to use such Product in conjunction with attendance of and participation in such course, as well as use post-course as a learning and development resource or record of information for the term of this license provided that only the Participant attending the course may make such use of said Product without the right to sublicense, to use the Product solely in connection with the course provided by FLC hereunder. You may not use the Product for any purpose other than for your own educational or learning purposes as a registered Participant in a FLC course and no additional license is implied. Participant shall have no right to copy, distribute, publicly display, license, sub-license, create derivative works from, or make any other use of any such Property. FLC prohibits the use of the Product for commercial or for-profit training. Ferguson Learning Company reserves all rights not otherwise expressly granted in this Agreement. Participant agrees to the use of the Product on the terms of such license. Participant agrees to use the Product for your personal or business use only.

Participant further agrees not to allow unauthorized persons to participate in the course in any manner or to view printed materials. Participants agree not

to distribute the Product, including without limitation, course materials, learning resources, or copies of other materials received to anyone other than Participant. Participant further agrees to abide by all other terms and conditions herein.

OWNERSHIP

Any and all content and materials created, developed, supplied, included, or provided by FLC in connection with this Course shall remain the sole property

of Ferguson Learning Company. Participant acknowledges and agrees that FLC is the owner of all proprietary and intellectual property rights in and to the Course, Program, Materials, and Services, which retains exclusive right, title, and interest in and to the copyrights, trademarks, patent applications, and other intellectual property rights in the Product and Services. You acknowledge and agree you have no ownership rights in the Product or Services. Except as otherwise expressly stated and mutually agreed, the nature of all transactions between you and FLC is that of a Product Use License, notwithstanding the use of “purchase,” “sale,” “buy” and similar terms on the FLC website, e-mails, marketing, and other materials. Any other use of the Product by any person or entity is strictly prohibited and a violation of this Agreement. Violation of this Agreement is just cause for immediate termination of this Product Use License.

Revocation of the Product Use License will occur forthwith. Without limiting the foregoing, the parties acknowledge and agree that any and all right, title, and interest in and to the content, lectures, and recordings as originally presented, as well as any learning, training, study, or other materials provided, whether in print, via email, or other formats, are and shall remain the sole property of FLC. Participant acknowledges that you have read and understand this Purchase and License Agreement and the accompanying registration form and agree to be bound by the terms thereof. Participant hereby acknowledges and agrees that completing the online registration form shall constitute Participant’s electronic signature.

ACKNOWLEDGEMENTS

Participant acknowledges that the Product may not be reproduced and courses may not be recorded. Participant acknowledges this Agreement does not provide Participant with title to or ownership of the Product, but only a right of limited use under the terms and conditions of this Agreement.

You acknowledge that all intellectual property rights in the Product and the documentation anywhere in the world belong to the Ferguson Learning Company as Licensor, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product other than the right to use them in accordance with the terms of this License.

ENTIRE AGREEMENT

These Terms and any other terms and conditions, text, or document expressly referred to in them represent the entire agreement between us in relation to the purchase of this FLC Course, Program, Materials, and Services.

 

Cancellation Policy

If you are unable to attend your scheduled course, you must notify Ferguson Learning Company in writing at registration@fergusonlearning.com. All cancellations must be made in writing no later than 30 days before the start of the relevant course. All cancellations are subject to a non-refundable $300 administration fee. We reserve the right to cancel a course at any time, without incurring any additional liability. In such circumstances, we will offer alternative dates, a full refund, or a credit note.

Alternative Session Policy

Participants may transfer their registration to an alternative session up to 21 days prior to the original course date by submitting your request in writing. If you do not cancel or transfer your registration as outlined above, your registration fee will be forfeited to Ferguson Learning Company. Once a Participant has transferred registration to another session, no refunds can be made for the cancellation of either session. Only one transfer by any Participant may be made.

Registration Transfer Policy

Course Participant Transfer: Registration fees paid by a company for the benefit of an employee (Participant) are transferable to a different employee for the originally registered course provided written notice is provided to FLC prior to 14 days before the course start date.

Refund Policy

Refunds will be made through the original mode of payment only.

Communications

We, at Ferguson Learning Company, want to cheer your successes and look forward to your continued feedback. We realize learning and development occurs over time. Keep us in the loop as you hone your Dynamic Leadership skills. Share your leadership learning experiences with fellow Dynamic Leaders, whether it is a talent management process you have perfected, or you are looking for suggestions and feedback. We welcome your reviews, comments, stories, photos, audio clips, videos, graphics, emails, or any other communications or content that you submit through or to our website, our company, or via online postings. We look forward to sharing and crediting your #DynamicLeaders photos, stories, and content on the FLC website. FLC encourages you to create and contribute pictures, images, or other visual content about your Dynamic Leadership Learning Experience (“DLX”), Leadership-Redefined, Leaders Reimagined book authored by Heather Ferguson, or Ferguson Learning Company to your social platforms. Remember, you are the Dynamic Leader, so don’t hesitate to make posts real and about you. We ask that you include #DynamicLeaders and then share across your social networks.

User Reviews, Comments, Submissions, and Content

Any communication sent directly or otherwise from you to Ferguson Learning Company or any of our officers, employees, or representatives and any postings to the website shall become FLC’s property upon transmission of the same. You grant to FLC the right to incorporate this content into any form, medium, or technology, now known or hereafter developed, throughout the world. You grant FLC the right to publicly display or utilize the same, including the identifying information contained therein, in any manner whatsoever, without compensation to you. You further grant to Ferguson Learning Company the right to any FLC content, image, or work that you post on the Internet as a public domain work or subject to the right(s) granted herein without compensation to you.

Intellectual Property Legal Notice

All worldwide intellectual property rights, including without limitation, copyrights, patents, trademarks, service marks, inventions, techniques, methods, works of authorship, know-how, publicity rights, trade secrets, moral rights, trade dress, and all other proprietary rights in Ferguson Learning Company courses, content, products, services, and website are owned by and the sole property of FLC together with the goodwill associated therewith. Said rights are valid and protected in all means, methods of process, and media existing now or hereafter come into existence or are later developed. All use shall be in accordance with such rights and the terms of this Intellectual Property Legal Notice. All Intellectual Property Rights in the course, content, materials, online courses, and the verbiage of educators/facilitators during the course are, and remain, the intellectual property of Ferguson Learning Company. All of the information and material, inclusive of text, images, content, logos, content outlines, slides, instructional resources, and product names, is either the property of or used with permission by Ferguson Learning Company. The content, organization, feature, screen, slide, functionality, graphics, design, compilation, digital conversion, and all other matters related to any materials or media are protected under applicable United States (federal and state) copyright, trademark, patent, unfair competition laws, other applicable laws, and international conventions and law, including all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. Other than as expressly set forth herein, you are not authorized to use FLC Intellectual Property or any variations thereof.

Liability

You are liable for any and all damages of every kind resulting from any infringement by you of FLC Intellectual Property rights. We are the sole owner of any derivative works, new versions, enhancements, updates, changes, etc., of our Intellectual Property, even if wholly or partially based upon one or more of your ideas, comments, suggestions, questions, requests, and the like.

Proprietary Rights

FLC has developed certain proprietary processes, services, learning resources, and materials relating to Ferguson Learning Company and Dynamic Leadership courses. The methodology of all services provided and all materials, products, inventions, works, and deliverables designed, developed, prepared, delivered, or executed by FLC are the property of Ferguson Learning Company. All title and interest therein shall vest in FLC. These rights include without limitation patent rights, copyright, derivative rights, service marks, trade secrets, and trademarks. The course materials, including any modifications, derivative works, improvements, or upgrades developed by or on behalf of FLC are the exclusive property of FLC. All rights in and to the course materials are reserved by FLC. Unauthorized use is strictly prohibited.

Trademarks

Ferguson Learning Company™, DLX™, Dynamic Leadership™, Learning Experience™, Improving lives one leader at a time™, and other trademarks and service marks found herein are subject trademark registration applications by Ferguson Learning Company, LC. These are the property of Ferguson Learning Company, LC. Trademarks, service marks, and logos of Ferguson Learning Company, LC are protected by United States intellectual property and trademark laws and may not be used for any purpose without prior written permission of FLC that reserves all rights as the owner. No right, title, or interest to any trademarks, service marks, or trade names of FLC is hereby granted. The Marks may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Ferguson Learning Company.

Copyrights

All materials and information contained within FLC publications and media are protected by United States and international copyright law. The course program, structure, books, workbooks, manuals, materials, learning resources, and all the intellectual property thereto is solely the property of Ferguson Learning Company. All FLC education, learning, and training, and all FLC materials and class materials, including supplemental information, are the sole property of FLC, protected by the Copyright Laws of the United States and the laws of other countries where the materials are made available. You may not alter or remove any copyright, logo, or other notice from copies of this content. Do not modify or otherwise alter any information or content, including creating derivative works. No part of any publication may be reproduced, stored in any information storage or retrieval system, or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or otherwise without the prior express written permission of FLC. You may not copy, transfer, lease, assign, republish, post, sell or offer for sale, make available for or sublicense FLC copyrighted materials, in whole or in part. Any dissemination, distribution, or disclosure of content or materials, electronically or otherwise, without the written authorization of FLC is strictly prohibited. Redistribution or use in source or binary forms, with or without modification, is prohibited. Unauthorized or improper use of FLC materials will constitute an infringement of copyright.

ENFORCEMENT OF COPYRIGHT

Ferguson Learning Company supports the protection of intellectual property and asks our Participants to do the same. FLC takes copyright infringement and the protection of our copyright and Intellectual Property rights very seriously. FLC will pursue all remedies available at law to vigorously prosecute violations of Federal Copyright Law, and international conventions and law. Please be aware the remedies for copyright infringement under Copyright Law of the United States, Title 17 U.S.C. § 504 and § 505 can include actual damages plus any additional profits of the infringer or statutory damages of up to $150,000 per work infringed. Attorney fees and court costs can additionally be awarded. Unauthorized use of Ferguson Learning Company copyrighted property or materials for your personal or a third-party’s financial gain may rise to the level of willful infringement. Title 17 U.S.C. § 506 defines a criminal infringement as any person who willfully infringes a copyright for purposes of commercial advantage or private financial gain. Punishment under Title 18 U.S.C. § 2319 can result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. The U.S. Copyright Department has details available at www.copyright.gov.

Recording

Photography, video or audio recording, or any other means of recording done for your or a third party’s financial gain is strictly prohibited during any course/class.

Use of Materials - Participant Workbook

The course Participant Workbook and learning resources within are for the individual use of the registered Participant only and shall not be copied, duplicated, shared, assigned, reused, resold, or made publicly available. Material herein, in whole or in part, may not be incorporated in unauthorized commercial documents, products, websites, or used for promotional purposes. FLC materials may not be published, posted electronically, or distributed outside of a course/class without the prior express written consent of FLC. By taking receipt of the Participant Workbook, you make the material representation, upon which you wish Ferguson Learning Company to rely, that you accept and will fully adhere to all terms, conditions, obligations, and restrictions set forth in this Intellectual Property Notice.

Use of Materials - Presentation and other Multimedia Tools

Multimedia tools are the proprietary intellectual property of FLC and as such are subject to the Terms and Conditions as stated herein. The PowerPoint presentation slide set within this course is a multimedia tool designed and developed to provide a preview of upcoming course content, concept, and methodology to facilitate and enhance Participant learning. This presentation is the proprietary intellectual property of FLC. The presentation, including but not limited to any animation, display, feature, functionality, graphic, music, screen, sound, slide, text, or video within it, may not be modified. No part of this presentation may be copied, redistributed, reproduced in any form, by any electronic or mechanical means, including but not limited to photocopying, recording, or information storage and retrieval, without prior express written consent of FLC. Photography, video or audio recording, or any other means of recording done during the course for your or a third party’s financial gain is forbidden. This presentation is published by FLC and copyrighted © 2019 by Ferguson Learning Company. All rights reserved.

Reproduction of Intellectual Property

You may not, and agree that you will not, alter, adapt, broadcast, circulate, copy, create derivative work(s) from, decompile, disassemble, distribute in any way, download, enter into a database, modify, post, publish, redistribute, reproduce, republish, store in a retrieval system, reverse engineer, sublicense, transmit, upload, display or perform publicly by any means, method, or process now known or later developed, file, store, incorporate or use on any data or information system or another computer-related environment, transfer, sell, or share with any other party under any circumstances any Intellectual Property, information, software, products, content, or materials obtained from or through Ferguson Learning Company, in whole or in part, without prior express written consent by FLC. This includes any materials or media used during learning sessions and via the FLC website. You also agree you will not permit any person or any third party to do any of the foregoing, nor will you use FLC products, services, or website to provide any product or service to a third party. You further agree that under no circumstances can the material, in whole or in part, be used for third party training.

Prohibitions

Material herein is the proprietary intellectual property of Ferguson Learning Company and as such is protected as stated above. Removing any copyright or other notice of Ferguson Learning Company on any course material or on the website is strictly prohibited. Any disclosure, reproduction, or distribution of these materials in any form, in whole or in part, without the prior express written consent of FLC is strictly prohibited. FLC expressly prohibits individuals or groups from using any content, concept, or methodology presented in any Ferguson Learning Company course or material for any commercial use, for-profit training, or in any unauthorized third-party products, services, communications, presentations, consultations, or on any website. Displaying or performing publicly by any means or method of process is strictly prohibited. Photography, video or audio recording, or any other means of recording done during any course for your or a third party’s financial gain is strictly prohibited. Use of any of the course materials in the provision of any unauthorized course or training, whether given by you or any third-party trainer, is strictly prohibited.

Website Terms of Use Agreement

EFFECTIVE: November 15, 2019

Your use of the Ferguson Learning Company website is subject to your acceptance of this Agreement, the terms and conditions of which are set out in this Legal Notice. Your access, viewing, browsing, or otherwise using the FLC website constitutes unequivocal acceptance of the terms and conditions set out in this Legal Notice, without limitation, restriction, or qualification. This website and the compilation of its entire contents, features, and functionality is the exclusive property of FLC. You may not alter or remove any mark, copyright notice, or proprietary legend contained in or on the website, content, or materials. All content included on this website, including but not limited to the collection, organization, selection, design, arrangement, data compilations, look and feel, assembly, and user experience thereof is copyrighted by Ferguson Learning Company, whether explicitly marked or not, and as such is protected by United States and international copyright laws and conventions, and subject to other intellectual property and proprietary rights and laws. FLC expressly reserves all intellectual property rights in all content herein. This protection includes the above together with all other information and content displayed, presented, controlled, or otherwise included in or on the website, including, but not limited to: the marks, text, graphics, images, photographs, logos, buttons, icons, shapes, sizes, color combinations, depictions, digital downloads, drawings, audio, video, animation, data compilations, software, information, messages, other graphical elements, and their related files, including all derivative works of the foregoing, as displayed on the website and/or viewed on or obtained through this website. All content included on the website, including user content and contributions you or others make or provide to the website, such as text, graphics, audio, video, data, music, software, and other content or material is owned or licensed property of FLC. Without limiting the foregoing, you may not and shall not create derivative works of the content, frame any portion of the content, use any data mining, robots, or similar data gathering and extraction tools on the content or materials, derive or attempt to derive the source code or structure of all or any portion of the content, materials or website by reverse engineering, disassembly, reverse assembly, decompiling, reverse compilation, or any other means any software forming part of the website, learning resources, content, or online courses existing now or hereafter come into existence or are later developed. Additionally, you may not modify, adapt, merge, translate, revise, print or reprint, copy, reproduce, modify, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the website, content, or materials, in whole or in part, without FLC prior written consent or except as expressly allowed by this Legal Notice. You may not commercially exploit the materials or the underlying data. You acknowledge that any breach of the portions of this Notice related to our intellectual property rights may give rise to irreparable harm to FLC for which the granting of monetary damages would be an inadequate remedy. You therefore acknowledge and agree that, if you breach the portions of this Notice related to our intellectual property rights, FLC shall be entitled, in addition to all other available remedies, to seek equitable relief including interlocutory, interim, and permanent injunctions or other appropriate orders to restrain any continued breach of these guidelines without having to prove that actual damage has been sustained by Ferguson Learning Company.

NOTE: Express written permission to download or copy templates and resources available on the Resources page is provided herein.

Privacy and Cookie Policies

Privacy Policy & Data Protection Statement Last updated April 1, 2021


Ferguson Learning Company does not disclose, sell, or share your personal data with other people, entities, or non-affiliated companies except as specifically disclosed herein.


General


Your right to privacy is important to us. We take the security of your personal information seriously and have strict policies and processes in place to do our utmost to ensure it remains safe. Ferguson Learning Company (FLC) strives to inform you exactly how we use your personal data, exercise due diligence, and to do everything within our power and control to keep this personal information safe and secure.


Ferguson Learning Company will never sell your personal information!


This Privacy Policy, together with our Cookie Policy, describes FLC’s policies and procedures as to the collection, use, and disclosure of information we collect through our Website(s) and further interaction or communications with us. This includes information when you use our Website(s). This Privacy Policy tells you about your privacy rights and how the law protects you.


We do share anonymous, aggregated information generated by our services and our Website(s).


Information collected through the Website(s) and electronic contact is used for commercial and administrative purposes. We use your personal data to provide and improve our Website(s) and the products and services we provide. You agree to the collection and use of your information in accordance with this Privacy Policy by using our Website(s), which includes clicking or viewing any page therein, including linking to or from our Ferguson Learning Company website, FLC’s

website within Eventbrite and Events therein, and emails or ad campaigns you receive from us.


Payment transactions for the purchase of products or services from FLC are processed using a secure online gateway that encrypts your card details and cannot be accessed by us.


BY USING OUR WEBSITE(S) OR OTHERWISE INTERACTING WITH US, YOU ACCEPT AND AGREE TO THE TERMS OF THIS PRIVACY POLICY.


Membership


Dynamic Leaders can register for membership by filling out the membership request on our website or by sending an email.


Log in Data


To become a member or to subscribe, we only need your first and last name and work email address. Your status as a Dynamic Leader Member will avail you to greater access within the Website and may allow you to post your Contributions to pages of our Website and/or to participate in the interactive features of this Website when you choose to do so.


Data Quality


It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.


Events


FLC organizes many events, trainings, or sessions across the United States throughout the year. All personal data collected in the context of such an event, training, or session (usually first name, last name, institution, city, email address, etc.) will be processed and stored as part of the preparation, execution, and

follow-up of the event, training, or session in the course of the registration process for each event as a result of information provided on the registration

form or registration section of our Website(s). Please note that procedures and data usage may differ from event to event.


As part of our events, we also take photos and videos, which may be used for reports and online display, such as on our Website(s) and social media outlets, etc. During the registration process, the same consenting procedure as described in the preceding paragraphs regarding the participants’ list are applicable.


Definitions and Interpretation


Definitions


For the purposes of this Privacy Policy:


·     Address is a physical location that can include street, city, state, and zip code or other applicable locale details.

·      Company refers to the Ferguson Learning Company, LC, Burlington, Kentucky 41005, which may also be referenced as “FLC,” “We,” “Us,” or “Our.”

·      Cookies are small files that contain details of pertinent information about you, such as your browsing history on a website, that are placed on your device by said website. Please see our Cookies Policy for complete details as to FLC’s use of applicable Cookies.

·      Country refers to the United States.

·      Device means any mechanism or apparatus that can access our Website(s), such as a computer, tablet, mobile phone or cellphone.

·      Personal Data is any information that can relate to an identified or identifiable individual.

·      Service Provider means any natural or legal person or entity that processes the data on behalf of FLC. It refers to third-party companies or individuals employed by FLC to facilitate the Website(s), to provide the Website(s) on behalf of us, to perform services related to the Website(s), or to assist us in analyzing how the Website(s) is/are used.

·      Third-party Social Media refers to any website or any social network website through which a user can log in or create an account and thereby link to or use our Website(s), including accessing FLC’s pages on third-party social media platforms.

·      Usage Data is data collected automatically, either generated by use of the Website(s) or from the Website(s)’ infrastructure itself (i.e., the duration of a page

visit).

·      Use maintains its ordinary and usual meaning and also means accessing FLC’s Website(s) on any device and includes browsing or visiting our Website(s); clicking within, into, or out of our Website(s); or downloading materials from within our Website(s).

·      Website refers to the Ferguson Learning Company Website accessible at https://fergusonlearning.com, FLC Event pages powered through FLC’s Eventbrite Website at https://flc-dynamicleadership.eventbrite.com and/or one or more Event pages therein.

·      You refers to the individual accessing or using the Website(s) or the company or other legal entity on behalf of which such individual is accessing or using the Website(s).


Collecting and Using Your Personal Data


Types of Data Collected


While using our Website(s), we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally

identifiable information may include, but is not limited to, usage data, email address, first name and last name, phone number, address, employer, and other

information deemed pertinent.


Usage Data


Usage Data is collected automatically when using our Website(s).


Usage Data may include information such as your device’s Internet Protocol address or IP address, browser type, browser version, the pages of our Website(s) that you visit, the time and date of your visit, the time spent on those page device identifiers, analytic data, and other diagnostic data.


When you access our Website(s) by or through a mobile device, we may collect certain information automatically. This information may include, but is not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, analytic data, and other diagnostic data.


We may also collect information that your browser sends whenever you visit our Website(s) or when you access the Website(s) by or through a mobile device.


Information from Third-Party Social Media Services


FLC allows you to create or utilize an account and log in through Bing, Facebook, Google, Instagram, LinkedIn, Microsoft, Twitter, or other applicable third-party service.


If you utilize our Website(s) via a Third-Party Social Media Service, you grant FLC access to collect personal data that is already associated with your Third-Party Social Media Service’s account.


You may also have the option of sharing additional information with FLC through your Third-Party Social Media Service’s account. If you choose to provide such information and personal data, during registration or otherwise, you are giving FLC permission to use, share, and store it in a manner consistent with the Privacy Policy herein.


You do hereby agree and affirm that Ferguson Learning Company has permission to utilize any information and/or images you post, write, share, or otherwise make available to be seen or viewed on third-party social media services that reference Ferguson Learning Company, FLC, theOfficialFLC and any of its derivatives, DLX, Dynamic Leadership, or other affiliated brands or entities in whole or in part at FLC’s discretion and that you may receive credit for it/them but that you have no right to credit, notification, input, or compensation as to its/their use.


Third Party Analytics Cookies and Plugins


We use the Analytical Cookies of Google Analytics’ service to analyze the use of our Website(s) and keep track of visitors to assist us in the improvement and optimization of our Website(s). The Google Analytics tool collects cookie-generated user engagement information to provide us with data connected to your visit on our Website(s). Google Analytics generate statistical and other relevant information about our Website(s)’ use and will use this information to evaluate your use of our Website(s), compile reports on website activity, and to provide FLC with other evaluation-based services. Details and privacy policy of Google Analytics cookies can be found at Google Analytics.


We use Advertising Cookies of Facebook and Google’s Adwords Conversion, DoubleClick, and Dynamic Remarketing services in order to improve advertising and to provide you with the most relevant advertising content or to lessen or eliminate showing you advertising content not applicable to your wants or needs.


Tracking Technologies and Cookies


FLC uses Cookies and similar tracking technologies to track the activity on our Website(s) and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information to analyze and improve our Website(s). The technologies we use may include:


·      Cookies or Browser Cookies - A cookie is a small file placed on your device. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. If you do not accept Cookies, you may not be able to use some parts of our Website(s). Unless you have adjusted your browser setting so that it will refuse Cookies, our Website(s) may use Cookies.


·      Flash Cookies – Certain features of our Website(s) may use local stored objects known as “Flash Cookies” to collect and store information about

your preferences or your activity on our Website(s). Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how you can delete Flash Cookies, please read “Where can I change the settings for disabling or deleting local shared objects?” available

at https://helpx.adobe.com/flash-playre/kb/disable-local-shared-ojbects-flash.html#main_Where_can_I-change_the_settings_for_disabling_or_deleting_local_shared_objects.


·      Web Beacons – Certain sections of our Website(s) and our emails may contain small electronic files known as “web beacons” that permit FLC to count users who have visited pages, opened an email, or other related website statistics for analytic and diagnostic purposes, as well as verifying system and website integrity.


Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline. Session Cookies are deleted as soon as you close your web browser. Learn more about cookies at “What Are Internet Cookies and What Do They Do?”


FLC uses both Persistent and Session Cookies for the purposes set out below:


·      Necessary / Essential Cookies - Session Cookies are administered by FLC and are essential to provide you with content and services available through the Website(s) and enable you to use some of its features. They help to authenticate users and prevent fraudulent use of users’ accounts. Without these Cookies, the content or services you have asked for cannot be provided. We only use these Cookies to provide you with said content and services.


·      Functionality Cookies - Persistent Cookies are administered by FLC for the purpose of identifying if users have accepted the use of cookies on the Website(s) and enabling us to remember choices you make when you use the Website(s) to provide you with a more personal experience and to avoid you having to re-enter your preferences each and every time you use the Website(s).


For further information about the Cookies we use and your choices regarding Cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.


Blocking or Deleting Cookies


You can refuse to accept cookies or delete cookies already stored on your computer through the settings of your web browser.


Blocking and/or deleting cookies can have a negative impact upon the usability of our Website(s) and you could be prevented from using all features available on our Website(s).


Use of Your Personal Data


FLC may use Personal Data for the following purposes:


·      To provide and maintain our Website(s), including to monitor the usage of our Website(s).


·      To manage your account and administer your registration as a User of the Website(s). The Personal Data you provide can give you access to different

functionalities of the Website(s) that are available to you as a registered user.


·      For the performance of a contract, including, but not limited to, the development, compliance, and undertaking of the purchase contract for the products or services you have purchased or of any other contract with us, including through the Website(s).


·      To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications or other available mechanisms, regarding updates, offers, discounts, campaigns, or informative communications related to functionalities, events, products or services, contracted products or services, including security updates, when necessary or reasonable for their implementation.


·      To provide you with news, special offers, and general information about goods, services, and events we offer that you may be interested in or those that you have already purchased, enquired about, queried, or visited and similar goods, services, or events unless you have opted not to receive such information.


·      To attend and manage your requests.


·      For other purposes, we may use your information for data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, to evaluate and improve our Website(s), products, services, events, marketing, your user experience, and for other purposes deemed applicable.


We may share your personal information in the following situations:

·      With Service Providers to monitor and analyze the use of our Website(s) or to contact you.

·      With Business Partners, such as Eventbrite, in which Event registration is powered, to offer you certain products, services, event registrations, or promotions. ·      With other users when you share personal information or otherwise interact in the public areas with other users. Such information may be viewed by all users.

·      Be publicly distributed outside our Website(s) through Third-Party Social Media Services. If you interact with other users or through a Third-Party Social

Media Service. your contacts on the Third-Party Social Media Service may see your name, profile, pictures, and description of your activity. Other users will be able to view descriptions of your activity, view your profile, and communicate with you.

·      With your consent, we may disclose your personal information for any other purpose.


You can withdraw consent at any time where we are relying on consent to process your personal data.

Note: This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to

provide certain products or services to you.


Electronic Notifications


Correspondence


In general, only two staff members operate all FLC communication and correspondence channels.


Email


For email traffic, FLC uses a connection secured by HTTPS encryption.


We may contact you via email to invite you to comment on the services you may have received as part of our ongoing quality assurance, as well as website development and improvement. We may additionally contact you about event registration purchases, the purchase of products from the FLC online store or other store, incomplete purchases of products from the online store or event registration, in response to your clicking a link on an email sent to you by FLC or our affiliate on our behalf, or you using our Website(s).

Information may be collected about you so that FLC can understand and measure the effectiveness of emails, newsletters, and email marketing that are sent to you.


Our electronic notifications with information classified as advertisement, including newsletters and emails, are sent after receiving personal consent of the

recipient or based on a law granting us legal permission to do so. This notification often occurs after an initial contact to inform of a new product, event, or service in which the recipient is provided an opportunity to Opt-out or Unsubscribe and elects not to do so.


Marketing


We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to form a view on what we think you may want, need, or may be of interest to you. This enables us to form a decision as to which services, products, and offers may be relevant for you or have the highest relevancy for you. You will receive marketing communications from us if you have requested information, used our Website(s), purchased our products, used our services, or are listed within our email communication list and, in each case, you have not opted out of receiving that

marketing. You may opt out or unsubscribe by emailing us as indicated herein.


Targeted Marketing


We carry out targeted marketing activities. We endeavor to ensure that we provide you with the most appropriate communications that are relevant, timely, and that provide an improved user experience. To achieve this, we may utilize any information you may have provided and we may use publicly available data.


Retention of Your Personal Data


Ferguson Learning Company retains NO financial data on its servers.

FLC will retain your personal data only for as long as is necessary for the purposes set forth in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations, to comply with applicable laws, resolve disputes, and enforce our legal agreements and policies.


User Data will also be retained for analysis and analytic purposes. Usage Data is generally retained for a shorter period of time, except when said data is used to strengthen the security, to improve functionality of our Website(s), or we are legally obligated to retain this data for longer time periods.


Transfer of Your Personal Data


Your information, including Personal Data, is processed at FLC’s operating offices and in any other places where the parties involved in the processing are

located. This means that information may be transferred to and maintained on computers outside of your state, province, country, or other governmental

jurisdiction, wherein the data protection laws may differ than those from your jurisdiction.


You consent to this Privacy Policy by accessing or using said Website(s) and submission of such information represents your agreement to that transfer.


FLC will take all steps reasonably necessary to ensure your personal data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or country unless there are adequate controls in place, including the security of your data and other personal information.


Disclosure of your Personal Data


Law Enforcement


Under certain circumstances, FLC may be required to disclose your Personal Data if required by law or in response to valid requests by a court of competent

jurisdiction or governmental authority.


Other legal requirements


FLC may disclose your Personal Data if it acts under the good faith belief that such action is necessary to comply with a legal obligation, protect and defend

the rights or property of FLC, prevent or investigate possible wrongdoing in connection with the Website(s), protect the personal safety of users of the Website(s) or the public, and/or protect against civil or legal liability.


We will respond to subpoenas, court orders, or legal process and to establish or exercise our legal rights or defend against legal claim. We may disclose your

information when we believe, in our sole discretion, it is necessary to share information in order to investigate, prevent, or take actions against illegal activities, suspected fraud, situation involving potential threats to the physical safety of any person, violations of Terms of Use of Ferguson Learning Company or otherwise required by law.


Security of your Personal Data


Security of your Personal Data is important to us; however, no method of transmission over the Internet or method of electronic storage is 100 percent secure. While we strive to use commercially acceptable means to protect your Personal Data, including a secure Internet connection, we cannot guarantee its absolute

security.


Our Website(s) do not address anyone under the age of 13; therefore, we do not knowingly collect personally identifiable information from anyone under the age

of 13. We will take steps to remove Personal Data collected from anyone under the age of 13 if and when we become aware of such.


Links to Other Websites


Our Website(s) may contain one or more links to other websites that are not operated by or under the control of FLC. If you click on a third-party link, you will be directed to that third party’s site. You should review the Privacy Policy of every site you visit.


We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.


Changes to this Privacy Policy


We may update our Privacy Policy from time to time. We will notify you of any change(s) by posting the updated Privacy Policy on this page. We will further update the “Last Updated” date at the top of this Privacy Policy to reflect said change date.


Contact Us


If you have further questions about our Privacy Policy, please feel free to contact us by visiting https://fergusonlearning.com/Contact-Us or email our Learning Experience Director at valerielunsford@fergusonlearning.com.


Privacy Policy for Ferguson Learning Company

COOKIE POLICY


FLC will never sell your personal information or the data collected by cookies!


FLC will not disclose personal information or the data collected by cookies to third parties, except as described herein or where required by law.


Why do we use cookies?


Ferguson Learning Company (FLC) uses cookies on our Website(s) to distinguish you from other users on our Website(s); to provide you with the best experience possible when you use, including browse or visit, our Website(s); to complete and support a current activity; to collect and analyze information on site performance and usage, including how visitors and users navigate our Website(s); to enhance and customize content and advertisements; to enable us to improve

our Website(s); and to determine your access privileges on our Website(s).


By continuing to use FLC’s Website(s), you agree to our Cookie Policy. You can opt-out at any time you wish. To learn more, read our Cookies Policy in toto and view our Privacy Policy.


What are cookies?

A “cookie” is small pieces of information in the form of a small-scale text file, often including unique identifiers of letters and numbers, that are sent from web servers to web browsers, which may then be sent back to the server each time the browser requests a page from the server. Cookies are extremely useful in enhancing your user experience by improving your browsing comfort and/or adapting the content of a page or ad to your areas of interest.


A cookie helps a website provide a secure connection to a website, analyze web traffic, or let us know when you visit a particular page within our Website(s).

Cookies allow web applications to recognize you and respond to you as an individual. The web application can tailor its operations to your need, likes, and dislikes by gathering and remembering information about your preferences.


Each cookie is unique to your web browser and only that server will be able to retrieve or read the contents of that cookie. It will contain some anonymous

information, such as a unique identifier, the site name, and some digits and numbers. Your browser will only send a cookie back to the domain that originally sent it to you. A cookie cannot run any programs, deliver any viruses, or send back any information to your system. A cookie helps us analyze trends, track and measure a user’s movements around the website and services, and save targeted advertisements.


Why do websites use cookies?


Most websites you visit use cookies to improve your user experience by enabling that website to remember you, either for the duration of your visit by using a

session cookie or for repeat visits using a persistent cookie.


Cookies serve many functions, such as letting you navigate between pages efficiently, storing your preferences, and improving your user experience while visiting or using the website. Cookies make interaction between you and the website easier and faster. If a website does not use cookies, the site will think you are a new visitor every time you move to a new page within the site.


How does Ferguson Learning Company use cookies?


We use traffic log cookies to identify which pages are being used. This information helps us analyze data about web page traffic to improve our Website(s) in order to tailor the site to customer needs. We use this information for statistical analysis purposes. Overall, cookies help us provide you with a better website experience by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.


Analytics cookies - These cookies are used to obtain analytics and intelligence about our site(s) to help us understand how our Website(s) and services are being used or how effective our marketing campaigns are. These cookies are served by Google Analytics. These tools use programming code to collect information about your interaction with our Website(s). These interactions include links you click, pages you visit, how long you are on our site(s), etc. These tools do not store any personally identifiable information.


Social Networking cookies - These cookies are used to enable you to share content from our Website(s) through third-party social networking platforms and for advertising purposes. These cookies are served by Facebook, Instagram, LinkedIn, and Twitter.


If you take the opportunity to share content from our social buttons, please be aware that these sites are likely to collect information about your online activities over which we have no control. We suggest that you review the privacy policies of third-party websites for information about their use of your information and/or how to opt out or delete such information.


What cookies are served through our Website(s) and our services?


Cookies enable us to identify your device or when you have logged in. We use cookies that are strictly necessary to enable you to move around the Website(s) or to provide certain basic features. We use cookies to help us improve the performance of our Website(s) to provide you with a better user experience and to enhance the functionality of the Website(s) by storing your preferences.


The list below explains what cookies we use on our Website(s), why we use them, and whether they are strictly necessary, functionality, or performance related

cookies.


Any information collected by functionality and performance cookies is done anonymously.


Strictly necessary cookies


These cookies are essential to the function of the Website(s); therefore, your website session will launch with these automatically in place.


Performance cookies - These cookies are not essential to the function of the Website(s) but are essential in monitoring the performance of the Website(s). Performance cookies collect information about how visitors use a website. These cookies do not collect information that identifies a visitor. Any information collected by these cookies is anonymous. Such information is used for the purpose of improving our Website(s).


Analytical/Google Analytics cookies - These cookies are used to gather analytic information about how visitors use our site(s). We use the analytical cookies of Google Analytics service to analyze the use of our Website(s) and keep track of visitors. Google Analytics generates statistical, analytical, and other information about our Website(s) to compile reports and to help us improve our Website(s). The cookies collect information, including the number of visitors to the site, where visitors come into the site from, and the pages visited in an anonymous manner. Google Analytics does not collect any personal information about you. Visit here for details on Google’s privacy policy or here for information on Google Analytics cookies.


Advertising cookies - These cookies save information from your browsing history in order to record your interests and browsing path on our Website(s) and are used to serve you ads more relevant to you and your interests. These cookies are served by Google, Microsoft, and Facebook.


Targeting cookies - These cookies record your visit to our site(s), the pages you visited, and the links you have followed. This information is used by websites to make advertising displayed on it more relevant to your interests.


Retargeting and remarketing cookies - These cookies save information from your browsing history in order to record your interests and your browsing path on our Website(s). We may use advertising and/or targeting cookies for retargeting and/or remarketing, which enables our advertising partners to target advertising to you on other websites based on your visit to our Website(s). Without these cookies, online advertisements you encounter will be less relevant to you and your interests.


Google Advertising Cookies - We use Google Advertising cookies of AdWords and Dynamic Remarketing services to improve advertising and provide you with the most relevant advertising content.


Web-beacon


Following an initial contact informing a recipient of a new product or service that includes an Opt-out or Unsubscribe button, future electronic notifications with

information classified as advertisement, including newsletters and emails, contain a web-beacon. This is a pixel-sized file that is retrieved from the server when the electronic notification is opened. Technical, analytic, and statistical information is collected through and processed by third-party service provider Google Analytics or other service provider. FLC has no influence on this data collection process whatsoever.


You can cancel or stop receiving future electronic notifications at any time by unsubscribing to our electronic notification service, including newsletters and

emails. To cancel or stop our electronic notifications, click on the Unsubscribe link placed at the bottom of each email or newsletter.


Functionality cookies - These cookies make your website experience better. Functionality cookies allow the Website(s) to remember choices you made and customize preference settings. These cookies are also used to provide services you ask for. The functionality cookies on our Website(s) only get anonymous information.


Information collected by functionality cookies cannot track your browsing activities on other websites.


Links to other websites


Our Website(s) may contain links to other websites of interest that will each have its own Cookie policy and Privacy Policy.


How can you control, block, or delete cookies?

Some people appreciate the convenience and benefits of cookies; however, some people find the idea of a website storing information on their electronic or mobile device intrusive. This may be especially true when this information is stored and used by a third party, such as Google Analytics, without them knowing. You can manage your cookie preference by modifying your browser so it will notify you when cookies are sent to it or you can refuse cookies altogether. You can

also delete cookies already stored on your computer. Please be aware that doing so may result in a loss of some functions of that website.


Unless the cookie is strictly necessary, you can withdraw your consent to our cookies at any time, even if you have previously consented. You can manage your cookie preferences on our Website(s) by clicking on the Opt-out or Unsubscribe link provided therein, or the Unsubscribe link within FLC’s Eventbrite pages or Events, or you can change your set up through the settings of your web browser. If you decline cookies, you will still be able to use our site(s) and our services; however, blocking and/or deleting cookies may have a negative impact upon the usability of our Website(s) and may hamper your ability to access certain functions and features that may be affected. Further, if you do not consent to our functionality cookies, parts of our Website(s) may not work. By continuing to

use our Website(s), you hereby consent to this Cookie Policy regardless of your browser settings.


Additional Information


If you have questions or concerns regarding our Cookie Policy, please contact our Learning Experience Director at valerielunsford@fergusonlearning.com.


BY USING OUR WEBSITE(S), YOU ACCEPT AND AGREE TO OUR COOKIE POLICY.


Date: April 2021

Events Outside of FLC Control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations caused by events outside our reasonable control.

Limitation of Liability

Subject to these terms and conditions, Ferguson Learning Company’s maximum aggregate liability under or in connection with the above-referenced license, any collateral contract, whether in contract, tort (including negligence), or for any and all claims arising out of this agreement and/or the products and services to be provided shall be limited to a sum equal to the Course Registration fee actually received by Ferguson Learning Company from Client in connection herewith.

Disclaimer

The product is provided by FLC on an “as is” and “as available” basis. FLC makes no representations or warranties of any kind, express or implied, as to the operation of its website or the content of the product and services. Except as specifically provided herein, Ferguson Learning Company disclaims any and all warranties of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, completeness, and currentness. In no event shall Ferguson Learning Company be liable to Participant, Client, or anyone claiming through or for Participant or Client for any lost profits, commercial loss, loss of use, or any consequential, exemplary, incidental, indirect, or special damages. You understand and agree that you use the product, services, and website at your sole risk.

Entire Use Agreement

This Agreement is intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein. This Agreement contained herein, together with any Registration or Authorization Forms, amendments, and any additional written agreements you may enter into with FLC in connection with the website, courses, content, and services rendered by FLC shall constitute the entire agreement between you and FLC concerning the said website, courses, content, and services.

Severability

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FLC’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Applicable Law, Jurisdiction, and Dispute Resolution

You agree that these Terms and the Agreements and all disputes arising thereunder, related hereto, or related to the use of the website, course, content, or materials will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, USA, excluding its principles of conflicts of law and the private international law rules. You agree that and consent to the exclusive jurisdiction and venue for any litigation will be in the state court located in Boone County, Commonwealth of Kentucky, or the federal court of the Eastern District of Kentucky, located in Covington, Kentucky.

Miscellaneous

Ferguson Learning Company’s failure to enforce any term, provision, or condition of these Terms, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver.

To the extent that a provision of these Terms is deemed unenforceable, the balance of Terms shall remain in full force and effect.

FLC reserves the right to amend, update, modify, replace, or revise these Terms, the Privacy Policy, the Legal Notice, Virtual Patent Marking Notice, and any other portion of the course, content, or website referenced herein at any time by posting such on our website. All such amendments, updates, modifications, replacements, versions, or revisions are effective immediately upon posting on our website.

Any change, modification, or amendment in the Agreement between you and FLC that is initiated by you must be made in a writing executed by FLC.

The paragraph headings in this Agreement are for convenience of reference only and shall not be considered in any interpretation of this Agreement.

You acknowledge and agree that these Terms and Conditions, Privacy Policy, the Legal Notice, Virtual Patent Marking Notice, and Registration, if applicable, constitute the entire agreement of the parties hereto relating to the subject matter hereof. Nothing contained in this Section will in any way limit the similar provisions contained in the Legal Notice.