Terms of Use & Privacy Policy

Terms of Use

(Last Modified September 7, 2016)

Welcome to Exceed, a Website ("Site") of ChangeLab Solutions. Use of the Site is governed by these Website Terms of Use ("Terms"). By accessing, using or contributing to the Site, you agree to be bound by the following Terms. "You" means the individual and/or entity using the Site (if your use is on behalf of a principal, "you" includes both you as an individual and your principal).

ChangeLab Solutions may change the Terms from time to time at its sole discretion. Your continued use of the Site following the posting of such changes will constitute your agreement to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.

  1. Privacy Policy: ChangeLab Solutions respects the privacy of all Site users. Read a complete statement of ChangeLab Solutions’ current Website Privacy Policy. ChangeLab Solutions’ Privacy Policy is expressly incorporated into these Terms by this reference.
  2. No Abuse: You agree not to use any device, software, routine or other process to interfere or attempt to interfere with the proper working or functions of the Site or to access the Site by any means other than through the interface that is provided by ChangeLab Solutions. You agree not to collect email addresses or other contact information of other users of the Site by electronic or other means or to engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Site. Violations of system or network security may result in civil or criminal liability.
  3. No Warranties: You agree that the Site and all of its functionality (including links) and all information on it is provided AS IS and as available. If there are any implied warranties, duties or conditions that relate to the Site, to its functionality or to the information available on it, you agree that they are all disclaimed, including without limitation, any duties of workmanlike effort, accuracy, and lack of negligence or viruses. There is no warranty against interference with your enjoyment of the Site or against infringement. ChangeLab Solutions does not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free.
  4. No Attorney-Client Relationship: The content of this Site is provided for information purposes only and does not constitute legal advice or representation. ChangeLab Solutions and its attorneys do not enter into attorney-client relationships.
  5. Third Party Web Sites and Linking: This Site may include links to websites (including social media sites) or references to other web sites maintained by third parties over whom ChangeLab Solutions has no control. You understand that ChangeLab Solutions does not and cannot review all material made available through websites linked or linking to any part of the Site. Such links are provided merely as a convenience and do not imply an endorsement, recommendation or affiliation by ChangeLab Solutions of such third party web sites or the material contained therein. Similarly, this Site may be accessed from third party links over which ChangeLab Solutions has no control. You agree that ChangeLab Solutions bears no responsibility or liability for any content accessed or harm caused from or by any third-party website. You are welcome to link to this Site as long as the link does not intentionally distort the content provided or the positions taken by ChangeLab Solutions, or violate any applicable law. In its sole discretion, ChangeLab Solutions can terminate this permission to link to the Site at any time, for any reason or no reason, and without prior notice. If you continue or resume linking after such termination, those links are unauthorized by ChangeLab Solutions unless you receive non-electronic, written notification to the contrary.
  6. Copyright: You should assume that everything you see or read on this Site is copyrighted. You may download a single copy of written material from the Site for non-commercial, personal use as long as you also retain all copyright, authorship attribution and other proprietary notices contained on the materials. In addition, you may download, modify and/or distribute templates in Microsoft Word format on this Site intended for public use. Except as permitted above, you may not use, reproduce, modify, prepare derivative works, distribute, or transmit the contents of the Site for any purpose without our written permission. You may print or make a copy of these Terms. The foregoing rights are revocable, and all intellectual property rights not expressly granted here are reserved.
  7. Trademark: All trademarks, service marks and trade names of ChangeLab Solutions or third-parties used in this Site (including, but not limited to, the ChangeLab Solutions name and the ChangeLab Solutions logo) (collectively, the "Marks") are trademarks or registered trademarks of ChangeLab Solutions or its licensors, vendors, agents and/or content providers, as applicable. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Sites, without ChangeLab Solutions’ prior written consent. The use of the Marks on any other website or network computer environment is not allowed.
  8. Compliance with Intellectual Property Laws: When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your access and use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, use, modify or otherwise distribute any information or content (collectively "Content") in violation of ChangeLab Solutions' or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
  9. Notice of Copyright Violation: ChangeLab Solutions has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of ChangeLab Solutions or of a third party, or otherwise violated any intellectual property laws or regulations. ChangeLab Solutions’ policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ChangeLab Solutions to delete, edit or disable the material in question, you must provide ChangeLab Solutions with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ChangeLab Solutions to locate the material; (d) information reasonably sufficient to permit ChangeLab Solutions to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to ChangeLab Solutions at: ChangeLab Solutions, 2201 Broadway, Suite 502, Oakland, CA 94612; 510.302.3380; info@changelabsolutions.org.
  10. No Incidental, Consequential or Certain Other Damages: You agree that ChangeLab Solutions will not be liable for any special, consequential, incidental or punitive damages, damages for lost profits, loss of privacy or security, or failure to meet any duty (including without limitation any duty of good faith or lack or negligence or of workmanlike effort). You further agree that ChangeLab Solutions will not be liable for any other indirect damages that arise out of or are related to any aspect of the Site or information available on it, even if you have been advised of the possibility of such liability or damage.
  11. Indemnity: You agree to indemnify, defend and hold harmless ChangeLab Solutions, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third-party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. ChangeLab Solutions will notify you promptly of any such claim, loss, liability or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
  12. No License: Nothing contained on the Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, logos, or other intellectual property owned by ChangeLab Solutions or by any third party without prior written consent.
  13. Governing Law: These Terms will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Alameda, California, USA, in all disputes arising out of or related to the use of the Site.
  14. Severability Waiver: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Privacy Policy

Your privacy is important to us. To better protect your privacy, ChangeLab Solutions provides this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

The Information We Collect

This notice applies to all information collected or submitted on the Exceed website. On some pages, you can download products, make requests, and register to receive materials.

The Way We Use Information

We use the information you provide about yourself only to determine your level of access to the site and to track material downloaded from the website. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register with our website if you would like to receive updates on our new products and services. Information you submit on our website will not be used for this purpose unless you opt in to our mailing lists.

We use non-identifying and aggregate information to better design our website and to evaluate the success of our programs. For example, we may tell an evaluator that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Our Commitment To Children's Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by logging in to your profile. We use this procedure to better safeguard your information.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please contact us.