Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time. Your continued use of our services after any changes constitutes acceptance of the revised Terms.

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2. Description of Services

The Rail Way provides:

• Safety Culture Consulting: Professional consulting services to improve rail safety culture and leadership
• Assessments: Safety culture pulse checks and comprehensive assessments
• Training Programs: Leadership development and safety culture training
• The Railway Column: Educational content, articles, and industry insights
• Resources: Downloadable materials, guides, and tools

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3. Eligibility

You must be at least 18 years of age to use our services. By using our services, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into these Terms
• You will provide accurate, current, and complete information
• You will use our services for lawful purposes only

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4. User Accounts and Registration

4.1 Account Creation

Some services may require you to create an account or provide personal information. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or any other reason we deem appropriate.

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5. Intellectual Property Rights

5.1 Our Content

All content on our website, including but not limited to text, graphics, logos, images, videos, audio, software, and data compilations, is the property of KingdomBuilding Leadership, Inc. and is protected by:

• Copyright laws
• Trademark laws
• Trade secret laws
• Other intellectual property rights

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for personal, non-commercial purposes. This license does not include any right to:

• Reproduce, modify, or create derivative works from our content
• Distribute, sell, or sublicense our content
• Use our content for commercial purposes without authorization
• Remove or alter any copyright or proprietary notices

5.3 User-Generated Content

If you submit content to our website (such as comments, feedback, or assessment responses), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such content in connection with our services.

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6. Prohibited Uses

You agree not to use our website or services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any harmful, threatening, abusive, defamatory, or obscene content
• Impersonate any person or entity, or falsely state your affiliation
• Interfere with or disrupt the operation of our services
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems (bots, scrapers) to access our services without permission
• Collect or harvest information about other users
• Transmit spam, chain letters, or unsolicited commercial communications
• Upload viruses, malware, or any harmful code
• Reverse engineer, decompile, or disassemble any part of our services

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7. Consulting Services

7.1 Engagement

Our consulting services are provided pursuant to separate written agreements. These Terms govern your use of our website and general services, while specific consulting engagements are governed by executed service agreements.

7.2 No Guarantee of Results

While we strive to provide high-quality consulting services, we cannot guarantee specific results or outcomes. Results may vary based on numerous factors beyond our control.

7.3 Client Responsibilities

Clients engaging our consulting services agree to:

• Provide accurate and complete information
• Cooperate in good faith with our team
• Implement recommendations at their own discretion
• Maintain confidentiality of proprietary methodologies

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8. Payment and Fees

8.1 Fees

Certain services may require payment of fees. All fees are as specified in the applicable service agreement or pricing schedule.

8.2 Payment Terms

• Payment is due as specified in your service agreement
• All fees are non-refundable unless otherwise stated
• We reserve the right to change our fees at any time
• Failure to pay may result in suspension or termination of services

8.3 Taxes

You are responsible for all applicable taxes related to your use of our services.

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9. Disclaimers

9.1 No Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Warranties of merchantability
• Warranties of fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or completeness of content

9.2 No Professional Advice

Our content and services are for informational and educational purposes only. They do not constitute:

• Legal advice
• Safety compliance certification
• Regulatory guidance
• Professional medical or mental health advice

Always consult with qualified professionals for specific advice related to your situation.

9.3 Third-Party Content

We may provide links to third-party websites or resources. We are not responsible for the content, accuracy, or practices of third-party sites.

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10. Limitation of Liability

In no event shall our total liability to you for all damages exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

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11. Indemnification

You agree to indemnify, defend, and hold harmless KingdomBuilding Leadership, Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or share through our services

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12. Confidentiality

12.1 Your Information

We will maintain the confidentiality of your information in accordance with our Privacy Policy and any applicable service agreements.

12.2 Proprietary Information

You acknowledge that our methodologies, processes, and materials are proprietary and confidential. You agree not to disclose or use such information except as authorized.

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13. Termination

13.1 By You

You may stop using our services at any time. To cancel an account or subscription, contact us using the information below.

13.2 By Us

We reserve the right to suspend or terminate your access to our services at any time, with or without cause or notice, including for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended period of inactivity

13.3 Effect of Termination

Upon termination:

• Your right to use our services will cease immediately
• We may delete your account and content
• Provisions that by their nature should survive will remain in effect

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14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with us, please contact us first to attempt an informal resolution. Most disputes can be resolved quickly and amicably.

14.2 Arbitration

If we cannot resolve a dispute informally, any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14.3 Class Action Waiver

You agree that any arbitration or proceeding shall be conducted on an individual basis and not as a class action or representative action.

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15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [INSERT STATE], without regard to its conflict of law provisions.

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts located in [INSERT JURISDICTION].

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16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and KingdomBuilding Leadership, Inc.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

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17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending an email notification (for significant changes)

Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.