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As a member you agree to the following terms and conditions: 1. MEMBERSHIP As a Zag Learning Member, you have access to the content and tools available as part of Zag membership site. Only you have access to Zag membership privileges. People must be registered members to access Zag Learning content. Use of all content and tools is limited to personal, non-commercial leadership development. a. Violations Any violations of this agreement, in Zag's sole discretion, will result in immediate suspension of Zag membership privileges and legal liability. Violation of the terms of this agreement shall cause Member to forfeit all money paid. The training and tools you receive as a Zag Member, in whole or in part, may not be used to train other people. 2. COPYRIGHT Zag intellectual property, in written, electronic or recorded format, is protected by copyright as a collective work or compilation under the copyright laws of the United States for each author or speaker. Members must abide by all copyright notices or restrictions contained in this Agreement and in all printed, recorded and electronic materials or tools. a. Limitations Zag membership training and tools may only be used by Individual Members. Zag materials may not be shared with other people who are not members without written confirmation of the same. 3. FUTURE CHANGES Member agrees that Zag may, from time to time, in its sole discretion, change the content and/or format of the Zag membership service and the media and method of delivery or access. In the event of changes that affect how Members access Zag services, Zag shall provide reasonable notice to Member. 4. GENERAL This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Utah. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall remain in full force and effect. GROUP MEMBERSHIP AGREEMENT 1. TYPE OF AGREEMENT This Agreement is a membership agreement that allows Member to access and use Zag’s content and tools available to Members on its website. Member agrees to the following terms and conditions: 2. ANNUAL MEMBERSHIP Payment of a monthly or annual Membership Fee (see Exhibit A) allows Member use of all content and tools. Use is strictly limited to Member’s internal, non-commercial leadership development. 3. TERM This Agreement shall remain in effect for a period of one (1) year following (Effective Date) unless terminated earlier pursuant to Section 10. The Agreement may be renewed at the same pricing for additional one (1) year terms, provided that each party agrees to such renewal in writing by a formal change order from Member at least thirty (30) days prior to the expiration of the current term. In the event that the Membership Fees are not renewed and paid prior to the expiration date, Member will forfeit pricing identified in Exhibit A and will be subject to current market rates for membership. 4. CONTENT AND DELIVERY METHOD Zag will make new content available to Members via live online events or via an on-demand library. 5. TECHNICAL SPECIFICATIONS Member agrees that prior to participation in any Zag event it will ensure that users have appropriate computer, software, and security elements in place needed to access and use Zag in order to allow the best possible viewing experience for users. 6. COPYRIGHTS, TRADEMARKS, AND PROPRIETARY INFORMATION The Zag website makes available to Members intellectual property that is protected by copyright as a collective work or compilation under the copyright laws of the United States. The Zag Curriculum and all copyrights, trademarks, know-how, and products relating thereto, including, without limitation, video, PowerPoint or digital presentation, training, materials, tools, and the intellectual property related to all materials provided in connection therewith are the sole property of Zag, unless otherwise noted. Such programs and materials, whether or not protected by copyright, are not to be copied or reproduced without the prior written approval of Zag. The training, materials, and know-how are confidential and proprietary property. Member shall not make or allow anyone under its control to make any derivative works without the prior written approval of Zag. If, by operation of any law in any jurisdiction, Member obtains or is entitled to any rights or interests in any of the Curriculum or any of the Zag’s trademarks or other proprietary rights, Member acknowledges that it does so as an agent for Zag and accordingly hereby assigns, transfers and sets over to Zag any such IP Rights of any kind and wherever occurring. Member shall execute all documents reasonably requested by the Zag necessary to secure and perfect its ownership interests in its IP Rights. The parties acknowledge and agree that, in the event of any breach of this Section 6, the party against whom the breach is committed will be irreparably and immediately harmed and could not be made whole by monetary damages. Accordingly, it is agreed that, in addition to any other remedy to which the parties may be entitled at law or in equity, the parties shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to prevent breaches or threatened breaches of this Section 6 and/or to compel specific performance of the provisions of this Section 6. The parties also agree to reimburse each other for all costs and expenses, including attorney fees, incurred by the wronged party in attempting to enforce the obligations of the breaching party or its Representatives hereunder. The terms of this Section 6 shall survive the termination or expiration of this Agreement. 7. LIMITATIONS Zag membership training and tools may only be used by the individual Members identified in the Group Membership. Only employees of an organization are eligible to participate in a Group Membership and as such have access to Zag membership privileges. Zag materials may not be shared with people not included in Group Membership without prior written consent from Zag. 8. CHANGES In order to keep content fresh and relevant, Zag may, from time to time, in its sole discretion, change the content and/or format of the Zag membership service, including any on-demand library offering, and the media and method of delivery or access. In the event of changes that affect how Members access Zag services, Zag shall provide reasonable notice to Member. 9. PAYMENT AND TERMS Member agrees to pay Zag an annual membership fee according to the published fee schedule and as agreed with a Zag Client Partner. Annual membership fees are due at execution of this agreement. Cancellations are not permitted. Membership fees are non-refundable and shall not be pro-rated. Members will receive notification of membership expiration and will be given the option to automatically renew four weeks prior to expiration. 10. VIOLATIONS Any violations of this agreement, in Zag’s sole discretion, will result in immediate suspension of Zag membership privileges and may result in legal liability. Violation of the terms of this agreement shall cause Member to forfeit all monies paid. 11. NON-WAIVER The failure of either party to enforce at time any provision(s) of this Agreement shall in no way be considered a waiver of such provision(s), nor shall such failure affect the validity of this Agreement in any way. The failure of either party to exercise any such provision(s) shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any other right under this Agreement. 12. GOVERNING LAW The laws of the State of Utah, United States shall govern the validity, construction, interpretation, and effect of this Agreement, and any disputes pertaining hereto shall be adjudicated in state courts of Utah. 13. ENTIRE AGREEMENT This instrument constitutes the entire integrated agreement and understanding between the parties, superseding all prior communications, oral or written. No statements, promises or inducements made by either party or agent of either party, express or implied, shall be valid or binding if not contained in this written Agreement. No modifications to the Agreement shall be effective or binding unless in writing with the duly authorized signatures of the parties hereto. This paragraph shall not be deemed waived by any modification or alteration which does not conform to the above provisions of this Section. 14. INVALID PROVISIONS If for any reason a court of competent jurisdiction finds one or more of the provisions of this Agreement to be invalid or unenforceable, the remaining provisions of this Agreement shall be unaffected thereby. Any provision of this Agreement, or portion thereof, that is unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties. Zag Learning, LC 10939 N. Alpine Hwy., PMB 127 Highland, UT 84004 646.822.9575 firstname.lastname@example.org www.zaglearning.com