Terms of Use

The Change Playbook Terms of Use

Effective as of November 2022

Welcome! The Change Playbook™ (TCP) provides change management practice information features through the TCP Website (the Site) to help users become more proficient and successful change management practitioners. These terms and conditions (Terms) govern your access to and use of the Site, and any information, text, graphics, videos, or other materials appearing on the Site (collectively referred to as Content). Your access to and use of the Site is expressly conditioned on your compliance with these Terms. Other features, services or tools of the Site may also be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. By accessing or using the Site, you agree to be bound by these Terms.

For TCP paid subscribers, please be sure to review the The Change Playbook subscription terms.

THIS AGREEMENT CONTAINS A CLASS ACTION/JURY TRIAL WAIVER PROVISION. EXCEPT WHERE PROHIBITED BY LAW, THIS PROVISION WAIVES YOUR RIGHT TO USE JURY TRIALS OR CLASS ACTIONS.

BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE, AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE SERVICES.

Use of the Site

The Site may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing Content to you or to users generally and may not be able to provide you with prior notice.

License to Use the Site

Subject to your compliance with these Terms, The Change Playbook grants you a non-exclusive and non-transferable single user license to access and use the Site, solely for your own personal use. You may not: (i) copy, modify or distribute Content for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Content to any third-party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Site and Content; (iv) make the functionality of the Site available to multiple users through any means; or (v) use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Account Registration

In order to access, use, or receive certain Content, you may register and create an account (Account) and become a Registered User by registering through our Site. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. You will also have the option of providing certain personal information about other associated people so that we may link to them to your Account, or so you can otherwise represent them through your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

Passwords

You are responsible for safeguarding the password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. TCP is not liable for any loss or damage arising from your failure to comply with the above requirements.

Privacy

Any personal information that you provide to TCP is subject to our Privacy Notice, which governs our collection and use of your personal information. As part of providing you the Content, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Site and your Account, which you may not be able to opt-out from receiving.

Content Features

TCP Content includes features to help you manage a change management project. We are always trying to improve the features offered but our methods will necessarily not be predicated to your unique circumstance. Results may vary.

All features of the Site are subject to change or removal at any time, without notice.

Product Availability and Pricing

We use reasonable efforts to fulfill orders but cannot guarantee availability of any particular product or service, and sometimes an item shown for sale through the Site may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to discontinue the sale of any product or service at any time without notice. We may decline or place quantity limits on your order at any time.

In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed. Our acknowledgement of an order means that your order request has been received; not that the price or availability of an item has been confirmed. “MSRP” prices are the Manufacturer’s Suggested Retail Price, which may differ from the other online or retailer prices in your area. In some cases, intermediate markdowns may have been taken.

Purchases

If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including credit card and shipping information. You may be able to store your information with your account, which allows you to make future purchases without re-entering information. You agree to pay all charges incurred by you and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.

We are required by law to collect all applicable sales taxes for all provinces and municipalities. You authorize us to charge the applicable sales taxes to your credit card at the time of completion of order shipment.

We accept major credit cards such as VISA, MasterCard, American Express, and Discover. The roster of accepted credit cards may change from time to time. Payment processing is done by a contracted payment processor. You will be bound by their terms of use as well. For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed in processing. We reserve the right to cancel any order that does not adhere to these criteria. We may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.

All billing and registration information provided by you must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested. Receiving an order acknowledgement via email does not guarantee the acceptance of an order.

Limitations on Purchases

We are not responsible for failure to fulfill orders due to causes beyond our control. We reserve the right to: (1) limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases on the Platform by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction.

Shipping, Delivery

We ship using a common mail or courier delivery business. Shipping normally takes between 4 to 10 business days but may take longer. Your cart at checkout will itemize any additional shipping fees.

Returns

Please visit our policy for Returns & Exchanges, which is incorporated by reference as part of these Terms.

Export Control

You are responsible for complying with Canada, United States, and foreign export controls and for any violation of such controls, including any Canadian embargoes or other rules and regulations restricting exports. You represent that you are not: (1) located in, or a resident or a national of, any country subject to a government embargo or other restriction, or that has been designated by any government as a “terrorist supporting” country; or (2) on any government list of restricted end users.

Site Updates, including Additions, Modifications, or Discontinuations

Business and technology needs evolve, so we may add, modify, or discontinue (collectively, “Update”) the Site at any time, and you consent to these Updates.

Content on the Site

TCP is a place where many Registered Users and other content publishers can write, contribute and edit Content. While we intend TCP to be, at least in part, a collaborative space where users and publishers can share useful and interesting information about change management, TCP is not responsible for screening and/or verifying the information provided on or through the Site and we make no guarantee or warranty that the information provided is accurate, complete, reliable, or safe to practice. You agree that you use this content on TCP at your own risk.

The Site may include advertisements or other forms of content sponsored by third parties (emails, blog posts and articles, etc.). TCP may receive compensation for some of the sponsored content made available through the Site, or may receive compensation if you follow the links associated with this content. Offers we show you are subject to change without notice. The sponsored content may be targeted to the Content or information on the Site, queries you make through the Site, information we learn about you, or other information. The types and extent of sponsored content on the Site are subject to change. In consideration for TCP granting you access to and use of the Site, you agree that TCP and its third-party collaborators may place such advertising or sponsored content on the Site or with the Content, including where the Content is submitted by you or others.

Content You Submit

By uploading, posting, submitting or otherwise transmitting any Content through the Site, you grant TCP a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology, for the purposes of operating, providing, improving, and promoting the Site. You agree that this license includes the right for other users of the Site to access, view, modify, edit, download, and print any Content for their own non-commercial purposes. TCP does not claim any ownership rights in your Content; you retain ownership rights to any Content you submit, post, or display on or through the Site.

You are responsible for your use of the Site, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Site that violates these Terms.

You may remove your Content from the Site at any time by specifically deleting it or, if that is not possible, by sending us a request. If you remove your Content, TCP may retain a copy of your Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Site.

Fees and Payment

We may charge fees for the use of certain portions or aspects of the Site, which will be described on the Site and/or these Terms. Fees are subject to change at any time. You agree that we may charge fees to your credit card or other payment account for such services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans that may be required to use the features of the Site, and you are responsible for the payment of those charges and rates.

TCP Subscriptions

A TCP subscription is an automatically renewing premium paid subscription feature on the TCP Site that provides full access to all Content and certain enhanced features not available to other TCP users, including discussion with and coaching from professional change managers associated with TCP. We may add or remove features from TCP subscription plans from time to time. Accessing TCP subscription-only features requires an auto-renewing subscription, but the general TCP platform remains free to use.

Automatic Renewal of TCP Subscriptions

You may purchase access to a TCP subscription for a specified fee, and your subscription will automatically renew on your billing date until you cancel. We will automatically charge the associated fee (plus any applicable taxes) to your credit card or other payment method in your TCP Account each billing cycle unless you cancel your TCP subscription as described below.

To avoid being billed for the next subscription renewal period, you must cancel your subscription at least 24 hours before the end of your current subscription period. To cancel your subscription, or to see your next renewal date or the current fee for your subscription, visit your TCP Account Settings page.

If you cancel your TCP subscription, your access will end on the last day of your subscription period. To access TCP’s subscriber-only features after you cancel your subscription, you will need to purchase a new subscription, at which time different fees, terms, and conditions may apply.

Promotional Offers for TCP Subscriptions

We may make promotional offers that provide access to subscriber-only features for a short period of time at a discounted fee, as described in connection with each offer. Additional terms may apply to promotional offers. If you sign up for a promotional offer, your subscription will automatically convert to a paid subscription unless you cancel before the end of the trial or promotional period.

Eligibility for a trial or promotional offer will be determined by TCP, in our sole discretion. We may limit the eligibility or duration of promotional offers at any time and for any reason. We reserve the right to revoke any offer and put your Account on hold if we determine that you are not eligible for the offer.

TCP Subscription Plans

We may offer various types of subscriptions or access to TCP’s subscriber-only features. Some subscription plans may have different terms, conditions or limitations that will be disclosed in connection with those plans. You can find information regarding your TCP subscription on the Settings page of your TCP Account.

Payment for TCP Subscriptions

You must maintain accurate and up-to-date credit card or other payment information in your Account. You authorize us to charge any credit card or other payment method associated with your Account. If a payment is unsuccessful, we may suspend your access to TCP subscriber-only until you provide a valid payment method. TCP assumes no responsibility or liability if your subscription fails to renew or expires because of invalid payment information. You remain responsible for any uncollected amounts.

Note: To process your payment for TCP subscriptions, we use Stripe as our payment processor for the Site. Accordingly, we will transfer certain billing and payment information to these entities, in accordance with our Privacy Notice. You may also be subject to Terms of Use and Privacy Policies made available by these entities.

Cancellation of TCP Subscriptions

To cancel your TCP subscription, go to your TCP Settings on the TCP Site and follow the instructions for cancellation. You may cancel your TCP subscription at any time; you will continue to have access to subscriber-only features through the end of your current billing period.

If you cancel your TCP subscription, you will still have access to the free content on your TCP Account.

We may terminate, restrict, or suspend your access to your TCP subscription without credit or refund to you for any reason in our sole discretion, including if we determine that your activity violates these Terms, is improper, involves fraud or misuse, or harms or interferes with our or any other person’s interests.

Content or Feature Changes to TCP Subscriptions

There are a variety of reasons why certain Content or features might need to be changed or removed. All TCP subscriber-only Content and features are subject to change or removal at any time without notice. Content removal does not entitle you to a refund (full or partial) of subscription fees.

Refunds for TCP Subscriptions

Subscription fees for TCP are nonrefundable, except where prohibited by applicable law. If you cancel, you will not receive a refund or credit for any partial-period access to your TCP subscription.

Deleting Your TCP Account

If you want to delete your TCP Account, you may be required to cancel your TCP subscription before your Account can be deleted.

Eligibility and Use Restrictions for TCP Subscriptions

To subscribe to TCP, you must be the age of majority in your jurisdiction. You are permitted to use TCP subscriber-only features for personal, non-commercial uses only and may not share TCP subscription features. You may download Content for personal use. You agree not to circumvent, remove, alter, or thwart any Content protections in the TCP Application or Site.

Sponsored Content & Advertising in TCP Subscriptions

Certain Content available in your TCP subscription may be sponsored by a third-party advertiser, or may contain third-party advertising. TCP may also promote and advertise its own or related products or services through TCP subscriptions. In addition, personalities featured in TCP subscription Content might be incentivized to encourage users to sign up for TCP and to visit their TCP subscriber Content.

Copyright Policy

TCP respects copyright law and expects its users to do the same. It is TCP’s policy to terminate in appropriate circumstances, account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see TCP’s Copyright Policy for further information.

Third-Party Services

The TCP Site may contain links to websites, resources, and services provided by third parties. TCP is not responsible or liable for: (i) the availability or accuracy of such services; or (ii) the information, products, or services available on or through such third parties. The availability of such third-party services does not imply any endorsement by TCP. You are responsible for and assume all risk arising from your use or reliance of any third-party services.

General Prohibitions

Please review these guidelines for posting on TCP (which are a part of these Terms) to better understand what is prohibited on the Site. You agree that you will not post, upload, submit, or otherwise transmit Content that: (i) is an advertisement or endorsement of a product or service without TCP’s express written permission; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) promotes illegal or harmful activities; (v) is harassing, threatening, or insulting to others; (vi) violates the privacy, publicity, moral, or any other proprietary right of others; (vii) is defamatory, obscene, pornographic, vulgar, or offensive; or (viii) otherwise violates these Terms.

You also agree not to do any of the following while accessing or using the Site: (i) attempt to access, tamper with, or use non-public areas of the Site, TCP’s computer systems, or the technical delivery systems of TCP’s providers; (ii) gather and use information, such as other users’ names, real names, email addresses, or other information available through the Site to transmit any unsolicited advertising, junk mail, spam, or other form of solicitation; (iii) use the site for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that TCP has no obligation to monitor your access to or use of the Site but has the right to do so for the purpose of operating the Site to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Ownership

The Site is protected by copyright, trademark, and other laws of Canada and foreign countries. Except as expressly provided in these Terms, TCP and its licensors exclusively own all right, title, and interest in and to the TCP, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding TCP or the Site (Feedback) will be the sole and exclusive property of TCP and you hereby irrevocably assign to TCP all of your right, title and interest in and to all Feedback.

Subject to your compliance with the terms and conditions of these Terms, TCP grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Site and to download and print any Content provided by TCP solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TCP or its licensors, except for the licenses and rights expressly granted in these Terms.

In addition, certain Content may be provided through the Site pursuant to a Creative Commons License. You may only copy, modify, and redistribute such Content marked with the Creative Commons License outside of the Site as long as you meet the terms of the applicable Creative Commons License under which that Content was made available.

Termination

You can terminate your Account at any time by deactivating your Account or by providing notice of termination to us. If you breach any of these Terms, TCP will have the right to suspend, disable or terminate your access to or use of the Site, at its sole discretion and without prior notice to you. TCP will not be liable to you or any third-party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to TCP under these Terms (including, without limitation, ownership, confidentiality, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

The Site is Available “AS-IS”

You understand and agree that the Site and Content, and all materials, information, products, and services included therein, are provided to you on an AS IS and on an AS AVAILABLE basis. Without limiting the foregoing, TCP EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Site is at your sole discretion and risk. TCP will not be responsible for any harm to your computer, mobile device or tablet computer, loss of data or other harm that results from your use of the Site. TCP makes no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

TCP makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any Content provided through the Site, any information, goods or services promoted or displayed through the Site or any transactions entered into through the Site.

The Content, including all related information and commentary made available through the Site, is for informational and convenience purposes only and is not intended to be (and does not constitute) recommendations specifically for you and no advice or information, whether oral or written, obtained from TCP or through the Site will create any warranty not expressly made herein. You agree that TCP is not responsible or liable for any harm or damage that you or anyone else experiences as a result of consuming Site Content.

You are also solely responsible for all your communications and interactions with other users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site.

Indemnity

You agree to defend, indemnify, and hold TCP, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TCP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SITE; (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TCP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

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

General

These Terms will be governed by and construed in accordance with the laws of Province of Ontario, without regard to or application of conflict of laws rules or principles. The failure of TCP to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Notice are the entire and exclusive agreement between TCP and you regarding the Site, and these Terms supersede and replace any prior agreements between TCP and you regarding the Site. We may revise these Terms from time to time. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.

CLASS ACTION/JURY TRIAL WAIVER

READ THE FOLLOWING PROVISION CAREFULLY. YOU AGREE TO WAIVE YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS OR THROUGH A JURY TRIAL.

As used in this Class Action/Jury Trial Waiver provision, “You” and “Your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, and assigns.

In the event that You intend to commence a court proceeding, You must first notify The Change Playbook by contacting us at +1-613-218-9174 (“Notice”) and attempt to resolve Your Claim. If You and The Change Playbook and/or the Affiliated Entities do not reach an agreement to resolve Your Claim within 30 days after Notice has been provided, either party may comments court proceeding in accordance with this Agreement.

EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. YOU AND WE EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO BRING OR PARTICIPATE IN A CLAIM AS A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING AGAINST THE CHANGE PLAYBOOK AND/OR THE AFFILIATED ENTITIES.

EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM.

If this Class Action/Jury Trial Waiver provision or any portion of this Class Action/Jury Trial Waiver provision is held to be unlawful, void or for any reason unenforceable, this provision (or portion of this provision), to the extent required, will be severed from this Agreement but such severance will not affect the validity and enforceability of the remaining provisions of this Agreement.

Governing Law

This Agreement is governed by and construed under the laws of the Province of Ontario, Canada, without regard to its principles of conflicts of law, and regardless of your location.

Contacting Us

If you have any questions about these Terms, or about TCP in general, please contact terms@thechangeplaybook.com.

If you have any questions about your TCP subscription, please contact us at support@thechangeplaybook.com.