Replacing the Rainmaker’s Terms of Use agreement (“Terms of Use”) governs the use of the website ReplacingTheRainmaker.com (the “Website”). The Terms of Use agreement is a contract between you (the “User”) and Replacing the Rainmaker (the “Company”). If the User does not agree to these Terms of Use, the User may not use the Website. This Terms of Use agreement applies to all materials hosted on ReplacingTheRainmaker.com, including workshops and any related materials, such as workbooks and resource documents.

1. Acceptance of the terms of use
Any use of the Website, including viewing content, posting material on the Website or emailing content to the Company is governed under these Terms of Use. The most recent version of the Terms of Use will always appear on the Website and the User will always be bound by the most recent Terms of Use, even if the User is not notified of any changes. This version of the Terms of Use was created on June 18, 2015.

2. Privacy policy
The Privacy Policy appearing on the Website is a part of these Terms of Use and incorporated into the Terms of Use by reference.

3. Use of the website
3.1. The User may be required to create a username/password combination to use portions or sections of the Website. The User agrees and understands that the User is solely responsible for maintaining the confidentiality of any username/password combination that the User creates. The User will be held accountable for any postings or actions taken on the Website for any access granted to the Website based upon the User’s username/password combination. If the User becomes aware of any abuse of the User’s username/password combination, contact the Company immediately using the contact information on the Website.

3.2. The User agrees only to use the Website as set forth in these Terms of Use and according to applicable laws and regulations. The User is responsible for any content, postings and comments that the User may submit to the Website. The User is responsible for any of the User’s actions that breach or could be reasonably construed as a breach of these Terms of Use and the User may be held responsible for any damages caused by such breach. The User may not use the Website in a manner that would disrupt the use of the Website by other users or persons. The Company reserves the right to investigate any breach or alleged breach of these Terms of Use and to report any breach or alleged breach of these Terms of Use to law enforcement authorities.

3.3. The Company may prevent the User from using the Website if the Company becomes aware of any action that breaches or that may be reasonably construed as a breach of these Terms of Use. The Company may also limit the User’s use of the Website for any other reason and retains the right to terminate the User’s use of the Website at its sole discretion. The Company reserves the right to refuse to accept, post, display or transmit any content submitted to the Website.

3.4. The Company has no responsibility to store or maintain any content submitted to or posted on the Website and will not be held liable for any failure to store or maintain any such content.

4. Copyrighted information
The User may not post or submit any proprietary information of another party that is protected under copyright or trademark law. The Company will respond to any notice it receives alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should the Company determine that an infringement has occurred. Certain trademarks on Replacing the Rainmaker are proprietary to those third parties who own such marks and the Company makes no claim of ownership to such marks.

5. Third party links
The Website may include links to websites operated by third parties (“Third Party Websites”) as well as reviews and commentary on Third Party Websites. Such links may be posted by the Company, the User, other users or other parties. We have no control over any Third Party Websites that may be linked from the Website. We are not liable for any losses or damages the User may incur by navigating to any Third Party Websites that may be linked from the Website. The Company may earn commissions through affiliate programs operated by Third Party Websites. The Company’s membership in any affiliate program operated by Third Party Websites is not an endorsement of any such Third Party Website.

6. WARRANTY DISCLAIMER
6.1. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WEBSITE IS PROVIDED “AS IS” AND THE USER IS TO USE THE WEBSITE SOLELY AT THEIR OWN RISK. THE USER WILL BE RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM(S) THAT OCCURS AS A RESULT OF THEIR USE OF THE WEBSITE. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS.

6.2. THE COMPANY MAKES NO WARRANTY THAT ANY INFORMATION AVAILABLE ON THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. THE COMPANY MAKES NO WARRANTY THAT IT WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE.

The Company makes no warranty that reviews of Third Party Websites are factually accurate; the Company’s reviews of Third Party Websites are based on its own experience with such Third Party Websites, input from other parties and other research that the Company may have performed. The Company makes no warranty that the User will find any Third Party Websites to be satisfactory or to provide any results that the User may seek from such Third Party Websites.

7. LIMITATION OF LIABILITY
7.1. THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INTANGIBLE LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS, LOST JOBS OR CONSULTING ARRANGEMENTS WHICH THE USER MAY INCUR OR SUFFER AS A RESULT OF THEIR USE OF THE WEBSITE OR THEIR RELIANCE ON ANY INFORMATION ON THE WEBSITE OR THEIR DEALINGS WITH ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM THE WEBSITE, INCLUDING ANY SUCH DAMAGES OR LOSSES WHICH INCUR AS A RESULT OF THE USER’S FAILURE TO PROTECT THEIR USERNAME/PASSWORD COMBINATION. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF THE COMPANY HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.

7.2. THE COMPANY SHALL NOT BE LIABLE TO THE USER SHOULD THE USER LOSE THEIR JOB, CONSULTING ARRANGEMENT OR SUFFER ANY OTHER DAMAGES RELATED TO THEIR CAREER, PROFESSION, REPUTATION OR RELATIONSHIPS DUE TO THEIR USE OF THE WEBSITE. IF THE USER BELIEVES THAT SUCH A RISK MAY EXIST, THE USER SHOULD NOT USE THE WEBSITE.

8. Indemnification
The User agrees to hold the Company harmless and indemnify the Company from and against any third-party claim arising from or in any way related to the User’s use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

9. Content policy
9.1. The User acknowledges that the Website is for informational/educational purposes only and may contain content that the User deems or finds objectionable and that the User uses the Website solely at their own risk.

9.2. The Company does not and will not actively monitor the Website and any content that the User submits to the Website. The Company takes no responsibility for any content, including any malicious software programs, which is posted or submitted to the Website or any damages that such content may cause to the User. It is the User’s responsibility to review any content that the User submits to the Website. The Company does not endorse or support any content that is submitted to the Website.

9.3. The User represents and warrants that the User has all the rights, power and authority necessary to submit their content to the Website.

9.4. The Company does, however, reserve the right to review and/or remove any content submitted to the Website by the User or other users that contains or references (i) inappropriate or hateful content; (ii) violates the copyright, trademark or other proprietary rights of another; (iii) the private or confidential information of another person; and (iv) spam, marketing for other services or products, malicious software code (such as viruses or malware).

9.5. The Company retains the right to retain an archived copy of any removed content or to report any removed content, or content deemed to contain or reference any materials referenced above, to law enforcement authorities or to comply with applicable laws or regulations. The Company may also retain such content in order to preserve its rights.

10. Proprietary nature of website
10.1. The User acknowledges that the Company owns all right, title and interest in and to the Website and such rights are protected by U.S. and international intellectual property laws. Accordingly, the User agrees not to reproduce, reverse engineer, copy, alter, modify, or create derivative works from the Website, including any content posted on the Website. The User also agrees not to use any robot, spider, other software or manual process to monitor or copy any content available on the Website.

10.2. The “Replacing the Rainmaker” logo on the Website is the Company’s trademark and is protected under U.S. and international intellectual property laws.

10.3. Nothing in these Terms of Use gives the User any right or license to use any of the Company’s proprietary information, including any trademarks referenced above.

11. The User’s rights in and to submitted content
11.1. The User retains the rights to any content the User submits or posts to or displays on the Website. By submitting, posting or displaying content on or to the Website, the User grants the Company a perpetual, worldwide, non-exclusive and royalty-free license to reproduce, publish, create derivative works from, public display and distribute such content on the Website, even if the Company receives compensation or remuneration through its operation of the Website, or any derivative works prepared from the Website or any content submitted, posted or displayed on the Website.

11.2. The User understands and acknowledges that the Company may transmit or distribute content submitted to the Website over various public networks and in various media; and make such changes to content as necessary to conform and adapt content to the Website. The User understands and acknowledges that the Company may make content available to other companies, business firms, organizations or individuals for the Company’s own business purposes. The User agrees that the license granted to the Company by the User includes these rights.

12. Refunds
Refunds will only be considered within 7 days of the purchase of an initial license. Beyond 7 days, no refunds will be issued. Any refund issued will be less any processing fees incurred in the initial transaction.

13. Complaints
Please address any complaints to Ian Tonks, President, Replacing the Rainmaker at:

14. Cancellation
Once a sponsoring firm licenses Replacing the Rainmaker’s workshop content, the “right to cancel” a scheduled workshop is entirely at the sponsoring firm’s discretion.

15. Authorship, development and review
Replacing the Rainmaker’s workshop content was authored and developed by company President, Ian Tonks.  Materials were reviewed by qualified parties, including an accredited CPA, prior to publication.

16. Record retention

Replacing the Rainmaker will keep all of the following “sponsor” items for a minimum of five years:

  • Records of participation
  • Dates of self-study workshop completion
  • Number of CPE credits earned by participants
  • Program evaluations
  • Evidence and records of program review by qualified parties
  • Workshop word count formulas and calculations

17. Content review
Replacing the Rainmaker will review workshop content on a semi-annual basis to ensure program content is up-to-date and remains technically accurate. Should changes occur to relevant codes, laws, rulings, decisions and interpretations, Replacing the Rainmaker will endeavor to make those changes within 45 days, and notify registered users of those changes within 7 days of the update being made.

18. General
These Terms of Use constitute the entire agreement between the User and the Company regarding use of the Website. Any failure by the Company not to exercise or enforce any legal right or remedy available to the Company shall not be construed as a waiver of such right or remedy. If any court of competent jurisdiction rules that any provision of these Terms of Use is invalid, then such provision shall be removed from these Terms of Use without affecting the remainder of the Terms of Use and these Terms of Use will continue to be valid and enforceable. These Terms of Use shall be governed under the laws of the State of California, without regard to its conflict of law’s provisions.