Welcome to Keys of Communication!

The Keys of Communication website (the “Website”) is owned and operated by Erickson Training International (the “ETI,” “us,” “we,” or “our”).  Through the Website as well as any other method related, linked, or otherwise connected, we provide the Keys of Communication training program and related services (collectively, the “Services”). These Terms of Use (“Terms”) apply to all activities on the Website and activities related to the Services.

We encourage you to read this Terms and our Privacy Policy carefully before accessing or participating in any part of the Services. By accessing or participating in any part of the Services, you, as a person purchasing the Services (“Learner”) or a person assisting a Learner to fill out a survey (“Respondent”), accept and agree to be bound and abide by these Terms and our Privacy Policy (the “Privacy Policy”), which can be found at [link of Privacy Policy]. If you do not agree to these Terms, you are not authorized to use, and you should not use, the Website and Services.

Please note that we reserve the right, in our sole discretion, to make any changes or modifications to these Terms at any time and for any reason, and we will post the updated Terms on the Website. Please ensure that you check the Terms regularly. If you do not agree with the changes or modifications, you should cease accessing or using the Website and Services. Your continued use of the Website or participation in the Services constitutes your agreement to the updated Terms. 

If you have any questions, need more information, or require for further communication, please email us at [email]. Thank you.

The following sections shall survive the expiration or termination of these Terms:

Section 4 Policy for Intellectual Property and License

Section 5 Disclaimer

Section 6 Limitation of Liability

Section 7 Indemnification

Section 8 Governing Law and Jurisdiction

Section 9 Miscellaneous

1. Account

1.1 Creating an Account

An account is required to purchase the Services. You are required to provide correct and complete information for your account, including but not limited to a valid email address, and update the account information as needed. If the account information is outdated or incorrect, your rights may be affected, including but not limited to inability to receive the Services or notifications, inability to create or log in to an account through verification, or having an account terminated, blocked, or deleted. 

ETI shall not be liable for any loss or damages caused by or related to your entering incorrect information or not timely updating your account information.

1.2 Account Rules of Use

The account is only for personal use. You are not allowed to transfer or share your account with others.

You agree to keep your password confidential and to not disclose, trade or transfer, with or without payment, your password. You are solely liable for any use of the Website under your account and password, including but not limited to any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person’s use of your password to gain access to your account.

ETI shall not be liable for the loss and damage caused by or related to wrong access to the accounts. You shall notify us immediately if you are aware of the account being used without your permission.

1.3 The Restriction on Age of Creating an Account

You must be at least 18 years of age to create an account on the Website. We may, at our sole discretion, delete the account and prohibit you from using the Services if you are under the age of 18. 

1.4 Account Termination

You may terminate your account by notifying us by e-mail. Please note that payment records and other relevant information may be accordingly deleted upon the termination of your account, which may result in your not being eligible for certain offers or privileges.   

2. Payment and Transaction

2.1 Credit Card Payment

The payment of the Services shall be completed with a valid credit card. You agree to pay the fees for Services that you purchase, and you authorize us to charge your credit card or process other means of payment for those fees.  You further authorize us to use a third party to process payments and consent to the disclosure of your payment information to such third party.

If you think there is a problem with the credit card transaction, an error, or you suspect that your credit card is being accessed by others without your permission, please contact your credit card company immediately. For questions related to the credit card transactions, we can only respond to whether you have made a successful payment and waive all liability with respect to the credit card transactions.

2.2 One-time Transaction

Any purchase of the Services will be construed as an independent, one-time transaction with us. The transaction does not result in a continuing contractual relationship between you and us. We will provide you with the materials corresponding to the type of Services you have selected, and we have no obligation to further provide any explanations, instructions, or lectures on such material. 

2.3 No Refund

All finished transactions are final, all payments are NON-REFUNDABLE, and we do not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances except where expressly agreed by us. 

While we believe that our Services will help improve communication skills, due to differences in abilities, preferences, and backgrounds, we do not guarantee that our Services is suitable for you, nor do we guarantee any learning outcomes. You recognize and agree that you shall in no event be entitled to a refund, including but not limited to any claims based on the suitability or effectiveness of the Services. 

3. Rules of Using the Services

You may not access or participate in the Services or create an account for unlawful purposes. Your use of the Services and activities on the Website must comply with applicable laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

3.1 Learners

We provide the Services for educational and training purposes with several options. Learners shall purchase the option(s) according to their needs.

For some of the options, we will provide Learners with the report(s) of their communication skill (the “Personal Profile”) based on the survey(s) received from Respondent(s) they chose. Please note that Respondent(s) shall be chosen by Learner, and it is the responsibility of Learner to require Respondent to complete the survey and submit the survey back to us within the agreed time.

If the survey is not fully completed or is not submitted to us on time by Respondent(s), we reserve the right to refuse to provide Learner with their Personal Profile.

For certain Services options, Learner will be able to access the materials and documents of the Services after their purchase is complete. Learner is responsible for keeping the link, materials, or documents themselves. We have no obligation to provide the materials and documents of the Services once they have been given to Learner. 

3.2 Respondents

For some of the options, Learner will choose Respondent(s) to complete a survey and provide such Respondent(s) with access to the survey.  Respondent(s) are to complete the survey in full; otherwise, the survey will be deemed ineligible for use in generating a Personal Profile for Learner. 

3.3 Consequence for Violation of the Terms

We maintain the discretion in enforcing these Terms. If you violate these Terms, in additional to all remedies available to us, we may restrict or terminate your permission to access to the Services or terminate, block, or delete your account at any time, with or without notice. You agree that we will not be liable to you or any third party for terminating, blocking or deleting of your account, or restricting or terminating your access to our Services.

4. Policy for Intellectual Property and License

All rights, titles, and interests in and to any and all of the Website and Services, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights are and will remain the exclusive property of ETI and its licensors. For clarity, you understand that all manuals provided and all reports generated by ETI, including the Personal Profile, shall remain the property of ETI.  ETI’s mark and logo are the trademarks of ETI. All rights in and to the Website and Services that are not expressly granted herein are reserved by us.

Learners who purchase the Services may receive access to certain content, such as manuals and the Personal Profile regarding their communication abilities. By purchasing the Services, Learner is granted with a limited, personal, non-exclusive, non-transferable, and revocable license to use the content purchased for their own personal use in accordance with these Terms. Learner may download the content only for his/her/their personal use. 

You may not use any information provided on or through the Website or Services for any commercial purpose including selling, buying, distributing, reposting or licensing any information or materials you may obtain through use of the Website or Services. You may not use or access the Website or Services in order to develop any competing products or services.

5. Disclaimer

The Website and Services are provided by ETI on an “as is,” “as available,” without express or implied warranty. The Website and Services may contain bugs, errors, or other limitations. We have no liability whatsoever for your use of the Website or Services. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content through the Website or Services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.

The Services is only for education and self-improvement purposes. By agreeing to these Terms, you understand and acknowledge that the personnel at ETI who provide the Services are not licensed psychologists, medical doctors, or health care professionals, that the Services do not involve any diagnosis or treatment by psychologists, doctors or other healthcare professionals, and that the Services are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or other professional advice by legal, medical or other qualified professionals.

Without limiting the generality of the foregoing or any other provisions in these Terms, we are not responsible for any delay or failure of our performance of any of the Services caused by events beyond our reasonable control or expectation, such as an act of war, military conflict, terrorist incident; natural disaster; electrical or internet outage; or government restrictions. 

6. Limitation of Liability

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH USE OF THE SERVICES OR WEBSITE, EXCEED THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE SERVICES, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS OR BUSINESS. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.

7. Indemnification

You shall defend, indemnify and hold us and our officers, employees, affiliates and agents harmless from all claims and suits from third parties for damages, costs and expenses, attorneys’ fee arising out of or resulting from (a) your use of the Services, (b) your violation of the Terms, and (c) your violation of any rights of a third party.

8. Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of Taiwan, (ROC). Any dispute, controversy, difference or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity, interpretation, performance, breach or termination, shall be finally resolved by arbitration referred to Chinese Arbitration Association, Taipei in accordance with its arbitration rules in force when the notice of arbitration is submitted, and the seat of arbitration shall be Taipei, Taiwan. The language of arbitration shall be English.

9. Miscellaneous

9.1. Assignment.

You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction. 

9.2 Entire Agreement.

These Terms together with the Privacy Policy and any other legal notices or policies published by us through the Website, constitute the entire agreement between you and ETI concerning your use of the Website and Services. Any modification of these Terms must be in writing executed by a duly authorized officer of ETI.

9.3 Severability

If any part of these Terms are determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

9.4 Notices. 

You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.