Terms of Use and Privacy Policy

WEBSITE TERMS OF USE

Section 14 of these terms of use contain information regarding subscriptions, auto-renewals, free trials and cancellation thereof. please review section 14 prior to purchasing any subscription for the site or participating in any free trial

Last Modified: March 25, 2025

1. Acceptance of the Terms of Use

These terms of use are entered into by and between You as a user of our website (“You” and “Your”) and Ervin Educational Consulting, LLC (“Company”, “we”, “us”, or “Ervin”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern Your access to and use of https://www.behavioralleadership.com/ (the “Site”), whether as a guest or a registered user.

Please read these Terms of Use carefully before You start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://behavioralleadership.com/privacy, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Site.

This Site is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using this Site, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Site.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

3. Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or materials we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for making all arrangements necessary for You to have access to the Site and ensuring all persons who access the Site through Your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Site that all the information You provide on the Site is correct, current and complete. You agree that all information You provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy (https://behavioralleadership.com/privacy), and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our registration or security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Site (collectively, the “materials”) are protected by copyright and owned, controlled or licensed by the Company, or the party credited as the provider of the materials. You will abide by all additional copyright notices, information or restrictions contained in any material accessed through the Site.

These Terms of Use permit You to use the Site and materials for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

· Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.

· You may store files that are automatically cached by Your Web browser for display enhancement purposes.

· You may print or download one copy of a reasonable number of pages of the Site for Your own personal, non-commercial use and not for further reproduction, publication or distribution.

· If we provide desktop, mobile, or other applications for download, You may print or download a single copy to your computer or mobile device solely for Your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

· You may print or download one copy of a reasonable number of articles or message boards for Your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

· Modify copies of any materials from this Site.

· Hold out any materials from this Site as your own.

· Use any illustrations, photographs, video or audio sequences or any graphics or other materials separately from the accompanying text.

· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you wish to make any use of material on the Site other than that set out in this section, please address your request to: support@ervineducationalconsulting.com.

If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, Your right to use the Site will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Site or any content on the Site is transferred to You by Your use of the Site, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. User Contributions

The Site may contain message boards, chat rooms, comment sections, livestreams, personal web pages or profiles, forums, bulletin boards, blogs, vlogs, feedback options, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms. Company reserves the right to delete or remove any User Contribution in its sole discretion.

Any User Contribution You post to the Site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Site, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to record, use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, and You hereby RELEASE AND FOREVER DISCHARGE us and our affiliates in connection with any such use, reproduction, modification, performance, display, distribution, or disclosure.

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Site.

6. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not be libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

The Interactive Services will be used only in a noncommercial manner. You will not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

7. Trademarks

The Company name, the Company logo and all Company-related names, logos, products and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

8. Prohibited Uses

You may use the Site and its materials only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site or materials:

· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

· In any way that infringes on the rights of another, including any intellectual property rights of the Company or its licensors.

· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm the Company or users of the Site or expose them to liability.

· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

· Use any robot, automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

· Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

· Use any device, software or routine that interferes with the proper working of the Site, whether intentionally or accidentally done.

· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the Site.

9. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information or the research behind the articles, information, statements, and materials contained on the Site, including any information, research articles, statements or materials contained on the Site originating from or provided by any third party, and no such material is intended to be professional advice, including accounting, financial, legal, or medical advice. We make no representation, warranty, or guarantee that use of any information or materials contained on this site will achieve any particular result. Any reliance You place on such information is strictly at Your own risk. Consult with an appropriate professional before taking any action based on materials provided on or through this Site. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. The Company does not review the backgrounds of any such third party, including whether any such third party maintains appropriate professional licenses. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

10. Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

11. Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy at (https://behavioralleadership.com/privacy). By using the Site, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

12. Other Terms

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

13. Linking to the Site and Social Media Features

You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or attempt to take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable You to:

· Link from Your own or certain third-party sites to certain content on this Site.

· Send e-mails or other communications with certain content, or links to certain content, on this Site.

· Cause limited portions of content on this Site to be displayed or appear to be displayed on Your own or certain third-party sites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

14. Subscription, Auto-Renewal, Cancellation, and Free Trials

PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS OF THIS SECTION PRIOR TO PURCHASING ANY PAID SUBSCRIPTION OR PARTICIPATING IN ANY FREE TRIAL.

A. Paid Subscriptions

Many aspects of the Site require payment before they can be accessed or used (“Paid Subscriptions”). While Paid Subscription options will vary from time to time, they will require You to pay a recurring fee on a monthly, bi-annual, or annual basis, or at some other recurring interval disclosed to You prior to purchase (the “Subscription Period”). In addition to these Terms, Paid Subscriptions are governed by the terms of service defined at the time of enrollment. Importantly, Paid Subscriptions may not provide access to all services owned and operated by the Company.

We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to You in advance in the manner required by applicable law (if any). Price changes for Paid Subscriptions will take effect at the start of the next Subscription Period.

By registering for a Paid Subscription, You authorize us to charge Your credit card or other account that You have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in US Dollars. You shall pay all applicable taxes relating to the use of the Website through your account.

B. Auto-Renewal and Cancellation

The subscription fee for a Paid Subscription will be billed at the beginning of Your Subscription Period. Paid Subscriptions automatically renew until they are cancelled as described below. This means that, after Your initial Subscription Period, and again after any subsequent Subscription Periods, You will automatically be billed for an additional period of the same length. For example, if You select a monthly subscription on the 15th of any month, You will be billed for an additional month on the 15th of the next month, and then on the 15th of each month after that, until You cancel Your subscription. In the event the Your Subscription Period begins on a day that not contained in a subsequent month, we may bill Your subscription fee on a day in the subsequent month we deem appropriate.

You may cancel Your subscription at any time by logging into Your account on the Site or contacting us at support@ervineducationalconsulting.com. You have the right to cancel Your subscription without fee or penalty at any time. If You cancel Your subscription, cancellation will be effective at the end of the current Subscription Period. After cancellation, You will have continued access to the applicable Content for the remainder of the current Subscription Period, but You will not receive any refund

C. Free Trials

On certain occasions, the Company may offer free trials for its subscriptions. If you agree to participate in such a free trial and do not cancel your free trial within the applicable trial period, the trial will automatically convert to a Paid Subscription. This means that we will charge your payment card for the applicable subscription fee once your free trial period ends and we will continue charging you for each recurring Subscription Period until you cancel the subscription. You may cancel your subscription at any time by logging into Your account on the Site or contacting us at support@ervineducationalconsulting.com.

15. Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party sites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such sites.

16. Geographic Restrictions

The owner of the Website is based in the State of Ohio in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Site, including, but not limited to, any use of the Site’s content, services, products, or materials other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Site.

20. Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site will be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Dayton, and County of Montgomery County although we retain the right to bring any suit, action or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

21. Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

24. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between You and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

25. Your Comments and Concerns

The Site is operated by the Company, PO Box 752, Dayton, Ohio 45401

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: support@ervineducationalconsulting.com.

1. Introduction

ERVIN EDUCATIONAL CONSULTING, LLC (“Ervin” or “we”), respects your privacy and is committed to protecting it through our compliance with this policy.

This policy (“Privacy Policy,” or “Policy”) describes the types of information we may collect from you or that you may provide when you visit the website https://www.behavioralleadership.com/ (the “Website” or “Site”), or purchase, download, install, register with, access, subscribe to, or use our web-based applications (collectively, the “Services”). This Policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Policy is incorporated by reference into the Site’s Terms of Use, which are available at https://behavioralleadership.com/terms, and Ervin’s Terms of Service, which are available at https://behavioralleadership.com/terms.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site and not to register with, install, or use the Services. By accessing or using this Site or registering with, installing, or using the Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time (See Changes to Our Privacy Policy). Your continued use of this Site and/or the Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy from time to time for updates.

This Policy applies to information we collect:

• On the Site.

• In email, text, and other electronic messages between you and the Site or sent through or in connection with the Services.

• In the Services.

• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

It does not apply to information that:

• We collect offline or through any other means, including on any other website or application operated by Ervin or any third party, including third-party websites you may access through the Site or the Services;

• Any third party collects, including through any application or content (including advertising) that may link to or be accessible from or on the Site or the Services; or

• You provide to or is collected by any third party (See Third-Party Use of Cookies and Other Tracking Technologies). Our Site and the Services, and these third parties, may have their own privacy policies, which we encourage you to read before providing information on or through them.

Some services and experiences in the Site and/or the Services require you to provide information for it to function. If you do not wish to provide the required information, you may not be able to use certain features.

2. Children Under the Age of 18

Neither our Site nor the Services are intended for children under 18 years of age. No one under age 18 may provide any information to or on the Site or the Services. We do not knowingly collect information from children under age 18. If you are under age 18, do not use or provide any information on the Site or on or through any of its features/register on the Site; make any purchases through the Site; use any of the interactive or public comment features on the Site; register with, install, or use the Services; or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18 years of age, please contact us. See Contact Information.

3. Information We Collect About You and How We Collect It

The personal information that we receive about you depends on the context of your interactions with the Site and/or the Services, how you configure your account and the choices that you make, including your privacy settings. Personal information that you provide may also depend upon what services or experiences you use, your location, and applicable law. Thus, we may collect several types of information from and about users of our Site or the Services. When you access or use the Site or register with, install, or use the Services, we may automatically collect or ask you provide information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, account identification numbers, passwords, and/or credit card information, and/or any other identifier by which you may be contacted online or offline (“Personal Information”);

• About your internet connection, the equipment you use to access the Site or the Services and usage details;

• That is about you but individually does not identify you, such as technical or device-specific information such as your browser type, computer type, computer or device operating system, your search queries, internet service provider, and technical information about your means of accessing the Site or the Services; and/or

• Traffic data, location data, logs, and other communication data and the resources that you access and use on the Site or the Services.

We may collect this information:

• Directly from you when you provide it to us directly or through the use of interactive or feedback functions on the Site or the Services. See Information You Provide to Us.

• Automatically as you navigate through the Site or the Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. See Information We Collect Through Automatic Data Collection and Tracking Technologies.

• From third parties, for example, your or our business partners. See Third-Party Use of Cookies and Other Tracking Technologies.

4. Information You Provide to Us

The information we may collect on or through our Site or the Services may include:

• Information that you provide by filling in forms on our Site or the Services. This includes information provided at the time of registering to use our Site, the Services, subscribing to our service, posting material, commenting or contributing to the Site or the Services, or requesting further services. We may also ask you for information when you report a problem with our Site or the Services.

• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

• Your responses to surveys that we might ask you to complete for research purposes.

• Details of transactions you carry out through our Site or the Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Site or the Services.

• Your search queries on the Site or the Services.

Additionally, you also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site or the Services, or transmitted to other users of the Site, the Services, or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and/or you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site or the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. If you believe that your User Contribution has been viewed by an unauthorized person, please contact us. See Contact Information.

5. Information We Collect Through Automatic Data Collection and Tracking Technologies

As you navigate through and interact with our Site or download, access, and use the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Site or the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Site or the Services.

• Information about your computer or mobile device and internet connection, including your IP address, the device’s unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number.

• Metadata and other information associated with other files stored on your device.

If you do not want us to collect this information from the Site, do not use the Site.

If you do not want us to collect this information from or through the Services, see Choices About How We Use and Disclose Your Information. Note, however, that opting out of the Services’ collection of location information will cause their location-based features to be disabled.

The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Site and the Services and to deliver a better and more personalized service. See How We Use Your Information.

The technologies we may use for this automatic data collection may include:

• Cookies (or browser or mobile cookies). A cookie is a small data file that can be placed on your hard drive or smartphone when you visit certain websites. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our networks. We may use a cookie to save your settings and to provide customizable and personalized services when you access the Site or the Services. It may be possible to refuse to accept browser or mobile cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting you may be unable to access certain parts of our Site and/or the Services. Unless you have adjusted your browser or mobile settings so that it will refuse cookies, our system will issue cookies when you direct your browser or smartphone to our Site and/or the Services.

• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

• Web Beacons. Pages of the Site, the Services, and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Ervin, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

6. Related Third Parties

When you use the Site, the Services, or their content, certain third parties may provide us with information about you or your device, including those you specifically request or authorize or with which you are affiliated. Accordingly, we may collect such information:

• When you sign into a third-party service with your account or when you connect your account to a third-party service.

• From your service providers. If you choose to sync a non-Ervin account/service with your account, we will receive information from that account/service according to your settings with that account/service.

• From other users. As described above, we may get information about you from other users, such as your spouse or your employer.

7. Third-Party Use of Cookies and Other Tracking Technologies

When you use the Site, the Services, or their content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Advertisers, ad networks, and ad servers.

• Analytics companies.

• Your mobile device manufacturer.

• Your mobile service provider.

Some content or applications, including advertisements, on the Site and the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site or the Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services or websites. They may use this information to provide you with interest-based, behavioral advertising or other targeted content.

We do not control any third parties’ tracking technologies or how the collected information may be used, so please be aware of such risks when clicking on third party advertisements of links. If you have any questions about an advertisement or other targeted content, you should contact the responsible third-party provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

8. How We Use Your Information

We may use the information we collect from you in the following way and for the following reasons:

• To present our Site, the Services and their contents to you.

• To create your account.

• To provide you with information, products, or services that you request from us.

• To respond to customer service requests from you and support your needs.

• To personalize your experience on the Site and/or the Services.

• To fulfill any other purpose for which you provide it.

• To aggregate user information to better understand our customer’s needs.

• To solicit feedback to improve our products and services.

• To run our promotions, surveys, and sales.

• To provide you with notices about your account or subscription, including expiration and renewal notices.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• To notify you about changes to our Site, when Service updates are available, and/or any products or services we offer or provide through them.

• To allow you to participate in interactive features on our Site and/or the Services.

• To enable us to estimate our audience size and usage patterns, speed up your searches, and recognize you when you return to our Site or the Services.

• To improve the Site or Services interface, experience, or functionality.

• To tailor our content to engage with the interested online community.

• To carry out our obligations and enforce our rights arising from any misuse of the Site and/or the Services.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use your email address to send you information and updates pertaining to your order, or to respond to inquiries, questions, or requests. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, and notifications when new content, products, or services are available. If at any time you would like to unsubscribe from receiving future emails or communications, we include detailed unsubscribe instructions within each communication. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

9. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose Personal Information that we collect or you provide to us:

• To our subsidiaries and affiliates.

• To contractors, service providers, and other third parties we use to support our business.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Ervin’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Ervin about our Site or Service users is among the assets transferred.

• To third parties to market their products or services to you if you have not opted out of these disclosures.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

• When you connect with a partner or vendor that integrates with our Services. You may be provided with offers, products, and services from third-party companies who integrate with our Services (“Platform Partner”). If you choose to interact with a Platform Partner, apply for their services or offerings or otherwise link or sync your account to a Platform Partner’s product or service, you consent and direct us to share your information, including personal information, to the Platform Partner providing the service or offering. For example, when we send your personal information to partners in order to generate offers for you to review, when we send your application information directly to our partners, or when we send you to the partner’s site for you to provide the information directly to them. In some cases, if you click through to go to a Platform Partner’s site, you will automatically be sending your personal information to that Platform Partner. When this happens, you will still have to submit your application on the Platform Partner’s site. Remember that any information you provide to a Platform Partner, whether through us or on your own, will be subject to their privacy practices and terms and conditions.

• When you connect to your social media account. Some of our features enable you to connect to a social media account or share information on social media platforms, like Facebook, Instagram, TikTok, and X (formerly Twitter). Any information you choose to share on social media may potentially be visible to a global audience and will be subject to the social media provider's privacy policies (not this Policy). You should take care only to share information on social media that you are comfortable sharing.

We may also disclose your Personal Information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our rights arising from any contracts entered into between you and us, including the Term of Service https://behavioralleadership.com/terms, and other agreements, including for billing and collection purposes

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Ervin, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We do not and will not sell personal information to third parties. We do share personal information with third parties for the business purposes described in this Policy.

10. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over certain uses and disclosures of your information:

A. Tracking Technologies and Advertising

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s Website. You can choose whether or not to allow the Services to collect information through other tracking technologies. If you disable or refuse cookies or block the use of other tracking technologies, please note that some parts of this Site or the Services may then be inaccessible or not function properly.

B. Disclosure of Your Information for Third-Party Advertising

If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (account registration form). You can also always opt-out by logging into the Site and/or the Services, as the case may be, and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@ervineducationalconsulting.com (see below).

C. Location Information

You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Services may then be inaccessible or not function properly.

D. Promotional Offers from Ervin

If you do not wish to have your contact information used by Ervin to promote our own or third parties’ products or services, you can opt-out by clicking “Unsubscribe” on any email communication we may have sent you, or if such email does not contain an “Unsubscribe” button, you may send us an email at support@ervineducationalconsulting.com asking to be omitted from future email distributions. This opt-out does not apply to information provided to Ervin as a result of a Service purchase, warranty registration, product service experience or other transactions.

E. Targeted Advertising

If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out in the same manner described above. For this opt-out to function, you must have your browser set to accept browser cookies. You can adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or, if such option is not available, by sending us an email stating your request to support@ervineducationalconsulting.com.

F. Disclosure of Your Information for Third-Party Advertising and Marketing

If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out. You can opt-out by logging into the Site and/or the Services, as the case may be, and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@ervineducationalconsulting.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

11. Accessing and Correcting Your Information

You can review and change your Personal Information by logging into the Site or the Services and visiting your account profile page.

You may also send us an email at support@ervineducationalconsulting.com to request access to, correct or delete any Personal Information that you have provided to us. Please be advised that we may not be able to delete such Personal Information without also deleting your user account. In such event, we are not responsible for any consequences that result from the deletion of such data or the deletion of your account, including any fees you may incur to create a new account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Site or the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site or Service users. Proper access and use of information provided on the Site or the Services, including User Contributions, is governed by our Terms of Use at https://behavioralleadership.com/terms.

12. Data Security

We maintain measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted by our payment processor in accordance with their terms.

That said, the safety and security of your information ultimately depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site or the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site or the Services like message boards or comment sections. The information you share in public areas may be viewed by any user of the Site or the Services.

Unfortunately, the transmission of information via the internet or mobile platforms is not completely secure. We make no guarantees on the security of your Personal Information transmitted through our Site or the Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or the Services.

13. Information Retention

Unless you specifically ask us to delete your personal information, we retain your personal information as long as it is necessary to comply with our data retention requirements and provide you with services and the benefits of the Site and/or the Services. However, even if you request a deletion, we may be required to maintain your information for as long as necessary to (i) comply with our legal or regulatory compliance needs (e.g. maintaining records of transactions you have made with us); (ii) to exercise, establish or defend legal claims; and/or
(iii) to protect against fraudulent or abusive activity on our service.

There may be occasions where we are unable to fully delete, anonymize, or de-identify your information due to technical, legal, regulatory compliance or other operational reasons. Where this is the case, we will take reasonable measures to securely isolate your personal information from any further processing until such time as we are able to delete, anonymize, or de-identify it.

14. Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes.

15. State-Specific Rights

If you are a Vermont resident, you may have the following rights:

We will not share your non-public personal information with unaffiliated third parties unless you authorize us to make those disclosures without your consent, other than as permitted by law. Further, we will not share credit reports with our affiliates without your consent.

If you are a California resident, you may have the following rights:

Access. You may have the right to access:

• the categories of personal information we have collected about you,

• the sources from which that information was collected,

• the business or commercial purpose for collecting your personal information,

• the categories of third parties with whom we share your personal information,

• the specific pieces of personal information we have collected about you,

• the categories of personal information we sold about you,

• the categories of third parties to whom we sold personal information about you, and

• the categories of personal information we disclosed for a business purpose.

Deletion. You may have the right, under certain circumstances, to request that we delete the personal information you have provided to us.

Non-discrimination. You have the right to be free from discrimination related to your exercise of any of your California privacy rights.

Verification. In order to protect your personal information from unauthorized access or deletion, we may require you to verify your credentials before you can submit a rights request. If you do not have an account with us, or if we suspect that your account has suffered fraudulent or malicious activity, we may ask you to provide additional personal information for verification. If we are subsequently unable to confirm your identity, we may refuse your rights request.

Authorized agents. You may use an authorized agent to submit a rights request. If you do so, the agent must present signed written authorization to act on your behalf, and you may also be required to independently verify your identity or your legal authority or ownership of the personal information with us.

Please note that we may claim legal exemptions for certain types of personal information from all or certain parts of the CCPA pursuant to various CCPA exemptions.

What you can do to manage your privacy

You have choices when it comes to managing the privacy of your personal information.

Update your privacy settings. You may update your privacy settings by visiting your account settings.

Manage marketing communications from us. To update your marketing communication preferences, you can go to the marketing preference tools in your account settings. You may also click unsubscribe at the bottom of the marketing emails.

Download a copy of your personal information. You may request a copy of your personal information by visiting your account or by emailing us at support@ervineducationalconsulting.com.

Correct your personal information. You can edit and correct your personal information at any time by changing it directly in our products and services.

Delete your personal information. You may request for us to delete your personal information by visiting your account settings or by emailing us at support@ervineducationalconsulting.com.

Cookies and other tracking technologies. You may be able to opt-out of interest-based advertising by visiting the Digital Advertising Alliance of Canada Opt-Out Page, NAI Opt-Out Page and the Choices Opt-Out Page or by emailing us at support@ervineducationalconsulting.com.

Your Right to Limit Information Sharing: You have the right to limit our sharing of your information to both affiliates and third-parties for marketing purposes. You can limit our information sharing by emailing us at support@ervineducationalconsulting.com.

16. Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

PO Box 752

Dayton, Ohio 45401

support@ervineducationalconsulting.com

or via our phone number:

888-261-2331

Last Revised: March 25, 2025

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