Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and The Promotional Standard LLC, a Colorado limited liability company (“TPS,” “we,” “us,” or “our”), governing your access to and use of the website, dashboards, coaching tools, practice labs, training materials, and related services (collectively, the “Platform”). By creating an account, accessing the Platform, or clicking “I agree,” you accept these Terms.

1. Eligibility & Accounts

You must be at least 18 years old and provide accurate registration information. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

2. Intellectual Property Ownership

All content, materials, methodologies, frameworks, course curricula, scoring rubrics, scenarios, dashboards, software, audio, video, written materials, branding, and any derivative works available on or through the Platform (collectively, the “TPS Content”) are the sole and exclusive property of The Promotional Standard LLC and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

This includes, without limitation, the proprietary CLEAR™, LEAD™, and STARS™ frameworks; the TPS scoring methodology; the Question Diagnostic; the Practice Lab system; and all related templates, tools, and instructional design.

Subject to your compliance with these Terms, TPS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the TPS Content solely for your own personal, non-commercial preparation for your assessment or, if your employer holds a department subscription, for use within the scope of that subscription. No other rights are granted, expressly or by implication.

3. Prohibited Uses

You agree that you will not, and will not permit any third party to:

• Reproduce, copy, download (other than as expressly enabled by the Platform), publish, distribute, transmit, broadcast, sell, license, sublicense, or otherwise commercially exploit any TPS Content;
• Reverse engineer, decompile, disassemble, scrape, data-mine, or otherwise attempt to derive the source code, structure, or underlying methodology of the Platform or any TPS Content;
• Reproduce, redistribute, summarize, paraphrase, or create derivative works of the CLEAR, LEAD, or STARS frameworks, the TPS scoring rubrics, scenarios, question banks, or any instructional content, in any medium, including for use by other candidates, departments, training providers, or competing products;
• Use the Platform or TPS Content to train, fine-tune, evaluate, or otherwise develop any artificial intelligence, machine learning, or large-language-model system;
• Share, sell, transfer, lend, or disclose your login credentials to any other person, or permit any other person to access the Platform under your account;
• Access the Platform on behalf of, or impersonate, another person, including completing assessments, practice sessions, or training modules on behalf of another candidate;
• Circumvent or attempt to circumvent any seat limits, access controls, rate limits, or technical protection measures;
• Use the Platform in any unlawful manner or in any way that infringes the rights of TPS or any third party.

Violation of this Section 3 is a material breach of these Terms and may result in immediate termination of your account, forfeiture of any fees paid, and civil or criminal liability.

4. Account Security & Authorized Use

Each account is personal to a single named individual. You may not share your username, password, magic link, or any other access credential with any other person, and you may not use the Platform to take, attempt, or complete any assessment, practice session, or progress tracking activity on behalf of another person. Department admins are responsible for ensuring their seat assignments correspond one-to-one with named individuals.

5. Fees, Subscriptions & Refunds

Fees are described at the point of purchase or in your department’s order form. Unless explicitly stated otherwise, all fees are non-refundable. Department subscriptions are billed annually in advance.

6. Disclaimers

THE PLATFORM AND TPS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TPS DOES NOT GUARANTEE ANY SPECIFIC ASSESSMENT RESULT, PROMOTION, OR CAREER OUTCOME.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TPS’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO TPS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. TPS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

8. Termination

We may suspend or terminate your access at any time for any violation of these Terms. Upon termination, your license to the TPS Content immediately ends, and Sections 2, 3, 6, 7, 9, and 10 survive.

9. Governing Law & Venue

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or related to these Terms or the Platform shall be the state and federal courts located in Denver County, Colorado, and you consent to the personal jurisdiction of those courts.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via the Platform or by email. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

11. Contact

Questions about these Terms? support@thepromotionalstandard.com

The Promotional Standard LLC · Colorado, USA