WEBSITE TERMS AND CONDITIONS OF USE
These Website Terms and Conditions of Use (“Terms”) are effective as of March 1, 2018
Please feel free to contact us with any questions you might have regarding these Terms. You may send us an e-mail at firstname.lastname@example.org.
PLEASE READ THESE TERMS CAREFULLY BEFORE VISITING THE WEBSITE OR ACCESSING THE CONTENT OR USING ANY SERVICES ON THE WEBSITE. YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE WEBSITE AND THE SERVICES PROVIDED ON THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OR ARE IN BREACH OF ANY OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER AND YOU SHOULD NOT AND ARE NOT AUTHORIZED TO USE THE WEBSITE OR ANY SERVICES ON THE WEBSITE. UNAUTHORIZED USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO MISUSE OF PASSWORDS OR POSTED INFORMATION, IS STRICTLY PROHIBITED. THE WEBSITE IS NOT INTENDED FOR USE BY USERS WHO ARE UNDER 13 YEARS OF AGE.
USE OF THE WEBSITE
Subject to compliance with the Terms and payment of any relevant fees, YOU MAY:
- Review the materials provided on or through the Website.
- Take one or more of the assessments offered on the Website.
- Review and share with others your assessment results and any associated analysis of such results.
YOU MAY NOT:
- Copy, share, upload, post or distribute any of the materials (other than your assessment results and any associated analysis) or any assessment questions, in whole or in part.
- Translate or otherwise modify any of the materials or any assessment questions, in whole or in part.
- Make commercial use of any of the materials or any assessment questions.
Content and Access
All content displayed or otherwise contained on or available via the Website, including without limitation all images, text, assessment materials, illustrations, and graphics, constitutes the proprietary intellectual property of Body of Business or its licensors, and are protected by U.S. and international copyright laws. By accessing or utilizing the Website, except as is incidental and necessary to access the Website by your computer or mobile device or as expressly permitted by the Terms, the User agrees not to directly or indirectly copy, modify, recast, create derivative works, post, publish, display, redistribute, disclose, or make available the content or any aspect of the services displayed or otherwise contained on or available via the Website, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the materials or services without the prior written consent of Body of Business; provided, however, that the User may share with others the User’s assessment results and any associated analysis of such results.
Trademarks and Service Marks
All trademarks, service marks, trade names, and logos displayed on the Website, including any materials or services provided by the Website (collectively referred to as the “Marks”), are proprietary to Body of Business or their respective owners, and are protected by U.S. and international trademark laws. Any use of the Marks, or any other trademarks, service marks, trade names, and logos owned by or licensed to Body of Business without its express written consent is strictly prohibited.
No Warranty, Limitation of Liability
THE INFORMATION ON AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. BODY OF BUSINESS DOES NOT PROVIDE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OR ACCURACY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON THE WEBSITE OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES PROVIDED ON THE WEBSITE, INCLUDING THE ASSESSMENTS AND ASSESSMENT RESULTS, ARE MADE AVAILABLE TO USERS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE ASSESSMENTS AND ASSESSMENT RESULTS ARE ONLY INTENDED TO INVESTIGATE AND ANALYZE A LIMITED SET OF SPECIFIC CHARACTERISTICS AND DO NOT CONSTITUTE A COMPREHENSIVE ANALYSIS OF ALL OF YOUR ATTRIBUTES AND CAPABILITIES.
ACCORDINGLY, YOU SHOULD NOT RELY ON ANY SUCH ASSESSMENT RESULTS OR ANALYSIS, OR ANY OTHER INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, IN MAKING ANY CAREER OR OTHER DECISIONS THAT MAY AFFECT ANY MATERIAL ASPECT OF YOUR LIFE.
YOU ACKNOWLEDGE THAT BODY OF BUSINESS SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR YOUR USE OF OR RELIANCE ON THE WEBSITE, OR ANY MATERIALS OR SERVICES PROVIDED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATED TO (I) THE INTRODUCTION OF ANY VIRUSES, WORMS, TROJAN HORSES, MAILBOMBS, CANCELBOTS, OR OTHER MALICIOUS CODE OR CONTAMINATING OR DESTRUCTIVE ELEMENTS TO YOUR SOFTWARE, HARD DRIVES OR OTHER PROPERTY, (II) THE DISRUPTION, CORRUPTION OR LOSS OF ANY CODE OR DATA, (III) ANY ASSESSMENTS OR ANALYSIS, (IV) THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, OR (V) ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN BODY OF BUSINESS AND YOU. BODY OF BUSINESS SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES, INCLUDING ANY ASSESSMENTS OR ANALYSIS, CONTAINED ON THE WEBSITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY INFORMATION, MATERIALS OR SERVICES OR FOR ANY OTHER ASPECT OF SUCH INFORMATION, MATERIALS OR SERVICES. IN NO EVENT WILL BODY OF BUSINESS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY INFORMATION, MATERIALS OR SERVICES, INCLUDING ANY ASSESSMENTS OR ANALYSIS, MADE AVAILABLE BY, THROUGH OR ON THE WEBSITE, EVEN IF BODY OF BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BODY OF BUSINESS SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY BODY OF BUSINESS OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE INFORMATION, MATERIALS OR SERVICES, INCLUDING ANY ASSESSMENTS OR ANALYSIS, PROVIDED BY OR THROUGH THE WEBSITE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THE WEBSITE CONSTITUTES CAREER, INVESTMENT, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY CAREER, INVESTMENT, LIFE OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY SUCH DECISIONS.
WE MAY REVOKE YOUR ACCESS TO OR UTILIZATION OF THE WEBSITE, INCLUDING ANY INFORMATION, MATERIALS OR SERVICES, FOR ANY REASON WITHOUT PRIOR NOTICE.
If any of the provisions of the Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining provisions of the Terms, which shall be given full effect, without regard to the invalid portion(s).
Governing Law/Individual Arbitration of Claims
The laws of the United States of America, State of Connecticut shall govern these Terms, without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. YOU AND BODY OF BUSINESS AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING THE WEBSITE, INCLUDING ALL ASSOCIATED INFORMATION, MATERIALS AND SERVICES, SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE, BASIS IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION.
You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data, information, materials or services from the Website, including but not limited to (i) use of any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the data, information, materials or services on the Website; (ii) any attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer or database connected to the Website; (iii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (iv) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; or (v) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. You may not use the Website in any way that violates applicable federal, state, local or international law or regulation. You also agree to not impersonate or attempt to impersonate Body of Business, an Body of Business employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, usernames or social media handles associated with any of the foregoing). Body of Business reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Body of Business and its licensors may be entitled at law or in equity.
Third Party References and Linking
References and links on the Website to any names, trademarks, products, services or content of third parties are provided solely as a convenience to you and do not in any way imply Body of Business’ endorsement or sponsorship of or affiliation with such third party or their services, goods or content.
You may link to our homepage, provided you do so in a way that is fair, legal, in accordance with other applicable websites’ terms of service, and does not damage our reputation or take advantage of it. However, you may never establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent, which may be withheld in our sole discretion. The Website may provide certain social media features that enable you to link from your own or other third-party websites, send e-mails, alerts, text messages or other communications with content or links to the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or third-party websites. You agree to use these features solely as they are provided by us and solely with respect to the content they are displayed with.
Certain webpages and portals on the Website may contain terms and conditions in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such webpages.