Terms of Use for Website and Electronic Communications
PLEASE READ CAREFULLY.
THESE TERMS OF USE REPRESENT THE AGREEMENT (“AGREEMENT”) BETWEEN YOU ("USER") AND STEVEN J LEVY, LLC® (“SJL, LLC”) GOVERNING USE OF SJL, LLC’S WEBSITE (“WEBSITE” OR “SITE”) AND COMMUNICATIONS BETWEEN THE SJL, LLC AND YOU VIA EMAIL OR OTHER ELECTRONIC MEANS (“ELECTRONIC COMMUNICATIONS”).
SJL, LLC RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME, WITH OR WITHOUT ADVANCE NOTICE.
1. Permitted Use.
You may use the SJL, LLC Website and engage in Electronic Communications with SJL, LLC only for expressly authorized purposes. You must not access or use the Site or engage in Electronic Communications (i) for any purpose that is unlawful; (ii) in any manner that interferes with any other user’s use of the Site or Electronic Communications; (iii) in any manner that could impair, damage, or disable the Site or any computer, server, or network that is used by SJL, LLC for Electronic Communications; (iv) using a user ID, password or other credentials for which you are not authorized. SJL, LLC may at its sole discretion prohibit access or use of the Site and Electronic Communications by any User that is in violation of this Agreement, or is interfering with the proper operation and enjoyment of the site by others.
2. Copyright and Trademark.
Unless otherwise indicated, as between User and SJL, LLC, all information contained on or in the Website and our Electronic Communications, such as text, graphics, trademarks and service marks, logos, images, audio and video clips, tests, and all other content is proprietary to SJL, LLC and may not be copied, reproduced, transmitted, displayed, performed, distributed, sub-licensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner unless advance permission is granted by SJL, LLC in writing. If User is granted advance written permission from SJL, LLC to use or distribute any SJL, LLC content, User shall clearly attribute the creation and ownership to SJL, LLC. Specifically, User shall at least provide one conspicuous notice of SJL, LLC copyright ownership. Steven J Levy® is registered service mark of SJL, LLC, and any SJL, LLC logos, domain names and tag lines, are service marks and trademarks of SJL, LLC and may not be used or reproduced without the express written consent of SJL, LLC.
3. User Submitted Materials.
Any original materials submitted by User, including (without limitation) photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
a. As between User and SJL, LLC, User will retain ownership of such User Submitted Materials, and you grant SJL, LLC and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sub-license (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with SJL, LLC.
b. User represents and warrants that User owns or otherwise possesses all necessary rights, permissions, and license with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
4. No Healthcare Information.
The Probability Expansion technique Quiz (PETQ), and other quizzes, personality type information and content that are available on the Website, are provided AS-IS and are subject to the disclaimers and other terms set forth herein. Quizzes, quiz results, and other content on the Website or sent via Electronic Communications are provided for informational purposes only and are not intended to be used for as the basis for any healthcare diagnosis or as a substitute for obtaining medical advice and treatment from a competent physician, mental health professional, or other health care practitioner. SJL, LLC is not a health care provider or covered entity and quiz results are not protected health information pursuant to HIPAA laws. You should not take any health care action based upon test results or other content of the SJL, LLC Website or Electronic Communications without first obtaining appropriate and independent guidance from a physician or other health care practitioner. Giving, receiving, or using the content on this Website or via Electronic Communications does not constitute or create a caregiver-patient relationship.
5. Privacy Policy.
The Privacy Policy of SJL, LLC is incorporated by reference and made an express part of these Terms of Use as if fully set forth herein.
6. Linking and Framing.
SJL, LLC makes no representation, warranty or endorsement, express or implied, as to any of the information, quizzes, services, products or messages on any other applications which may be accessed through links and frames in the Website or in its Electronic Communications. Links and frames are provided for convenience only and are not intended as an endorsement by SJL, LLC of the organization or individual operating the linked/framed websites and/or applications or a warranty or endorsement of any type regarding the third party websites or the information, services, products or messages posted on or available from such sites or third parties.
7. Disclaimers of Warranties and Limitation of Liability.
When using the Website or engaging in Electronic Communications, information will be transmitted over a medium that may be beyond the control and jurisdiction of SJL, LLC and its agents, vendors, and suppliers. Accordingly, SJL, LLC assumes no liability for or relating to the delay, failure, interruption, unavailability, or corruption of any data or other information transmitted in connection with use of the Website or its Electronic Communications. The Website, Electronic Communications, and SJL, LLC content is provided on an "as is" basis. SJL, LLC AND ITS’ officers, directors, agents, employees, CONTRACTORS, volunteers, LICENSORS, LICENSEES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE.
Without limiting the foregoing, SJL, LLC, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers make no representations or warranties about the accuracy, reliability, availability, completeness, or timeliness of the content, and where applicable, tests, test results, software, text, graphics, links, or communications provided on or through the Website or via Electronic Communications. In no event shall SJL, LLC, its officers, directors, agents, employees, contractors, volunteers, licensees, licensors, and suppliers, or any third parties mentioned in the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, or inability to use, the Website, Electronic Communications, or content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SJL, LLC, its officers, directors, agents, employees, volunteers, contractors, licensees licensors, and suppliers, or any third parties mentioned in the Website are advised of the possibility of such damages.
User agrees to hold harmless SJL, LLC and its officers, directors, agents, employees, contractors, licensees, and volunteers from all claims arising out of or related to your use, or your inability to use, the Website or the information, tests, services, products or messages contained in the Website or other applications and/or websites to which the Website is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Website or another website or application to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will SJL, LLC or the contributors of information to the Website be liable to User or anyone else for any decision made or action taken by User in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SJL, LLC, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND VOLUNTEERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. User agrees to hold harmless SJL, LLC and its officers, directors, agents, employees, licensees, and volunteers from all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys' fees) arising directly or indirectly out of or from the User Submitted Materials.
8. Survival.
In the event any provision hereunder is held to be invalid or unenforceable, all remaining terms under the Terms of Use shall remain in full force and effect as if such invalid or unenforceable term had never been included.
9. Equitable Relief.
User agrees that any material breach of these Terms of Use will result in irreparable harm to SJL, LLC for which damages alone would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, SJL, LLC shall be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
10. Non-Waiver.
Any failure to exercise promptly any right under the Terms of Use shall not create a waiver or any expectation of non-enforcement.
11. Governing Law.
User and SJL, LLC agree that the statutes and laws of the State of Florida, without regard to conflicts of laws principles thereof, shall apply to all matters arising from or relating to use of the Website. User and SJL, LLC also agree and hereby submit to the exclusive personal jurisdiction and venue of Hillsborough County, Florida and the United States District Court for the State of Florida with respect to such matters.
12. Entire Terms of Use.
This Agreement constitutes the entire agreement between User and SJL, LLC relating to the Website, and cancels and supersedes any prior versions of the Terms of Use.
Effective Date: April 18, 2020
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