Last updated: July 1, 2020
We encourage you to review these Terms periodically. Your continued use of the Site after modified Terms have been posted constitutes your agreement to the modified Terms.
We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Site and its contents (“Site Content”) are protected by United States and international copyright. Except as stated otherwise in these Terms or on the Site, you may not copy, distribute, transmit, modify, publicly display or perform or otherwise exploit Site Content, in whole or in part, in any manner unless we authorize it in writing in advance.
User Content and License
Subject to these Terms, the Site may contain functionality that allows you to upload and share text, video, music, photographs, artwork and other materials that you choose to submit to share on the Site (“User Submission”, “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. When you submit User Submissions on the Site, you grant us a nonexclusive, worldwide, royalty-free license (with the right to sublicense the rights) to reproduce, distribute, create derivative works of, and publicly display and perform the User Submission, in whole or in part, in any media now known or later developed in connection with the Site and promotion of the Site, including the right to use your name and likeness and the names and likenesses of others included in your User Submissions and to identify User Submissions with our description and additional information.
You agree to upload only User Submissions that you have created yourself or that you have all necessary rights to upload and license to us as described in these Terms. You are strictly prohibited from uploading personally-identifiable information, images, or other content of others without their express prior consent and you should carefully consider any privacy and confidentiality concerns before any disclosure.
Guidelines for User Generated Content: Submissions
- To be eligible to submit content for consideration for posting to the Site, you must be at least 18 years of age. If you submit content, you represent and warrant that you are at least 18 years of age.
- If you submit an original photograph, video, artwork, drawing or article (“User Submission”, “User Submissions“) for consideration to be posted on the Site, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person.
- You will not submit any User Submission that infringes on any copyright, trademark, trade secret, right of publicity or privacy or other right of any person.
- You will not upload to or otherwise publish on to the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal content. You will not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide content and misleading information knowingly and with intent to defraud.
- You will not upload to, or distribute or otherwise publish on to the Site any malware, viruses, spyware, worm, Trojan horse, Easter egg, time bomb, or other harmful element that may interfere with or disrupt operation of the Site in any way or harm any software, hardware, or other equipment; or other malicious software or files to the Site.
- You will not disrupt the Site or the servers or networks used to make the Site available, or restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
- You will not post, transmit, or otherwise make available through the Site any User Submission or other material that frames or mirrors any part of the Site.
- You will not use any robot, spider, search, or other manual or automatic process or device to retrieve, index, “scrape,” “data mine” or in any way gather the Site Content or reproduce or circumvent the navigational presentation of the Site, Site Content, User Submissions or other materials relating to the Site without our express prior written consent.
- You will not remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on the Site or any Site Content.
- You will not use automated means to upload to, or distribute or otherwise publish onto the Site any content.
- You agree not to use images or language in your User Submissions that abuse or discriminate on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.
- The Site will be used by you only in a noncommercial manner. Your User Submissions will not contain any solicitation of funds, advertising or solicitation for goods or services.
- You acknowledge that any User Submissions you make to the Site (i.e., user-generated content including but not limited to: text, video, photographs, as well as computer code) may be edited, modified, published, transmitted, and displayed by us and you waive any rights you may have in having the content altered or changed in a manner not agreeable to you.
- You are solely responsible for the content of your User Submissions. We reserve the right to delete, move, or edit User Submissions that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms, or otherwise unacceptable.
- By making a User Submission, you are consenting to its display and publication on the Site.
- We will acknowledge User Submissions made through our Site’s Contact Form and advise you whether or not your Submission will be posted to the Site.
You irrevocably release (on behalf of yourself and your successors, heirs, family members, and executors) us from any claim, known or unknown, of any nature that you have or may ever have based on any cause of action arising out of our use of your User Submission (including rights of publicity or privacy, copyright, trademark, moral rights, false light, defamation, false advertising, or intentional or negligent infliction of emotional distress). If you are a resident of California, you hereby irrevocably waive to the full extent permissible under applicable law, California Civil Code Section 1542 that states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you similarly waive rights under applicable law to the extent permissible
No Endorsement; No Obligation to Display User Submissions
We do not endorse any User Submission. We have no obligation to display or otherwise use any User Submission or to remove User Submissions but reserve the right to do so at any time. We are not responsible for any delay or failure to remove User Submissions that do not comply with these Terms. We reserve the right to restrict you from submitting User Submissions or from participating in the Site’s interactive features for any reason, including repeatedly submitting for consideration User Submissions that do not comply with these Terms.
Retention of User Submissions
User Submissions will be retained for a period of six (6) months whether or not they are posted to the Site.
Links to Other Websites
The Site may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
“Thomas Indicator Profile”, “FLEX Strategies”, and “Insight Change Model” and all related trademarks, service marks, logos, and other indicia of source belong to Jan Thomas. “CereCore” and all related trademarks, service marks, logos and other indices of source belong to CereCore Inc. You may use our Marks only with our prior written consent.
No Warranties and Disclaimer of Liability
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU USE AND RELY ON THE SITE SOLELY AT YOUR OWN RISK. USER SUBMISSIONS EXPRESS THE VIEWS AND OPINIONS OF ITS AUTHORS WHO ARE SOLELY RESPONSIBLE FOR THEIR USER CONTENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OF THE SITE OR ANY SITE CONTENT, INCLUDING USER SUBMISSIONS, AND WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT AND OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED). ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT ANY HARMFUL ELEMENT ON THE SITE, WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT ARE FREE FROM, AND WE ARE LIABLE FOR HARM CAUSED BY, SUCH ELEMENTS.
WE (AND OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, INTERNS, CONTRACTORS, LICENSEES, AFFILIATES AND REPRESENTATIVES) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE BASED ON LOSS, PERSONAL INJURY, OR DEATH BECAUSE OF YOUR USE OF (OR INABILITY TO USE) THE SITE. WE WILL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE. ANY CLAIM RELATING TO YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. UNDER NO CIRCUMSTANCES WILL WE (OR OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SITE IN ANY MANNER REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify us (and our directors, officers, managers, employees, interns, contractors, licensees, affiliates and representatives) against any liabilities, losses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or breach of the Terms; (b) any allegation that your User Submission infringes any copyright, trademark, trade secret or other intellectual property or violates other rights of any third party or any law; or (c) your activities in connection with the Site or any services related to the Site. An indemnified party may, at its expense, assume the exclusive defense and control of any matter for which it is entitled to indemnification, and you agree to provide cooperation it reasonably requests.
Notice and Procedure For Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Site.
- Your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notices of claimed copyright infringement should be directed to:
- By email: firstname.lastname@example.org
- By mail: CereCore Inc, PO Box 3544, Bellevue, WA 98009
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. We encourage you to review these Terms periodically. Your continued use of the Site after modified Terms have been posted constitutes your agreement to the modified Terms.
If you have any questions about these Terms, please contact:
CereCore Inc., PO Box 3544, Bellevue, WA 98009