NeuroColor, LLC (“we”, “us”, “our” or the “Company”) operates the site located at www.neurocolor.com (the “Site”) providing, among other services, personality assessment surveys that produce data results we evaluate using proprietary algorithms to create an interpretation based on the results (the “Services”).
Applicability
By accessing and using the Site, or any portion of the Site, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Site. If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site are also posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.
Use of the Site
The Company grants you permission to use the Site for your personal, non-commercial purposes. Your use of the Site is further limited as follows: You agree not to use the Site for unlawful purposes, and you agree to comply with all applicable laws, rules and regulations while using the Site.
You agree not to use the Site for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.
You agree not to collect or use any information or other data available via the Site inappropriately.
You may not distribute, modify, copy (except as set forth in these Terms of Use), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site or any contents of the Site, such as text, graphics, images, and other material contained on the Site (“Content”), except as specifically authorized in the Terms of Use, without the Company’s written permission.
You agree not to use the Site to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree not to use the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to the Site.
You agree not to incorporate any code into the code of the Site or to use the Site to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or any user of the Site.
You agree not to use the Site in conjunction with any screen scraping software.
You agree not to restrict or inhibit any other person from use of the Site. You agree not to interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.
You agree not to use the Site to harvest or collect personally identifiable information about users of the Site.
You agree not to use the Site to disrespect the privacy or views of others.
You agree not to use the Site to impersonate another person or supply false information about yourself or another person.
You agree not to allow any other person or entity to use your identification to post or view comments, or to otherwise access or use the Site.
You agree not to post material on the Site that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.
User Representation
You represent and warrant that you are at least 13 years of age or older. If you are age 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian. If you are age 13 or older but under the age of 18, your parent or guardian must understand and agree with these Terms of Use and consent to your use of this Site in accordance with these Terms of Use.
Changes in Terms of Use
We reserve the right to modify these Terms of Use at any time. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is noted at the end of these Terms of Use.
License to Use
We grant you a limited, personal, non-exclusive, non-transferable license to use our Content for your own personal, non-commercial use. Except as expressly provided in these Terms of Use or otherwise by our express written consent, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner. You shall not remove any copyright notice from any Content.
Intellectual Property
The Site, the Content and the Services are protected by U.S. and international copyright, trademark and other laws, and belong to the Company or its partners, affiliates, contributors or licensors. This protection includes the use of the trademark name “NeuroColor” and the NeuroColor logo. The use or misuse of the Content, except as provided in these Terms of Use or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited. You may use the Site, the Content and the Services solely for your personal, non-commercial use as follows: You may print copies of the information on the Site for your personal, non-commercial use, store the files on your computer for personal, noncommercial use, or reference this server from your own documents. You may not otherwise copy, distribute or display any Content without express written consent from the Company. Subject to the limited license granted herein, we reserve all right, title and interest in all Content. If any portion of the Terms of Use is violated, the limited license for your usage of this Site is revoked, and all Content in your possession must be deleted or destroyed.
With the exception of the personal, noncommercial use described above, no Content or Service may be reverse-engineered, decompiled, disassembled, reproduced, retransmitted in any form or by any means (electrical, mechanical, photo reproduction, recordation or otherwise), stored in a retrieval system, translated into a computer language or other language, transcribed, resold, or redistributed without our prior express written consent.
DISCLAIMER OF WARRANTIES
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE CONTENT AND THE SERVICES. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE CONTENT OR THE SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE CONTENT, AND THE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT OR SERVICES, OR THAT ANY ERRORS IN THE CONTENT OR SERVICES WILL BE CORRECTED. THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, GOVERNORS OR DIRECTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT, OR THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, THE SERVICES, OR THE TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE COMPANY IS NOT LIABLE TO ANY USER OR PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION, CONTENT DISPLAYED, OR SERVICES PROVIDED IN OR IN CONNECTION WITH THIS SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, AND ITS LIABILITY TO YOU SHALL, IN NO EVENT, EXCEED $500.00
ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TERMS OF USE, THE PRIVACY POLICY, THIS SITE, THE SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site and for your use of the Content and the Services. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliated companies, joint venturers, business partners, providers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of or inability to use the Site, the Content or the Services, any violation by you of these Terms of Use.
Errors and Inaccuracies
The information in the Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Links to Third Party Sites
As a convenience to Site users, we may provide hypertext links to third party sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the Company of the third party, the third-party site, or the information contained therein. You acknowledge and agree that the Company is not responsible for the availability of any such site, and that the Company does not endorse or warrant, and is not responsible or liable for, any such site, its content, its privacy policy or practices, or the acts or omissions of its operators.
Advertisements
We may display ads from third parties on this Site. Such ads do not constitute or imply an endorsement, sponsorship, or recommendation by the Company of the third party, the third-party ad, or the information contained therein. You acknowledge and agree that the Company is not responsible for the availability of any product, service, site, or anything displayed in the ad, and that the Company does not endorse or warrant, and is not responsible or liable for, any such ad, its content, or the privacy policy, practices, and acts or omissions of the third party associated with the ad.
Geographic Limitations on Use
Like most Internet sites, this Site is accessible worldwide. However, not all products or Services are available to all persons or in all geographic locations. The Company reserves the right to limit the provision of its products and Services to any person, geographic area, or jurisdiction. Any Services identified on the Site is only available where the Company, or any other entity offering the products or Services on the Site, is licensed or authorized to do business. Please consult the Company directly for information regarding the products and Services that may be available to you in your area. This Site is not intended for use outside the United States of America. You agree to comply with all applicable laws and local rules or restrictions relating to this Site.
Personal Information and Privacy Policy
The Company may monitor, record, collect and use for any lawful purpose information generated through your use of the Site. The Company’s collection and use of such information is described in our Privacy Policy. Your obligations under these Terms of Use are in no way conditioned on the Company’s compliance with the terms of the Privacy Policy.
User Supplied Material
If you supply any comments, information or material via the Site, you guarantee to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. You further agree that all information or material you supply to us through the Site, including business information, ideas, concepts, or inventions, shall be deemed and shall remain our property, and you hereby assign to the Company all right, title, and interest in and to any such information or material, without any restriction or obligation to you.
Registration and Account-Holder Obligations
Users of this Site may choose to set up an account to access certain functionality of the Site. Users will be asked to supply personally identifiable information when opening an account. Failure to comply with these Terms of Use could result in the termination of the user’s account.
COPPA Compliance
In compliance with the Children’s Online Privacy Protection Act (“COPPA”) the Company does not knowingly allow access to the Site, Content or Services to persons under age 13. If you are under age 13, you are not authorized to post any personal information about yourself to the Site or provide any personal information about yourself to Company. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that the Company might have any information from a child under age 13, please contact us at the address set forth below in the “General Contact Information” section.
Your Suggestions
We appreciate your feedback or other suggestions about the Site, the Content and the Services, but you understand that we may use your feedback or other suggestions without any obligation to compensate you for them.
International Users
The Site is controlled and operated within the United States. If you are a user of the Site outside the United States, you consent to having your personal data transferred to and processed in the United States. The Company makes no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.
General Provisions
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site, the Content and the Services. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. You irrevocably and unconditionally agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, the Content or the Services shall be filed only in a state or federal court located in Hennepin County, Minnesota. You hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action. Each party agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Site, the Content and the Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Use. To review our Privacy Policy, click here.
These Terms of Use shall not be modified except as otherwise set forth herein. You may not transfer any of your rights or obligations under these Terms of Use to any third party without the prior written consent of the Company.
All of our rights and obligations under these Terms of Use are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms of Use do not confer any third party beneficiary rights. No waiver of any term, provision or condition of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that you will take such further action that may be necessary or appropriate to effectuate the purposes of these Terms of Use.
General Contact Information
If you have any questions about these Terms of Use, the Site, the Content or the Services, you may contact us by:
a. sending an email to: privacy (AT) neurocolor (DOT) com.
DATE OF LAST MODIFICATION: June 30, 2015
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