Terms of Use

Terms of Use For The Examine Application

Welcome to the Headington Institute (“HEADINGTON” or “we” or “us”) Examine mobile application (the “App”).

Please review the following terms and conditions concerning your use of and access to the App.  By accessing, using and/or downloading any materials or content from the App, you agree to follow and be bound by these terms and conditions (these “Terms”).  If you do not agree with these Terms, you may not use the App.

GENERAL PROVISIONS

Acceptance of Apple End User License Agreement (EULA): By downloading or otherwise using the App through or in connection with any Apple devices, you are agreeing to and accepting the standard Apple EULA published through the Apple iTunes Store and available at http://www.apple.com/legal/itunes/appstore/dev/stdeula/.   Please follow this link and review the Apple EULA.  If you do not agree to and accept the terms of the Apple EULA, you may not use the App.

Content, Specifications and Accuracy of Information: We attempt to ensure that information on this App is complete, accurate and current. Despite our efforts, the information on this App may be inaccurate, incomplete or out of date.  We make no representation as to the completeness, accuracy or currentness of any information on this App.

We provide content as an informational resource only.  We do not and are not providing any medical, educational, professional or consulting services or advice.   Information provided by or through the App should not be used or relied on in place of consultation with professional advisors or medical advisors.  We attempt to provide accurate information, however, we do not make any representations as to the accuracy, completeness or applicability of the information provided and we do not take any liability for your use of this information.  Please contact your professional advisors to determine how this information may apply to you, and please contact your medical professional, educational professional or other professionals before taking any action based on the information provided.

All features, content, specifications, services, and prices described or depicted on this App are subject to change at any time without notice.

Use of App Content: All materials provided on the App, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by HEADINGTON or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of HEADINGTON and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise.  Except as stated herein, none of the Materials may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of HEADINGTON and/or a Third Party Provider.  Also, you may not “mirror” or “archive” any Materials contained on the App on any other server without HEADINGTON’s prior express written permission.

Except where expressly provided otherwise by HEADINGTON, nothing on the App shall be construed to confer any license or ownership right in or to the Materials, under any of HEADINGTON’s intellectual property rights, whether by estoppel, implication, or otherwise.  You acknowledge sole responsibility for obtaining any such licenses.  Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by HEADINGTON.  HEADINGTON does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by HEADINGTON.

Any unauthorized use of any Materials contained on the App may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.  It is your obligation to comply with all applicable state, federal and international laws.  You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Termination:  You or we may suspend or terminate your account or your use of this App at any time, for any reason or for no reason. You are personally liable for any charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this App at any time without notice.

Use of App: By using the App and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.  In connection with such use, you agree that:

a. You are responsible for maintaining the confidentiality of any information associated with application, blog, or website you use to access our Resources.  Accordingly, you are responsible for all activities that occur under your account/s, including but not limited to:

  1. Maintaining the privacy of content saved on your device.
  2. Accepting responsibility for any loss of privacy due to any user error of the email functionality or unauthorized access, disclosure, use or tampering that may occur during email transmission.

b. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

c. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

d. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

e. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

f. We may provide various open communication tools, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc.  You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.  By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  3. Contains any type of unauthorized or unsolicited advertising; or
  4. Impersonates any person or entity, including any https://examineapp.wordpress.com/ employees or representatives.

LINKS TO THIRD PARTY SITES

The App may contain links or have references to Apps controlled by parties other than HEADINGTON.  HEADINGTON is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party Apps. HEADINGTON is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HEADINGTON of the linked App and/or the content and materials found at the linked App, except as specifically stated otherwise by HEADINGTON.  It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

SUBMISSIONS

Except where expressly provided otherwise by HEADINGTON, all comments, feedback, information and data submitted to HEADINGTON through, in association with or in regard to the App and/or any other HEADINGTON goods or services (“Submissions”) shall be considered non-confidential and HEADINGTON’s property.  This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method HEADINGTON sees fit and make compilations and derivative works thereof in all media now known or hereafter devised.  Except as expressly enumerated in the preceding sentence, by providing such Submissions to HEADINGTON, you agree to assign to HEADINGTON, as consideration in exchange for the use of the App, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant HEADINGTON these rights.  HEADINGTON shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not HEADINGTON, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b)  bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity

HEADINGTON reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including the App. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law.  You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18).  If you do so, HEADINGTON reserves the right to cancel or suspend your account.  Furthermore, HEADINGTON reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using HEADINGTON for improper purposes, or any purpose inconsistent with its business.

CHILDREN

HEADINGTON does not accept Submissions from persons under the age of 14 (“Child” or “Children”).  Furthermore, HEADINGTON does not accept any user who is a Child.  You are ineligible to use this App if you are under the age of 14.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HEADINGTON EXCEED $1,000.00. IN NO EVENT SHALL HEADINGTON OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer, telecommunication equipment, or other property and/or FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE accessing or USE of, OR INABILITY TO USE, THE APP AND THE SERVICES ASSOCIATED THEREWITH including but not limited to the downloading of any materials, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

LICENSES FROM HEADINGTON

You are being granted solely a revocable, limited license, in compliance with these terms.

LICENSES FROM YOU

You grant to HEADINGTON and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to HEADINGTON by you in the course of accessing and/or using the App.  Notwithstanding the foregoing, HEADINGTON’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy available at www.examineapp@wordpress.com. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into these Terms.  HEADINGTON warrants that it will provide the App and any services in a manner consistent with its business practices, as HEADINGTON, in its sole and absolute discretion, deems fit.  To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms their behalf.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HEADINGTON, THE MATERIALS ON THE APP ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN.  EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, HEADINGTON AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE APP, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. HEADINGTON AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE App and the GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE APP, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE APP AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HEADINGTON AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE APP OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE APP WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER HEADINGTON NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APP AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. HEADINGTON IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HEADINGTON, THE APP AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS.  HEADINGTON EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE APP.  YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

INDEMNITIES

You shall defend and indemnify HEADINGTON and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against HEADINGTON or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. HEADINGTON shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the App and/or the goods, services or Materials associated with the App other than in accordance with these Terms; (b) the combination of the App and/or the goods, services or Materials associated with the App with any other products, services, or materials; or (c) any third party products, services, or materials.

YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the App, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which HEADINGTON controls and operates the App and services associated therewith.  Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

NOTICES

HEADINGTON may give notice by means of a general notice on or update to the App.

MISCELLANEOUS PROVISIONS

Any action related to these Terms will be governed by California law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the App shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California and to arbitration as stated herein. At the request of HEADINGTON, any controversy or claim related to these Terms (“Claim”) may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”).  The Act will apply even though these Terms provide that it is governed by the laws of California.  Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s).  In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control.  The arbitration shall be administered by JAMS and conducted in Los Angeles County, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of HEADINGTON, the Claims shall be decided by three arbitrators.  All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing.  However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award.  The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced.  The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis.  For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit.  Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s).  The arbitrator(s) shall have the power to award legal fees pursuant to the terms of these Terms.  This paragraph does not limit the right of HEADINGTON to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies.  In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys’ fees.

These Terms represent the parties’ entire understanding relating to the use of the App and supersedes any prior or contemporaneous, conflicting or additional, communications. HEADINGTON reserves the right to change these Terms or its policies relating to the App at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you.  Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on the App, which may be posted from time to time.  Your continued use of the App after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between HEADINGTON and you as a result of these Terms or use of the App. You may not assign these Terms without the prior written approval of HEADINGTON. Any purported assignment in violation of this section shall be void. HEADINGTON reserves the right to use Third Party Providers in the provision of the App and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by HEADINGTON.

INTELLECTUAL PROPERTY NOTICES

Elements of the App are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the App may be copied or retransmitted unless expressly permitted by HEADINGTON.

Copyright © Headington Institute  All rights reserved.

LEGAL CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact us at info@headington-institute.org.

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