Terms
Terms of use
Effective Date: November 16, 2020
By clicking 'I Accept,' or by accessing or otherwise using The Brown Work-life Vitality Assessment website, you agree to be bound by these The Brown Work-life Vitality Assessment website Terms of Use ("Terms of Use") as of the first day you click “I accept” ("Registration Date"). You must be at least sixteen (16) years old to use the site.
1. The Brown Work-life Vitality Assessment Website
The Brown Work-life Vitality Assessment website is provided by physicianleaders.coach, a Massachusetts LLC. By entering authenticating to this website, you will be able to complete The Brown Work-life Vitality Assessment ("Assessment") and you may have access to The Brown Work-life Vitality Assessment reports. Each Brown Work-life Vitality Assessment account may only be used by a single user through a unique passcode. Subject to these Terms of Use site the Company shall grant you access to the content, features, and functionality made available on the The Brown Work-life Vitality Assessment.
2. Fees & Payment Terms
There may be fees and payments associate with the use of The Brown Work-life Vitality Assessment website. If any payments are disputed, retracted, revoked, or otherwise withdrawn, the Company may, without limiting its other rights and remedies, suspend your access to The Brown Work-life Vitality Assessment until such amounts are paid in full.
3. Brown Work-life Vitality Assessment Data & Privacy
In order to deliver the Assessment and Reports, the Company must collect personal information. As someone who complete the survey, you will only have a passcode so the Company it attempting to not have enough information to identify you. In the free text portion of the assessment, you should avoid providing additional information such your name, address, social security number, or other information that can identify you to the Company. At all times, including while your The Brown Work-life Vitality Assessment account remains active or inactive and thereafter, the Company reserves the right to retain all data generated via The Brown Work-life Vitality Assessment in non-personally identifiable format for the Company's research, product development, and other business purposes.
The Brown Work-life Vitality Assessment site routinely shares data with the coaches who register their clients to take the survey. By using this site, you are giving your applied approval for physicianleaders.coach to release your data to the person (presumably your coach) who registered you to take this assessment. You recognize that the way this process works, physicianleaders.coach will give the results to someone other than you even though you completed the assessment. You recognize that there is some risk in physicianleaders.coach giving your data to someone other than you, and you agree that you will not hold physicianleaders.coach responsible for how the entity to which physicianleaders.coach releases the data manages the confidentiality and privacy of your data.
5. Your Responsibilities
The Company makes The Brown Work-life Vitality Assessment available on a 'one-user-per-account' basis. You may not share your The Brown Work-life Vitality Assessment account or your Brown Work-life Vitality Assessment passcode with anyone else. You shall use your best efforts to prevent unauthorized access to or use of your The Brown Work-life Vitality Assessment account and shall notify the Company immediately upon discovery of any unauthorized access or use. You shall not sell, resell, rent, or lease your access to The Brown Work-life Vitality Assessment or offer the Assessment to any third party. You shall not use The Brown Work-life Vitality Assessment to store or transmit any infringing, libelous, or otherwise unlawful or tortious material. You shall not use The Brown Work-life Vitality Assessment to store or transmit malicious code or software that will impair the functionality of The Brown Work-life Vitality Assessment or other websites or devices, or otherwise access The Brown Work-life Vitality Assessment in a manner not specifically authorized by these Terms of Use. You shall not interfere with or disrupt the performance of The Brown Work-life Vitality Assessment or attempt to gain unauthorized access to The Brown Work-life Vitality Assessment for yourself or for others. You shall not copy, frame, or mirror any part of the site or any content made available on it. You shall not reverse-engineer The Brown Work-life Vitality Assessment, any Report, or the scoring thereto. You shall not access The Brown Work-life Vitality Assessment in order to build a competitive product or service or to copy any features, functions, scoring, or content made available on the site. You shall not remove any copyright, patent, trademark, design right, trade secret, or any other proprietary rights notices from any part of the site or the materials made available on the site.
6. Downtime & Availability
The Company will use commercially reasonable efforts to make The Brown Work-life Vitality Assessment available at all times except for planned downtime and unavailability caused by circumstances beyond the Company's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures or Internet service provider failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability of The Brown Work-life Vitality Assessment. You agree that any payment of fees relating to your use of The Brown Work-life Vitality Assessment that you might have made are not contingent upon the delivery of any additional functionality or any additional support from the Company.
The Company reserves the right to make The Brown Work-life Vitality Assessment unavailable, either temporarily or permanently, by providing written notice to you via the site.
7. Intellectual Property
Your use of The Brown Work-life Vitality Assessment involves the Company's intellectual property, and your use of that intellectual property is governed by these Terms of Use. You acknowledge and agree that the Company is the sole and exclusive owner of all The Brown Work-life Vitality Assessment content (and their accompanying intellectual property rights). The Company reserves all right, title, and interest in and to The Brown Work-life Vitality Assessment content, including all intellectual property rights. Your limited license to use The Brown Work-life Vitality Assessment content is expressly limited by these Terms of Use.
The Brown Work-life Vitality Assessment may provide you with a Report directly or through the coach who registered you to use this system. You may view your Report or any report, but only for your personal, non-commercial use. You agree not to infringe any of the Company's intellectual property rights in any content licensed to you. This limited license that the Company grants to you is non-exclusive, non-transferable, and non-sublicensable, and expires when your The Brown Work-life Vitality Assessment account terminates. You may not alter or modify any The Brown Work-life Vitality Assessment content. You may not distribute any The Brown Work-life Vitality Assessment content in any manner not specifically anticipated by these Terms of Use. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any The Brown Work-life Vitality Assessment.
The site may allow you to provide written feedback on one or more aspects of the site. If you choose to provide such feedback, the Company may (but is not obligated to) use such feedback to alter or improve the site and its associated functionality. The Company has no duty to view or use any feedback you provide, nor to attribute any feedback to you. You will not be compensated for any feedback you submit.
8. Term & Termination
Your use of The Brown Work-life Vitality Assessment shall be governed by these Terms of Use starting on your Registration Date.
If the Company routinely terminate access to the The Brown Work-life Vitality Assessment after data has been submitted. The company also reserves the right to terminate passcodes at any time, and it routinely eliminates passcodes that appear to not be in use. Such termination by the Company are done without notice.
The Company also reserves the right to delete data as it sees fit. Since the Company does not know the identity of any of the users who complete the survey, it cannot comply with a request to delete or maintain data that a user claims to belong to them.
If your account is deleted or your passcode is deleted, then you will lose all access to The Brown Work-life Vitality Assessment and your The Brown Work-life Vitality Assessment account data.
9. Miscellaneous
You agree to defend and indemnify the Company, its officers, directors, employees, and assigns against any claims, damages, losses, costs, or liabilities of any kind (including reasonable attorneys' fees) arising out of or in connection with any actual or alleged breach of these Terms of Use, or in connection with any third-party suits or claims alleging matters which, if true, would constitute a breach of these Terms of Use.
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY'S LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS OF USE.
THE SITE AND ITS ASSOCIATED FUNCTIONALITY ARE PROVIDED "AS-IS." THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS FUNCTIONALITY, INCLUDING ANY REPRESENTATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties; we are independent contractors. Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under shall be in writing. Notices to the Company shall be addressed using the information made available under the "Contact Us" portion of the site. All notices to you shall be addressed to the most recent contact information that you have provided to us. No failure or delay by the Company in exercising any right under these Terms of Use shall constitute a waiver of that right. Other than as expressly stated herein, the Company's remedies provided herein are in addition to, and not exclusive of, any other remedies at law or in equity. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of use shall remain in effect. You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of the Company. These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed by the laws of the applicable entity of physicianleaders.coach who owns all rights to the Brown Work-life Vitality Assessment website, and the place of performance of the contract is the country of incorporation of that entity. These Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. Any provisions of these Terms of Use that by their nature would survive shall survive any termination or expiration of these Terms of Use or termination or expiration of your The Brown Work-life Vitality Assessment account. The Company may update these Terms of Use at any time for any reason by providing written notification to you via the site.
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