1. Site. The Company owns and operates a website commonly known as "TokenEconomy.com" (the "Site").
2. User. A "User", as such term used in this Agreement, shall include the following:
(a) Participant. A "Participant" is an individual who uses the Site, or an individual on behalf of whom others use the Site, to record and track certain of his or her daily behaviors and actions.
(b) Family Member. A "Family Member" is a parent, guardian or other family member of a Participant who uses the Site to either input information on behalf of the Participant, or monitor information input on the Site independently by the Participant.
(c) Professional. A "Professional" is a psychiatrist, psychologist, social worker, therapist or other health care provider of one or more Participants who uses the Site to either input information on behalf of the Participants, or monitor information input on the Site independently by the Participants.
(d) Institution. An "Institution" is an educational institution or facility that uses the Site to either input information on behalf of the Participants, or monitor information input on the Site independently by the Participants.
Professionals who use the Site are cautioned not to upload PII of their patients on the Site, as the Site is not HIPAA compliant.
3. Service. The Site offers Users the opportunity to select a group of behaviors and/or actions of a Participant to be tracked on the Site for the purpose allowing the Participant to earn reward points that can be redeemed (the "Service"). Participants and their respective Family Members, Professionals and/or Institutions, as the case may be, are solely responsible for setting the goals of the Participants, the reward point structure, the redemption of points in exchange for rewards. The Company itself does not provide any rewards. Rather, the Company simply offers the Service on its Site for Users' use in accordance with the terms and conditions of this Agreement.
4. Non-Commercial Use by Users. The Service is solely for the personal use of Participants and their respective Family Members, Professionals and Institutions, as applicable, and it may not be used by any User connection with his, her or its promotion of any commercial endeavors. Illegal and/or unauthorized uses of the Service or the Site, including the collecting or attempted collecting of any User's PII by electronic or other means for any purpose may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of the Company, which may be revoked at any time, for any reason, in the Company's sole discretion.
5. Bona Fide Use. Users of the Site will submit only true and correct PII. In addition, your use of the Site must be for the bona fide purpose of receiving the Service.
6. YOUR INTERACTIONS WITH THIRD PARTY PROVIDERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THIRD PARTY PROVIDERS. YOU UNDERSTAND THAT ALTHOUGH THE COMPANY MAY, FROM TIME TO TIME, ENGAGE A THIRD PARTY VENDOR TO INQUIRE INTO THE BACKGROUNDS OF SUCH THIRD PARTY PROVIDERS, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR QUALIFIATIONS OF SUCH THIRD PARTY PROVIDERS, THE CONDUCT OF THIRD PARTY PROVIDERS, THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS, OR THE QUALITY OF ANY GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDERS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF ANY THIRD PARTY PROVIDER, OR ANY GOODS OR SERVICES OF ANY THIRD PARTY PROVIDERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH THIRD PARTY PROVIDERS. YOU UNDERSTAND THAT THE COMPANY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OR APPROPRIATENESS OF ANY OF THE GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDER TO ANY USER.
7. Content on TokenEconomy.com
(a) Proprietary Rights. The Company owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company and certain Third Party Providers. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Site (including, without limitation, from Third Party Providers) are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on or through the Site, including, without limitation, any of the same made by a Third Party Provider. Under no circumstances will the Company or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on or available through the Site.
8. Representations, Warranties and Covenants of User. Each User hereby represents, warrants and covenants to the Company as follows:
(a) All PII posted shall be true and correct. If any such PII shall no longer be true and correct, it shall be the User's responsibility to update the same with true and correct PII.
(c) You acknowledge that the Company does not accept onto the Site any submission of a User that: (i) contains libelous, indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by the Company, in its sole discretion), or any illegal subject matter or activities; (ii) violates any law or regulation governing false or deceptive advertising, comparative advertising or trade disparagement; (iii) contains any misrepresentation, or content that is defamatory or violates any rights of privacy or publicity; (iv) infringes on any copyright, trademark, patent or other proprietary right, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (v) contains any "worm", "virus" or other device that could impair or injure any person or entity; (vi) harasses or advocates harassment of another person; (vii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming;" (viii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (ix) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (xi) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes (collectively referred to as the "Prohibited Content"). You shall not post any Prohibited Content anywhere on the Site.
(d) You are solely responsible for any and all legal liability arising out of or relating to your breach of any term or condition set forth in this Agreement, including, without limitation, your posting of Prohibited Content anywhere on the Site. You hereby agrees to indemnify, defend and hold harmless the Company and its officers, other Users, directors, agents, employees and independent contractors from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (i) for libel, defamation, violation of right of privacy or publicity, breach of contract, copyright infringement, trademark infringement or other infringement of any third party, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with your use of the Site; (b) arising out of any breach by you of any representation, warranty or covenant under this Agreement; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from a posting made by you on the Site.
(e) The User shall indemnify, defend and hold the Company harmless from and against damages to the Company arising from any breach by the User of this Agreement, and/or any misuse of the Site and/or the Service by the User.
9. NO WARRANTIES; LIMITATION OF LIABILITY. THE SERVICE IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH REGARD TO THE SITE OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, THE SERVICE, THE COMPANY MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE AVAILABILITY OR ACCESSABILITY OF THE SITE OR THE SERVICE AT ANY TIME. THE COMPANY DOES NOT WARRANT THAT INFORMATION DERIVED FROM THE SITE, DIRECTLY OR INDIRECTLY, WILL FULFILL ANY USER'S PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THE SITE AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY AND ALL RISKS ASSOCIATED WITH INTERACTIONS WITH ANY THIRD PARTY PROVIDER) SHALL BE AT EACH USER'S OWN DISCRETION AND SOLE RISK. EACH USER ACKNOWLEDGES AND AGREES THAT ANY DATA UPLOADED TO THE SITE MAY BE IRRETRIEVABLY LOST, EITHER DUE TO SITE OUTAGES, THE SHUT-DOWN OF THE SITE, EQUIPMENT FAILURES, NATURAL OR MAN-MADE DISASTERS, OR ANY OTHER CAUSE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY SUCH LOSS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM OR THROUGH THE SITE. THE COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST REVENUE, LOST PROFITS, OR ANY CLAIM OR DEMAND AGAINST ANY USER BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, REGARDLESS OF FORESEEABILITY AND EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN ADDITION TO THE FOREGOING AND OTHER PROVISIONS OF THIS AGREEMENT, ANY ADVICE THAT MAY BE POSTED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE.
10. Links. The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, goods, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, advertising, products, goods or services available on or through any such site or resource.
12. Modifications. The Company may modify this Agreement at any time, and without prior notice, by posting amended terms on the Site. Your continued use of the Site indicates your acceptance of the amended Agreement.
13. Eligibility. You must be at least 18 years of age use to register yourself as a User or use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
14. Refusal of Service. The Company may prohibit any party to use the Site, or any reason whatsoever or for no reason.
15. Disclosure By Law. You acknowledge and agree that the Company may disclose information you provide (including, without limitation, PII) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if the Company, in its sole discretion, believes that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend the Company's, or a third party's rights or property; or (iii) protect someone's health or safety, such as when harm, violence or abuse against any person (including the User) is threatened.
16. Termination. You acknowledge and agree that the Company may, with or without cause, immediately terminate your access to the Site without prior notice. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your access. Reasons for termination shall include, without limitation, (i) breaches or violations of this Agreement the Company's policies as may be in effect from time to time, (ii) requests by any governmental agency, (iii) technical problems, and (iv) extended periods of a User's inactivity. The Company may terminate your use by sending notice to you at the email address you provide in your registration with the Site, or such other email address as you may later provide to the Company. All decisions regarding the termination of your access shall be made in the sole discretion of the Company. Even after your access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
17. Blocking of IP Addresses. In order to protect the integrity of the Site, the Company reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.
19. Activity Monitoring. Although the Company has the right to monitor activity and content associated with the Site, the Company is under no obligation to do so.
20. Governing Law and Jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to the conflicts of law provisions of such State. The parties agree that federal and state courts having located within or having jurisdiction over Dade County, State of Florida, shall have exclusive jurisdiction over disputes arising hereunder, and all Users waive any defense of personal or subject matter jurisdiction in those courts.
21. Severability. Invalidation of any one of the covenants or terms of hereof, by judgment of a court, shall not affect any of the other provisions of hereof which shall remain in full force and effect.
22. No Waiver. No waiver of any breach of any provision of this Agreement by the Company shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the Company.
23. Entire Agreement. This Agreement contains the entire agreement between you and the Company regarding the use of the Site.
Please contact us at info@TokenEconomy.com with any questions regarding this Agreement.