Last Updated: March 16, 2020
Last Updated: March 16, 2020
You are responsible for compliance with local laws which apply at your point of access. We make no representation that the information contained on the Digital Platform, including without limitation, surveys, insights, learning materials, evaluations, personality assessments and any other features that are currently available or may be added in the future (the “Content”) or your access to such Content is appropriate for you. You are using it at your own risk. For example, results from following any “Tips” provided on the Digital Platform may vary by individual and are dependent on a variety of factors that are beyond vivovii’s control. As such, we cannot make any representation or warranty to you that by following the “Tips” or any other Content on the Digital Platform, you are guaranteed to achieve the intended result.
We may, at any time, and without notice or liability, change, suspend, discontinue or even terminate any aspect, or the availability, of any Content on the Digital Platform or impose limits on certain features, including restricting your access to all or parts of the Digital Platform. In the event of termination, you will destroy all materials you have downloaded or copied from the Digital Platform.
The Content of the Digital Platform is either owned by vivovii or is licensed to vivovii from a third party. While we are allowing you access to the Digital Platform, you acknowledge that your use of the Content is governed by applicable copyright, trademark or other intellectual property laws. You also agree that the Content of the Digital Platform may not be copied or scraped for commercial use or distribution, or modified or posted to other digital platforms, including without limitation, other websites or apps, without our prior consent. We do not grant any express or implied right to you to any of the Content of the Digital Platform under any intellectual property laws including, without limitation, patent, copyright or trademark, or otherwise. Your unauthorized use of the Digital Platform or the Content may violate applicable laws and we reserve all rights to pursue any remedy we may choose.
Your Profile Information and Account
You are entitled to personalized access to the Digital Platform if your employer has entered into an agreement with vivovii with respect to such access.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying vivovii immediately by emailing our Customer Service at firstname.lastname@example.org.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that email address, as appropriate.
Should you request to delete your Account, your Account will be fully deleted and will not be accessible for reactivation.
You are prohibited from violating or attempting to violate the security of the Digital Platform, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Digital Platform, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability.
You are prohibited from posting to the Digital Platform or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law.
We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Use of Feedback & Non-Solicitation Policy
The sender of any communications to the Digital Platform or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness and accuracy.
We may ask for your feedback from time-to-time about our service or you may choose to provide us with your unsolicited feedback or suggestions for improvements to our service (collectively, “Feedback”). Please note that we shall be free to use or copy all or a portion of any Feedback you post on the Digital Platform or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
Third Party Digital Platforms & Materials
No Warranties / Limitation of Liability
The Digital Platform is provided on an “as is” and “as available” basis and you are using it at your own risk. We make no representations or warranties, express or implied, about the Digital Platform or its Content including, without limitation: any warranties as to the operation, availability or stability of the Digital Platform; any warranties as to the accuracy, completeness or timeliness of its Content, including without limitation, whether you will achieve the intended outcome by following any “Tips” made available on the Digital Platform; any warranties as to the merchantability or fitness of any such information or Content for any particular purpose; or any warranties as to non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such Content from the Digital Platform to you. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted under applicable laws.
In accessing the Digital Platform, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access the Digital Platform in respect of any such potential risks.
In no event will we be liable to you or any other person or entity for any kind of loss, damages or injury arising directly or indirectly out of the use or unavailability of the Digital Platform, even if we have been advised by you of the possibility of such loss, damages or injury.
The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.