|
1.1 All content provided on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Gail M. Wagnild and/or Heather M. Young, except as otherwise noted. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Gail M. Wagnild (hereinafter referred to as the Owner). RESILIENCESCALE.COM™ is a trademark of Gail M. Wagnild. The Resilience Scale™ is a trademark of Gail M. Wagnild and Heather M. Young. All other trademarks appearing on the Site are the property of their respective owners.1.2 You will, upon completion of any study or dissertation in which you used The Resilience Scale, send an electronic copy of your results to gwagnild@resiliencescale.com or if you are unable to send your results electronically, send your paper results to: Castle Butte Consulting, Inc., Box 279, Worden, MT 59088 USA. By sending this report to us, you give us implicit permission to publish it on this Web site and to use your results for statistical purposes. Unless you specifically request that we do not publish your report, we will publish it (or not) at our discretion. If, however, you do not want your report published on this Web site, and you indicate this in your submission, then we will not publish your report, although we reserve the right to include your results in later statistical studies on the Resilience Scale. 1.3 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site except as set forth in the Terms of Use. You will download copyrighted content solely for your non-commercial use, but will make no commercial use of the content without the express written permission of the Owner. You will not make any changes to any content that you are permitted to download under this Agreement without the express written permission of the Owner, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content. 2. Disclaimer of Warranties & Limitation of Liability 2.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER THE OWNER, NOR ANY OF HER AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DOES SHE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE. 2.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OWNER, HEATHER M. YOUNG, OR ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GAIL M. WAGNILD AND HEATHER M. YOUNG (AND ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. 3. Indemnification You agree to defend, indemnify and hold harmless Gail M. Wagnild and Heather M. Young (and any of their affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. Gail M. Wagnild and Heather M. Young reserve the right, in their sole discretion and at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defence of any claim. 4. Fees and Payments The Owner reserves the right, in her sole discretion, at any time to charge fees for access to and use of the Site, or any portions of the Site. If the Owner elects to charge fees, she will post notice on the Site of all provisions pertaining to fees and payments. 5. Notices between Us You will contact us by submitting your message via e-mail to gwagnild@resiliencescale.com. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Site. 6. Termination The Owner may terminate this Agreement and your use of the Site at any time. The Owner shall have the right immediately to terminate your use of the Site in the event of any conduct by you which the Owner, in her sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. 7. Law Governing Performance and Disputes This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Montana, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Montana and the United States District Court for the District of Montana in any and all actions, disputes, or controversies relating to this Agreement. 8. General Terms This Agreement and any posted rules on the Site established by the Owner constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either the Owner or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of the Owner and her successors, trustees, and permitted assigns. The Owner may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you.
|