By visiting and/or using www.mouthbehavior.com (including the home page and the entire Web site, the “Site”), you accept and agree to be bound by the following terms and conditions. Please read this document carefully.
Acceptance of Terms of Service and Modifications
These Terms of Service will govern your use of the Site and/or any and all services provided by mouthbehavior.com (collectively with the Site and all content contained thereon, the “Services”), including, but not limited to, tests using the JBMB™ Typing Tool, and other features. If you do not agree to these Terms of Service, you may not use the Services.
For purposes of these Terms of Service, “mouthbehavior.com” shall be interpreted to refer to the Site, and also to Jacqueline Beckley, Melissa Jeltema, and The Understanding & Insight Group, LLC.
Mouthbehavior.com may modify these Terms of Service from time to time in its sole discretion. Please check the Site before using the Services to determine whether any changes have been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with mouthbehavior.com immediately (i) by notifying mouthbehavior.com that you are unwilling to accept the changes to the Terms of Service; and (ii) by discontinuing your use of the Services. Your continued use of the Services constitutes your acceptance of this Terms of Service and any changes thereto.
From time to time mouthbehavior.com may supplement these Terms of Service with additional terms pertaining to specific content or events (“Additional Terms”), which may be placed on the Site to be viewed in connection with such specific content or events. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
Modifications of the Services
Mouthbehavior.com may, in its sole discretion, modify or discontinue the Services with or without notice to you and without liability to you or any third party. You accept that mouthbehavior.com has the right to change the content or technical specifications of any aspect of the Services at any time at mouthbehavior.com’s sole discretion. You further accept that such changes may result in your being unable to access the Services.
The Site, including but not limited to text, content, photographs, video, audio and graphics contained thereon, and the other Services are protected by certain Proprietary Rights (as defined below). You hereby agree that, as between you and mouthbehavior.com, mouthbehavior.com is the sole and exclusive owner of all right, title and interest in and to the Services, including, without limitation, all Proprietary Rights relating thereto. You agree to abide by all applicable copyright, trademark and other laws, as well as any additional copyright notices or restrictions contained in the Services. “Proprietary Rights” means any and all of the following: (a) all rights using all technologies, electronic or otherwise and whether now known or hereafter created, associated with works of authorship throughout the Universe, including but not limited to patents, designs, copyrights, moral rights, mask works, algorithms and other industrial property rights; (b) trademark and trade name rights and similar rights and all business goodwill associated therewith; (c) trade secret rights; (d) all other intellectual and industrial property rights (of every kind and nature throughout the Universe and however designated and whether now known or hereafter created, including, but not limited to, logos, “rental” rights, rights of publicity, and rights to remuneration), whether arising by operation of law, contract, license, treaty or otherwise; and (e) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including without limitation any rights in any of the foregoing).
Except as expressly permitted and/or requested by mouthbehavior.com in writing, you may neither post any materials to the Site nor copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material from the Site. By submitting content or other material as may be expressly permitted and/or requested by mouthbehavior.com, which may include your member name, to any public area of the Site, including without limitation message boards, forums, contests and chat rooms, you grant mouthbehavior.com and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, publicly perform and display the content (in whole or in part) in any form, media, or technology now known or later developed, without any restrictions based upon moral rights relating thereto. You also represent and warrant to mouthbehavior.com that you own and/or otherwise have any and all rights necessary to grant the foregoing license. You also permit all other Site users to access, display, view, store and reproduce such content for personal use. Mouthbehavior.com reserves the right to remove any and all content or materials posted by you and/or other users of the Services which mouthbehavior.com, in its sole discretion, deems offensive or inappropriate.
NOTWITHSTANDING ANY PROVISIONS CONTAINED HEREIN TO THE CONTRARY, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHAT ROOMS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE SITE YOU HEREBY EXPRESSLY PERMIT mouthbehavior.com TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY mouthbehavior.com IN WRITING AT THE TIME YOU SUBMIT THE CONTENT.
Restrictions on Use
You may not use the Services for any illegal purpose or in any manner inconsistent with these Terms of Service, and your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. You agree to use the Services solely for your own private, noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use this Site or Services for research purposes or to compile lists or any other data based on the services without the express written consent of mouthbehavior.com Inc. You may not use the trademarks, logos and/or service marks of mouthbehavior.com for any purpose without the express prior written consent of mouthbehavior.com. You agree not to modify, move, delete or otherwise tamper with the information and other content contained on the Site.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY mouthbehavior.com IN WRITING, YOU MAY NOT USE, COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, LINK TO AND/OR FRAME, SELL, LICENSE OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICES, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICES AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU DO NOT MODIFY ANY COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED THEREIN. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICES AND/OR mouthbehavior.com’S TRADEMARKS, TRADE NAMES, LOGOS AND/OR SERVICE MARKS.
Limited License / Rights Reserved
You acquire absolutely no rights or licenses in or to the Services and/or any other mouthbehavior.com Proprietary Rights other than the limited right to utilize the Services in accordance with the Terms of Service. Except for the limited license expressly granted herein, all present and future Proprietary Rights in and to the Services are reserved by mouthbehavior.com.
Disclaimer of Warranties
NOTWITHSTANDING ANY PROVISION OF THIS TERMS OF SERVICE TO THE CONTRARY, THE SERVICES ARE FURNISHED “AS IS” AND WITH ALL FAULTS. Mouthbehavior.com MAKES, AND YOU RECEIVE, NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, IN ANY COMMUNICATION WITH YOU OR OTHERWISE. Mouthbehavior.com EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT, ANY WARRANTY THAT OPERATION OF AND/OR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR VIRUSES, AND/OR THE FAILURE TO PROVIDE ADEQUATE SUPPORT FOR THE SERVICES. Mouthbehavior.com DOES NOT WARRANT THAT THE SERVICES ARE FREE OF INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER PROGRAM LIMITATIONS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU AND YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS OTHERWISE EXPRESSLY AGREED BY mouthbehavior.com IN WRITING, mouthbehavior.com SHALL NOT BE OBLIGATED TO REPAIR OR OTHERWISE REMEDY ANY SERVICE ERRORS OR OTHER SERVICE PROBLEMS ARISING FROM THE FOREGOING.
Mouthbehavior.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, BE SUITED FOR ANY PARTICULAR PURPOSE, INCLUDING PRE-EMPLOYMENT SCREENING, MATCHING, COUNSELING OR AS A PREDICTOR OF ABILITY OR BEHAVIOR; NOR DOES mouthbehavior.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT mouthbehavior.com DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SERVICES. Mouthbehavior.com IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE PROVIDED TO YOU WITH THE UNDERSTANDING THAT mouthbehavior.com IS NOT ENGAGED IN RENDERING ANY PROFESSIONAL SERVICES, COUNSELING OR ADVICE. Mouthbehavior.com ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
Mouthbehavior.com MAY PROVIDE LINKS FROM THE SITE TO VARIOUS THIRD PARTY WEB SITES. Mouthbehavior.com IS NOT RESPONSIBLE FOR THE CONTENT ON SUCH THIRD PARTY WEB SITES, AND WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY THIRD PARTY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST mouthbehavior.com WITH RESPECT TO SUCH SITES.
BY PERMITTING CERTAIN CLASSIFIED AND PERSONAL ADVERTISING, mouthbehavior.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON mouthbehavior.com, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY mouthbehavior.com AGAINST ANY AND ALL CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS IN ACCORDANCE WITH SECTION 12. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE SITE, YOU WAIVE ANY AND ALL CLAIMS AGAINST mouthbehavior.com FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
Limitation of Liability
Mouthbehavior.com SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH OR WITH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES AND/OR THIS TERMS OF SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE FAILURE TO PROVIDE SUPPORT THEREFOR, EVEN IF mouthbehavior.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. mouthbehavior.com’S TOTAL LIABILITY TO YOU UNDER THIS TERMS OF SERVICE AND/OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO mouthbehavior.com FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH mouthbehavior.com IS NOTIFIED HEREUNDER OF ANY SUCH CLAIM OR $10 U.S., WHICHEVER IS GREATER.
You agree to defend, indemnify and hold each of mouthbehavior.com, its parent companies, subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any and all claims, demands, liabilities, losses, damages and/or expenses, including reasonable attorneys’ and expert witness fees, arising out of or relating to the use of the Services and/or violation of this Terms of Service by you and/or any users of your account on the Site, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from content or other materials posted onto the Site by you, or the infringement by you, or any other user of your account, of any Proprietary Rights or other rights of any person or entity.
Either you or mouthbehavior.com may terminate the Terms of Service with or without cause at any time and effective immediately. You may terminate the Terms of Service by discontinuing all use of the Services and destroying all materials obtained from the Services. Upon termination by you or upon notice of termination by mouthbehavior.com, you must destroy promptly all materials obtained from the Services and any copies thereof. The above sections relating to “PROPRIETARY RIGHTS,” “DISCLAIMER OF WARRANTIES,” “LIMITATION OF LIABILITY,” “INDEMNIFICATION,” and all other provisions of this Terms of Service which may reasonably be construed as surviving termination hereof, shall survive termination of this Terms of Service for any reason.
Applicable Law / Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of law provisions. By using and/or registering for the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey, for any and all actions arising from or relating to the Services and/or this Terms of Service.
Miscellaneous No Waiver
Failure by either party hereto to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.
Mouthbehavior.com may assign its rights and obligations under these Terms of Service and upon such assignment mouthbehavior.com may be relieved of any further obligation hereunder. You shall not assign, delegate or otherwise transfer any rights under this Terms of Service for any reason without the prior express written consent of mouthbehavior.com, which may be withheld in the sole discretion of mouthbehavior.com (any attempt by you to assign, delegate or transfer any rights under this Terms of Service, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior express written consent of mouthbehavior.com shall be voidable at mouthbehavior.com’s sole discretion).
The prevailing party in any legal action brought by one party hereto against the other to enforce this Terms of Service shall be entitled (as determined by a court of competent jurisdiction), in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney and expert witness fees and expenses.
You represent and warrant to mouthbehavior.com that you have the authority and all necessary rights to register with mouthbehavior.com in accordance with this Terms of Service. If you are under 18, you may use the Services only with permission and involvement of a parent or guardian. Mouthbehavior.com reserves the right, in its sole discretion, to refuse service, terminate accounts, and/or remove or edit the Services. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT USE THE SERVICES.
This Terms of Service contains the entire agreement and understanding between you and mouthbehavior.com concerning the subject matter herein. This Terms of Service supersedes all prior communications, discussions, negotiations, proposed agreements and all other agreements between the parties concerning the subject matter herein, whether written or oral.
This Terms of Service shall be construed within its fair meaning and no inference shall be drawn against the drafting party in interpreting this Terms of Service. Headings used in this Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Terms of Service.