The Enneagram Institute
1. Permitted Use. You may use the Website only for the purposes expressly set forth on the Site and in this Agreement. Any other use of the Site is prohibited. You must not access or use the Site (i) for any purpose that is unlawful; (ii) in any manner that interferes with any other user’s use of the site; (iii) in any manner that could impair, damage, or disable the Site or any computer, server, or network that is used with the Site; (iv) using a user ID, password or other credentials for which you are not authorized. EI may at its sole discretion prohibit access or use of the Site by any User that is in violation of this Agreement, or is interfering with the proper operation and enjoyment of the site by others.
2. Copyright and Trademark. Unless otherwise indicated, as between User and EI, all information contained on or in the Website, such as text, graphics, logos, images, audio and video clips, tests, and all other content is proprietary to EI and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner unless advance permission is granted by EI in writing. If User is granted advance written permission from EI to use any of the content of the Website, User shall clearly attribute the creation and ownership to EI. Specifically, User shall at least provide one conspicuous notice of EI copyright ownership. The marks THE ENNEAGRAM INSTITUTE and ENNEATHOUGHT and any EI logos, domain names and taglines, are trademarks of EI and may not be used or reproduced without the express written consent of EI.
3. User Submitted Materials. Any materials submitted by User, including (without limitation) photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
a. As between User and EI, User will retain ownership of such User Submitted Materials, and you grant EI and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with EI.
b. User represents and warrants that User owns or otherwise possesses all necessary rights, permissions, and license with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
4. No Healthcare Information. The Riso-Hudson Enneagram Type Indicator Test (RHETI), and other tests, personality type information and content that are available on the Website, are provided AS-IS and are subject to the disclaimers and other terms set forth herein. Tests, test results, personality type information and other content on the Website are provided for informational purposes only and are not intended to be used for as the basis for any healthcare diagnosis or as a substitute for obtaining medical advice and treatment from a competent physician, mental health professional, or other health care practitioner. EI is not a health care provider or covered entity and test results are not protected health information pursuant to HIPAA laws. You should not take any health care action based upon test results or other content of this Website without first obtaining appropriate and independent guidance from a physician or other health care practitioner. Giving, receiving, or using the content on this Website does not constitute or create a caregiver-patient relationship.
6. Linking and Framing. EI makes no representation, warranty or endorsement, express or implied, as to any of the information, tests, services, products or messages on any other applications which may be accessed through links and frames in the Website. Links and frames are provided for convenience only and are not intended as an endorsement by EI of the organization or individual operating the linked/framed websites and/or applications or a warranty or endorsement of any type regarding the Website or the information, services, products or messages posted on or available from such Website.
7. Disclaimers of Warranties and Limitation of Liability. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of EI and its agents, vendors, and suppliers. Accordingly, EI assumes no liability for or relating to the delay, failure, interruption, unavailability, or corruption of any data or other information transmitted in connection with use of the Website. The Website and its content is provided on an "as is" basis. EI AND ITS’ officers, directors, agents, employees, CONTRACTORS, volunteers, LICENSORS, LICENSEES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. Without limiting the foregoing, EI, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers make no representations or warranties about the accuracy, reliability, availability, completeness, or timeliness of the content, and where applicable, tests, test results, software, text, graphics, links, or communications provided on or through the Website. In no event shall EI, its officers, directors, agents, employees, contractors, volunteers, licensees, licensors, and suppliers, or any third parties mentioned in the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, or inability to use, the Website or its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not EI, its officers, directors, agents, employees, volunteers, contractors, licensees licensors, and suppliers, or any third parties mentioned in the Website are advised of the possibility of such damages. User agrees to hold harmless EI and its officers, directors, agents, employees, contractors, licensees, and volunteers from all claims arising out of or related to your use, or your inability to use, the Website or the information, tests, services, products or messages contained in the Website or other applications and/or websites to which the Website is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Website or another website or application to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will EI or the contributors of information to the Website be liable to User or anyone else for any decision made or action taken by User in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST EI, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND VOLUNTEERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. User agrees to hold harmless EI and its officers, directors, agents, employees, licensees, and volunteers from all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys' fees) arising directly or indirectly out of or from the User Submitted Materials.
11. Governing Law. User and EI agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, shall apply to all matters arising from or relating to use of the Website. User and EI also agree and hereby submit to the exclusive personal jurisdiction and venue of Albany County, New York and the United States District Court for the Northern District of New York with respect to such matters.
Effective Date: August 25, 2016