The Human Equation's
Welcome to The Human Equation, Inc.'s ("THE") website. Before entering our website, you must read and agree to the terms set forth below (the "Conditions of Use"). Please read this document carefully before accessing and using our website. By accessing and using our website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you will not be allowed to access the website.
Modification of These Conditions of Use and THE's Website:
THE reserves the right to change the terms of these Conditions of Use without notice at any time. Such changes will become effective immediately. As such, you will be responsible for reviewing these Conditions of Use. Your continued use of THE's website shall constitute your acceptance of any modifications to the Conditions of Use. Further, THE reserves the right to make changes to its website.
When you visit THE's website or send e-mails to THE, you are communicating with THE electronically. You consent to receive communications from us electronically. THE will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Unless otherwise stated, while THE may grant you the right to a limited license to use the materials and resources on this website, including its online training courses, document library, and other risk management tools, THE retains all Intellectual Property Rights as defined by federal and international law (including, but not limited to, patents, copyrights, trademarks, and service marks) for the entire contents of this website, including, but not limited to, online training courses, document library, text, graphics, logos, button icons, flash movies, images, audio clips, digital downloads, and software. Without implication of limitation, THE HUMAN EQUATION and TRANSFERRING KNOWLEDGE @ INTERNET SPEED and other marks indicated on THE's site are registered trademarks of THE or its affiliates, in the United States and other countries. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of THE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THE's website and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing THE's name or trademarks without the express written consent of THE. Any unauthorized use terminates the permission nor license granted by THE.
THE will develop any such portal with materials in which it retains all Intellectual Property Rights as defined by federal and international law (including, but not limited to, patents, copyrights, trademarks, and service marks).
If you use THE's site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Disclaimer of Warranty/Limitation of Liability
THE provides this website and related information on an "as is" and "as available" basis. THE makes no express or implied warranties, representations, or endorsements of any kind, or as to the operations of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.
To the extent permissible by applicable law, THE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. THE does not warrant that this website, its servers, or email sent from THE are free of viruses or other harmful components. THE will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Further, THE does not warranty the fitness, stability, or durability of any client portals it creates on this website. Any client portals THE creates shall be provided for an indefinite term and THE reserves the right to terminate any and all client portals for its website upon sixty (60) days written notice.
Client Intellectual Property
You shall retain all Intellectual Property Rights as defined by federal and international law in any materials you own and place on this website.
You will have the right to access and use any materials (i.e., policies, forms, programs, etc.) that you may create based upon the resources and materials included on THE's website. Notwithstanding the foregoing sentence, THE reserves the right to access and use any such materials so long as they are maintained on THE's website.
Client Posted Materials
If you post content or submit materials on any client portal created by THE for you on this website, unless THE indicates otherwise, you grant THE and its affiliates a non-exclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Third Party Links
Linked websites are not under the control of THE and THE is not responsible for the contents of any linked site or any link contained in a linked site. THE provides links to you only a convenience, and the inclusion of any link does not constitute an endorsement by THE of the site.
Applicable Law and Jurisdiction
By visiting THE's website, you agree that the laws of the state of Florida, without giving effect to conflict of laws rules, will govern these Conditions of Use and any dispute of any sort that might arise between you and THE or its affiliates. Any dispute relating in any way to your visit to or use of THE's website shall be resolved by litigation exclusively in the courts of Broward County, Florida, including the federal courts therein, if applicable, and the parties consent to the jurisdiction and venue of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.
Given the international nature of the Internet, you agree to comply with al local rules, including, but not limited to, rules regarding the Internet, data, e-mail, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Privacy Laws and Indemnification
You warrant that your use of this website, including, but not limited to, any information you place on this website through any client portal THE creates for you, fully complies with any and all federal, state and/or local privacy laws, including, but not limited to, the Grahm Leach Bliley Act ("GLBA") and the Health Insurance Portability and Accountability Act ("HIPAA").
In the event that your use of this website is found not to be in compliance with GLBA, HIPAA or any other federal, state or local privacy law, you agree to hold THE, its shareholders, directors, officers, attorneys, employees and affiliates, harmless from and against any and all claims, liabilities, judgments, penalties, and taxes, civil and criminal, and all costs, expenses (including, but not limited to, reasonable attorneys' fees incurred with or without litigation, and in litigation, at both trial and appellate levels, and expenses not otherwise taxable as court costs, including but not limited to, investigation and expert witness fees to the extent not taxable as court costs) incurred with any law suit based on your use of this website.
In addition, you agree to hold THE, its shareholders, directors, officers, attorneys, employees and affiliates, harmless from and against any and all claims, liabilities, judgments, penalties, and taxes, civil and criminal, and all costs, expenses (including, but not limited to, reasonable attorneys' fees incurred with or without litigation, and in litigation, at both trial and appellate levels, and expenses not otherwise taxable as court costs, including but not limited to, investigation and expert witness fees to the extent not taxable as court costs) resulting from any violation of these Conditions of Use, including, but not limited to, negligence or wrongful conduct, by you or your use of THE's website.
THE's failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. THE may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be seemed severable and shall affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.