My Story MattersTM End User Agreement
This My Story MattersTM End User Agreement (the “Agreement”) sets forth the terms and conditions by which My Story Matters, a 501(c)(3) non-profit corporation (“MSM”), makes electronic access of MSM’s online content and associated media, software, and documentation (the “Content”) available to you.
Certain features of the Content may be subject to additional guidelines, terms, or rules, which will be posted as appropriate in connection with such features. When you access the Content, you accept, without limitation or qualification, the terms of this Agreement as if you had signed it. If you do not accept the terms of this Agreement, do not access the Content.
1. CONTENT ACCESS, RESTRICTIONS, AND OWNERSHIP.
1.1. Account Creation and Confidentiality. Access to Content is based on a verified purchase of an educational course from MSM. You may use an access link provided by MSM to create an account. You represent and warrant that any information you provide to MSM regarding your account is your own and is truthful and accurate. You will maintain the confidentiality of your account login information. You will be responsible for all activities that occur under your account. MSM may suspend or terminate your account or access to Content at any time in MSM’s sole discretion.
1.2. Access. Subject to the terms and conditions of this Agreement, MSM grants you a nontransferable, revocable, limited right to access the Content for your personal, non-commercial use only. Your access to Content will generally be available for six months from a verified purchase of such a course (subject to MSM’s right to suspend or terminate your account and your access).
1.3. Restrictions. MSM has designed the Content for use in conjunction with your participation in educational courses developed by MSM, and you agree not to teach any such courses without first becoming a MSM-certified guide. Further, you agree not to, directly or indirectly, in whole or in part: (i) copy, reproduce, publicly perform or publicly display the Content; (ii) transfer access or otherwise permit anyone else to access the Content with your access credentials; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Content; (iv) modify, translate or create derivative works based on the Content; or (v) remove from view any copyright, trademark, or other proprietary notice, mark, or legend appearing on any of the Content.
1.4. Ownership and Feedback. You acknowledge that MSM and its licensors are the sole owners of all intellectual property rights and other proprietary interests in and to the Content. If you provide any feedback, comments, or suggestions (“Feedback”) about MSM or the Content, you agree that MSM may freely use such Feedback in its discretion without any obligation, attribution, or compensation to you, and you waive all rights in the Feedback.
2. WARRANTY DISCLAIMER AND LIMITATION ON LIABILITY
2.1. No Warranty. THE CONTENT, INCLUDING ACCESS TO THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTIES OF ANY KIND, AND MSM SPECIFICALLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM CUSTOM, USAGE, COURSE OF DEALING OR OTHERWISE, REGARDING THE SAME, INCLUDING ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
2.2. No Liability. IN NO EVENT WILL MSM OR ITS LICENSORS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, ALL REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF MSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. MISCELLANEOUS
3.1. Assignment. You may not assign or otherwise transfer this Agreement, including your account credentials, to any other person, and any attempted assignment or transfer will be null and void.
3.2. Governing Law. The laws of the State of Utah will govern this Agreement.
3.3. Acknowledgement. By accessing the Content, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
If you have any questions or comments about this Agreement, please contact My Story Matters at [email protected].