Effective Date: June 1 , 2015
Welcome to the Liberos Center website!
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICES.
If you have any questions about these Terms, please Contact Us.
1. GENERAL TERMS.
There are a few basic terms you must comply with as a condition to having the right to use the Services. If you are under the age of 18, please discuss these Terms and your use of the Services with your parents or legal guardian. Liberos reserves the right to monitor the Services for the purpose of determining that your usage is in compliance with these Terms. Should you wish to participate in a study or seek services beyond those offered on the Website, Liberos may require that you enter into an agreement governing that relationship. Without limitation, you agree that you will not:
a. Use the Services or Website in a manner that violates these Terms or any applicable law, rule, or regulation, or for any unintended purpose;
b. Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, display, create derivative works of or transmit any content of the Website;
c. Use the Website, Services, or any of our marks commercially, for benchmarking, or to compile information for a competitive product or service;
d. Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code;
e. Interfere with or damage the Website or our servers, including, without limitation, through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;
f. Impersonate or misrepresent your identity or affiliation with a person, entity or organization, including, without limitation, us, or use a false identity;
g. Attempt to obtain unauthorized access to the Website or attempt to obtain any materials or information through any means not intentionally made available through the Website;
h. Collect, manually or through an automatic process, information about users of the Website;
i. Violate, misappropriate or infringe a third party’s intellectual property or other right;
j. Interfere with any third party’s ability to use or enjoy, or our ability to provide, the Website or Services;
k. Engage, directly or indirectly, in any type of unsolicited solicitation; or
l. Assist or encourage any third party in engaging in any activity prohibited or restricted by these Terms.
2. User submitted content.
Liberos may use all content you submit on the Website, but you retain the rights to your content.
a. By sharing, submitting and uploading any content or material, including, but not limited to, responses from questionnaires (“User Content”), you grant and agree to grant Liberos a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license and right (but not the obligation) to use, reproduce, distribute, prepare derivative works of, display, transmit, perform, and adapt your User Content in any legal manner or medium, now known or hereafter devised. This exploitation may include, without limitation, use of your User Content to endorse Liberos. You further grant Liberos a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable, license and right (but not the obligation) to exploit your name, alias (e.g., a username or custom emblem), likeness, personality, voice, and any other materials or information you submit to Liberos in connection with your User Content.
b. Other than as provided in these Terms, you will retain ownership of all rights in your User Content.
c. You acknowledge and agree that you are solely responsible for all of the User Content that you make available through Liberos. Accordingly, you represent and warrant that: (i) you are at least eighteen (18) years of age or you have reviewed these Terms with a parent or legal guardian and he or she has agreed to these Terms and given you permission to submit the User Content; (ii) you have all rights, licenses, consents and releases necessary to grant Liberos the required rights to disseminate any User Content and make all the grants of rights in these Terms; and (iii) your User Content does not contain or link to any malicious code or content of any kind.
d. You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Liberos for its use or exploitation of the User Content or your name, alias, likeness, personality, or any other materials you submit in connection with your User Content as licensed herein, as well as any claims under “moral rights” or similar theories.
e. You agree that you will not receive any compensation for Liberos’s exploitation of the User Content and Liberos has no obligation to use any of your User Content. Liberos may remove your User Content from the Website at any time. Liberos will not return User Content to you.
3. LIBEROS INTELLECTUAL PROPERTY RIGHTS.
Liberos owns the Website and the content on the Website, but is not responsible for third party content.
a. Intellectual Property Rights. All content on the Website, or otherwise made available via the Website, except for third party content (“Content”), the trademarks, service marks and logos contained therein, the design of the Website and Services, and all software and other technology used to provide the Website or Services, are owned by or licensed to Liberos. We reserve all rights not expressly granted to you.
b. Third Party Content. The Website may contain content provided by third parties. In addition, the Website may contain links to third party websites, including, but not limited to, third party websites for payment of Services. Liberos is not responsible for the third party content on the Website or the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for third party content on the Website, or the content on, or the practices of, third party sites. Any opinions, advice, statements or other information expressed or made available by third parties are those of the respective third party and not of Liberos.
While we try to keep our Services safe and functioning, using our Services exposes you to some risks. We need to tell you about them and let you know that Liberos is not responsible for any harm you may experience. Specifically:
a. THE SERVICES, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES AND WEBSITE, ARE PROVIDED “AS IS”. LIBEROS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT.
b. THE INFORMATION AND CONTENT CONTAINED ON THE WEBSITE OR TRANSMITTED TO YOU THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NEVER INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR 911 (IF YOU LIVE IN THE UNITED STATES). YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN PERSON PRIOR TO STARTING A NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR YOUR HEALTH.
Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the Website. Liberos does not make any representations regarding the quality, reliability, usefulness, completeness, or accuracy of any specific tests, products, equipment, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Liberos, Liberos employees and medical staff, or other contributors to the Services is solely at your own risk.
c. LIBEROS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
d. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA.
5. Limitation on damages.
Liberos’s liability for any damages you or a third party may incur is limited as follows:
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIBEROS, ITS MEMBERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS’ FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF LIBEROS OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF Liberos IN CONNECTION WITH THE WEBSITE AND SERVICES EXCEED $100 OR THE AMOUNTS YOU PAID TO LIBEROS IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.
c. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OR NATION OF RESIDENCE.
6. Representations and warranties.
If you use our Services, you are representing and warranting to Liberos that:
a. You have the full power and authority to enter into and follow these Terms;
b. By using the Website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Website constitutes such third party’s acceptance of these Terms;
c. Your agreement to and following of these Terms does not and will not breach or conflict with any other agreement or arrangement you have with someone else or otherwise violate the law; and
d. These Terms are binding on you and enforceable against you.
You agree to indemnify Liberos for all costs in connection with Claims.
a. You agree to defend, indemnify, and hold Liberos its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your actions on the Website; or (iii) arising from or related to your User Content.
b. If you are required to provide indemnification, Liberos may, in its sole and absolute discretion, control any Claim at your sole cost and expense. You may not settle, compromise or in any other manner dispose of any Claim without Liberos’s consent.
8. CHANGES TO THE SERVICES; TERMINATION.
Liberos may terminate or modify the Services or your use of the Website at any time.
a. Termination. Liberos may, in its sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Website, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Website at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole and absolute discretion, violate these Terms, our rights or the rights of any third party) or no reason at all.
b. Effect of Termination. If we terminate your use of the Website or Services, you must cease all use of the Website and our Services immediately. The Terms will survive indefinitely unless and until Liberos chooses to terminate them.
If you have any dispute with us, you agree that before taking any formal action, you will Contact Us [Please Link], provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:
a. These Terms, your use of the Website and Services, and any other matter relating to Liberos will be governed by the laws of the California, without regard to conflict of laws principles.
b. These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in Los Angeles, California. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
i. First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
ii. Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California if the claim and the parties are within the jurisdiction of the small claims court.
c. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
d. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
a. These Terms make up the entire agreement between the parties regarding Liberos and supersedes any prior agreements.
b. Under no circumstances will Liberos or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Liberos’s reasonable control.
c. If you provide us with your email address, you agree that we may send you emails related to the Services. If you do not want to receive general emails related to the Website, you can opt-out by following the instructions in our messages. You may not opt out of emails relating to the administration of Services you request. We will communicate with you by email or by posting notices on the Website. 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. If you have a legal requirement to communicate with or give notice to us, you must use the address: Liberos LLC, Attn.: Nicole Prause 10850 Wilshire Blvd, Suite 1260, Los Angeles, CA 90024.
d. You may not transfer your rights or obligations under these Terms without the prior written consent of Liberos. Liberos may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and Liberos. These Terms do not create any third party beneficiary rights. These Terms will be interpreted as if equally drafted by Liberos and you. A party’s failure or delay in exercising (in whole or in part) any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future. If any provision of these Terms is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity, and the remaining provisions of these Terms will remain in full force and effect.