WEBSITE TERMS OF SERVICE
Welcome! These Terms of Service (“TOS”) apply to the following web sites: https://www.innovatrium.org, https://innovationyou.com/, and https://jeffdegraff.com/ (the “Site”). The TOS is a legal agreement between Competing Values, LLC, a Michigan limited liability company with offices at 601 East University, Ann Arbor, MI 48104 USA (“CV” or “we”) and the person who accesses the Site (“Visitor” or “you”).
1. Acceptance of TOS. You accept the TOS by accessing the Site, using services available at the Site downloading materials from the Site, or uploading information to the Site.
2. Intellectual Property. CV retains ownership of all intellectual property rights relating to content at the Site (such as text, graphics, video, audio, downloadable content, assessments, training materials), including copyrights, trademarks, know-how, and data rights. You are authorized to copy and download material for non-commercial, personal use. Some materials may bear a Creative Commons tag that gives you additional rights to us those materials. Contact CV if you desire a license to distribute materials, adapt CV materials, or post CV materials.
3. Collection of Information; Privacy. We collect information about your visit to the Site. Some of that information is provided by you (for example, when you provide CV your name, email address, physical address, other contact information, and emails), some is personally identifiable and some is anonymous; in addition, some information that is anonymous can, when combined with other Information, become personally identifiable (collectively, “Information”).
a. We may use Information for any lawful purpose, such as to improve our services, to improve the Site, to improve User experience at the Site, to monitor and manage the security and integrity of the Site, in connection with law enforcement.
c. We may also use data about (a) the device you used to access the Site or to transmit information (such as hardware model, operating system version, unique device identifiers, and mobile network information); (b) log information (Internet Protocol address, browser type, system activity, hardware settings, browser settings and language, date and time of access, last URL visited, cookies, how you used the Site); (c) cookies that may uniquely identify your browser; and (d) data generated by you when using services at the Site, such as online assessments. You can cease your use of the Site at any time for any reason, with or without notice to CV.
e. We do not target minors and do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian believes that their child under the age of 13 has provided CV with personally identifiable information, they should contact CV at the address below.
f. We may transfer Information to a third party that acquires all or substantially all of the assets of CV to which the Information relates. You may write to us and request that we delete Information. We will use reasonable efforts to delete Information that is personally identifiable.
Competing Values, LLC
601 East University
Ann Arbor, MI 48104
4. Third Party Links. The Site may provide links to websites, social media platforms, and technology of other entities. We are not responsible for the services, content, information collection practices, or privacy policies of those entities. Please review the privacy policies of such sites.
5. Site Integrity. Visitor shall not take any action to interfere with the operation of the Site. By way of example, you shall not upload other technology, or use any automated software (crawlers, robots, bots, spiders, extractors, viruses, adware, worms, Trojan horses, malware, spyware or any other similar malicious activities and products) at the Site; or disable, hack, or seek to circumvent security-related features or digital rights management functions at the Site; or distribute any unlawful content.
6. NO WARRANTY. THE SITE IS PROVIDED “AS IS,” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Visitor is responsible for its use of the Site and its content.
7. Limitation of Liability for Damages. In no event shall CV be liable to Visitor for any indirect, incidental, special, punitive, or consequential damages, lost profits, business interruption losses, or loss of data, resulting from Visitor’s activity at the Site, regardless of the theory of liability, including express contract, implied contract, negligence, warranty, or misrepresentation, and whether or not CV is advised of the possibility of such damages. Direct damages are limited to twenty-five dollars $25.00). As used in this section, “CV” includes CV, its officers, directors, employees, contractors, agents, members, parent companies, subsidiaries, related business entities, successors, assigns, and clients. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF CV IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Michigan Law and Venue. This TOS is executed and performed in Michigan. The Site is deemed delivered from Michigan, USA and does not give rise to personal jurisdiction over CV, either specific or general, in jurisdictions other than Michigan. This TOS shall be governed by the internal substantive laws of the State of Michigan. CV makes no representations that the Site, or any content available within the Site, is appropriate or available for use in locations other than the United States. Those who access or use the Site from outside the United States are governed by Michigan and US law.
9. Arbitration; Venue for Dispute Resolution. You and CV shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Ann Arbor, Michigan, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. The parties stipulate to personal jurisdiction and venue in such court, and waive the application of forum non conveniens. The prevailing party shall be awarded attorneys’ fees and expenses in connection with any motion to enforce the arbitration award.