Terms of Service
These Terms of Service (these “Terms”) describe the terms and conditions applicable to your use of https://www.theequitylab.org/tilt and linked pages (together, the “Website”) and your use of Content (as defined below) and our proprietary software-as-a-service assessment product (“TILT”), or other services offered via the Website (together, the “Products”). By accessing the Website and/or any Product, you accept and agree to be bound, without limitation or qualification, by these Terms and they form part of your contract with The Equity Lab (“TEL”, “we”, “us”, or “our”) to provide the Website and any Products to you. If you do not accept any of the terms or conditions stated herein, you may not use the Website or any Product. Use of the Website or any Product constitutes acceptance of these Terms. If you received a link with access to TILT, you are accepting these Terms on behalf of yourself and the company for which we authorized your access to TILT.
TEL may, in its sole discretion, modify or revise these Terms at any time by updating these them. Such modification or revision are effective immediately, and you are bound by any such modification or revision and should therefore visit this page periodically to review these Terms.
Section 1. No Professional Advice.
We make no claims or representations in relation to the emotional, health or commercial benefits of using our Products and the information provided on the Website or through the Products is no substitute for professional medical or psychiatric advice where applicable. If you are concerned about health or mental well-being issues you are advised to consult your doctor.
In particular:
Our Products are provided for information purposes only and not for medical or psychological assessment purposes, and for your own personal use (and not e.g., to screen or assess others) and for no other purpose.
Our Products do not provide medical or legal advice. Our Products should not be regarded as or relied upon as being a comprehensive or accurate opinion or assessment concerning your well-being and psychological health. We just do not know enough about you to guarantee that. Where you have any concerns arising out of your use of our Products you should seek appropriate professional advice.
No Professional Advice – The information contained in or made available through the Website and the Products (including but not limited to information on our Website, TILT assessment and TILT report) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website or our Products. Neither we nor our licensors or suppliers, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Website and our Products, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
Section 2. Privacy.
Please review our Privacy Statement at theequitylab.org/privacy, which also governs your visit to our Website and use of our Products, to understand our practices.
Section 3. Trademark Notice.
The Equity Lab”, “TILT” and any related logos, and certain other trademarks, service marks, names, and logos used on the Website or in connection with the Products are trademarks of TEL.
All other trademarks, service marks, names, and logos not owned by TEL that appear on this Website or in connection with any Products are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TEL. You are not granted any right to any trademark, service mark, name, or logo. You agree you will not remove, obscure, or alter any proprietary notices that appear on the Website or in connection with the Products.
Section 4. Use of Website and Products.
All content on this Website or made accessible to you through the Products, including but not limited to text, articles, images, software, photographs, graphics, illustrations, artwork, video, audio, names, logos, trademarks, service marks, and other material, including the TILT assessment and TILT report (collectively, the “Content”), is protected by copyright, trademark, and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by TEL and content owned or controlled by third parties and licensed to TEL. Unless as explicitly indicated on the Website or in a written agreement with TEL, you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of TEL.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
Some Content on or available through the Website may have additional restrictions upon its use and all such restrictions form a part of these Terms. You agree that you will not, and will not permit, encourage or assist any other person to:
Use the Website or any Product in violation of any law, rule, or regulation in any jurisdiction;
Copy, modify, create derivative works of, reverse engineer, decompile, or disassemble the source code upon which any Product is based;
Access or attempt to access the Products by any means other than the interface provided by TEL;
Sell, resell, offer for sale, lease, or license the Products;
Share your TILT link or otherwise allow or enable any other person to access or use any Product using your TILT link;
Offer, use, or permit the use of or access to the Services to provide services to a third party, including in as a third-party outsourcing service, as a service bureau, or on a time-sharing basis on behalf of any third party;
Use the Website or any Products to send any chain letters, junk mail, spam, unauthorized emails, advertisements, or other unsolicited messages;
Interfere or attempt to interfere with or otherwise disrupt the Website or any Product or any other user’s access to and use of the Website or any Product;
Scrape or use any other automated means to extract information from the Website or any Product;
Impersonate any person or entity or otherwise provide any false or misleading information or engage in any fraudulent activities;
Upload, submit, store, or transmit any User Data that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, invasive of another’s privacy, hateful, or otherwise objectionable;
Upload, store, introduce, or transmit any virus, malware, or other malicious code;
Use any Product to develop a competing product or service; or
Use any Product in a manner, including uploading, submitting, storing, or transmitting any User Data, that infringes, misappropriates, or otherwise violates the intellectual property or privacy rights of any person.
Section 5. User Data; Feedback.
“User Data” means any electronic information that you upload into TILT.
All User Data will be solely owned by TEL. You hereby assign and agree to assign to TEL, all such right, title, and interest in and to the User Data, including all intellectual property rights therein; provided that, TEL will use commercially reasonable efforts to aggregate your User Data if TEL shares such User Data with the company for which TEL authorized your access to the TILT.
If you provide to TEL any comments, suggestions, or other feedback regarding the TILT, you hereby grant to TEL a perpetual, irrevocable, non-exclusive, transferable, fully sublicensable, royalty-free, fully paid up, worldwide license to use such comments, suggestions, or other feedback for any purpose.
You represent and warrant that (i) you are of legal age to form a binding contract with TEL on behalf of your company, (ii) are not a person or entity barred from using any Product under the laws of the United States or other applicable jurisdiction, and (iii) you own or have obtained all necessary rights and permissions to the User Data and that you have all rights necessary rights and permissions to grant the rights to TEL under these Terms, including with respect to ownership of User Data.
Section 6. TILT Report.
Where you complete a TILT assessment, TEL may provide you an individual report based on your responses to the TILT assessment (such report, a “TILT Report”).
The TILT Report shall remain the sole property of TEL. Subject to your compliance with these Terms, where TEL provides you with a TILT Report, TEL grants you a personal, non-exclusive right to use your TILT Report for your personal use. TEL will not share your TILT Report with the company for which TEL authorized your access to the TILT unless TEL uses commercially reasonable efforts to aggregate information in your TILT Report.
Section 7. No Warranties.
THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE AND ANY PRODUCT IS AT YOUR OWN RISK. TEL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS. TEL, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT OR OTHER COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR ANY PRODUCT OR BY TEL.
TEL DOES NOT WARRANT THAT THE WEBSITE OR ANY PRODUCT (I) WILL MEET YOUR REQUIREMENTS, (II) WILL OPERATE ERROR-FREE OR UNINTERRUPTED, OR (III) OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEBSITE OR ANY PRODUCT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TEL IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR THOSE COSTS.
SOME OF THE CONTENT ON THE WEBSITE MAY BE PROVIDED BY THIRD PARTIES AND TEL SHALL NOT BE HELD RESPONSIBLE FOR CONTENT SUPPLIED BY ANY SUCH THIRD PARTY.
TEL HAS NO OBLIGATION TO TAKE ANY ACTION BASED ON ANY USER DATA PROVIDED, INCLUDING BUT NOT LIMITED TO, REPORTING ANY CONCERNS TO ANY HUMAN RESOURCES DEPARTMENT, LAW ENFORCEMENT, OR ANY REGULATORY AUTHORITIES, OR FILING ANY COMPLAINT OR OTHER CLAIM, ACTION, OR PROCEEDING ON YOUR BEHALF.
Section 8. Limitation of Liability/Disclaimer of Damages.
Your use of the Website and any Product is at your own risk. If you are dissatisfied with any of Product or other materials on the Website or with these Terms, or other TEL terms and policies, your sole remedy is to discontinue use of the Website and Products.
IN NO EVENT SHALL TEL, ITS LICENSORS, OR ITS SUPPLIERS BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, EXEMPLARY OR LOST PROFITS, LOSS OF GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION) ARISING OUT OF, RESULTING FROM, OR RELATING TO THESE TERMS AND/OR THE WEBSITE AND ANY PRODUCT, INCLUDING BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE WEBSITE OR THE PRODUCTS, THE UNAUTHORIZED ACCESS TO, OR USE OF, ALTERATION OF, DESTRUCTION OF, CORRUPTION OF, USER DATA, AND ANY OTHER CLAIM WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES AS SET FORTH IN SECTION 8, OR THE LIMITATION OF CERTAIN LIABILITIES SET FORTH IN THIS SECTION 9. AS SUCH, TO THE EXTENT SUCH DISCLAIMER OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER OR LIMITATIONS MAY NOT APPLY TO YOU.
Section 10. Links to Other Sites.
The Website and Products may contain links to websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by TEL of the contents on such third-party websites. TEL is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. If you decide to access linked third-party websites, you do so at your own risk. You may also be subject to additional terms and conditions that may apply when you use a linked third-party website or content therein.
Section 11. Indemnity.
You agree to defend, indemnify, and hold harmless TEL, its officers, directors, employees, agents, and licensors, from and against any damages, liabilities, losses, fees, penalties, costs, and expenses, including reasonable attorneys’ and experts’ fees and accounting fees, arising out of any third-party claim, demand, action or proceeding in any form in each case, alleging or arising or resulting from your use of the Website or any Product, your breach of the terms of these Terms, your breach of any of your representations and warranties in these Terms, your User Data, or any violation of law. To the extent that you may be located through information which you may provide to TEL, TEL shall provide notice to you of any such claim, suit, or proceeding.
Section 12. General.
TEL is based in Washington, District of Columbia, in the United States of America. TEL makes no claims that the Content (including any TILT assessment or TILT report) is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website or any Product from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms, and all disputes arising from or related to the use of the Website and any Product, shall be governed by and construed in accordance with the laws of the District of Columbia applicable to contracts made in and performed entirely in the District of Columbia between residents of the District of Columbia. You and TEL expressly agree to exclude the application of (i) the U.N. Convention on Contracts for the International Sale of Goods (1980) and (ii) Uniform Computer Information Transaction Act or any version thereof adopted by any state in any form, to these Terms and the performance of the parties contemplated herein, to the extent that such convention or act might otherwise be applicable. By using this Website, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Website or any Product is the state and federal courts in the District of Columbia. TEL hereby submits to the jurisdiction of the Court of Appeals and United States District Court for the District of Columbia named above (except to the extent of subject matter jurisdiction). You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall be deemed severed, and remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “legal notice” on the Website or in any other agreement between you and TEL, these Terms, together with the Privacy Statement, constitute the entire agreement between you and TEL with respect to the use of the Website and any Product. These Terms shall be interpreted without any preference against the drafting party. The relationship between you and TEL is that of independent contractors.
Sections 13 – 15 below additionally apply to use of the Website:
Section 13. Cookies.
We employ the use of cookies. By using the Website, you consent to the use of cookies in accordance with our Privacy Statement, available at theequitylab.org/privacy. Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
Section 14. Parental Permission.
You must be over the age of 13 years (or above the relevant age of consent in your country) to use the Website and our Services. The Website is not directed to children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Section 15. Copyright Infringement and Designated Copyright Agent.
TEL may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Website that infringes the rights of others under U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyright work has been used on the Website in a manner that constitutes copyright infringement under U.S. copyright laws, please provide our designated copyright agent listed below with a written notice that includes the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
a description of where the material that you claim is infringing is located on the Website;
identification of the copyrighted work claimed to have been infringed;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
where relevant, an affirmative explanation of why you do not believe such use is fair use.
Address copyright inquiries and requests to:
The Equity Lab
info@theequitylab.org