We reserve the right to refuse a User’s access to the Services for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a User’s account for any reason. Such termination of your account will result in your loss of access to the Services. We will not be liable for any decision to suspend, terminate, or refuse service under any circumstances.
The Services are controlled and offered by us from our facilities in the United States of America. Except as indicated in these Terms and the Privacy Notice, we make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
3. Visitors to the Services and account Creation. You can visit the public sections of the Services without identifying yourself or providing personal information. In order to access some features of the Services, you will have to create an account. You may not have more than one (1) account without Tevera’s permission, and you must access the Services and non-public portions of the website through your account. The security and confidentiality of your account username and password are your sole responsibility. You shall ensure that no unauthorized person shall have access to your account, username, or password and shall immediately notify Tevera of any unauthorized access or use of which you become aware. You agree to bear all responsibility and liability for all actions under or through your account as well as all fees and/or charges incurred from the use of your account, whether authorized or unauthorized. You may update your account by changing the account settings.
5. Fees. We reserve the right, at any time, to change any fees or charges for Users (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you any applicable federal, state, local, sales, use, or other applicable tax as applicable or required by your Institution in addition to the fees charged, as applicable to the Services or any order placed through the Services, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties, or similar charges, only excluding taxes based on our income. If you have been granted access to the Services through your Institution, this provision may not apply to you.
9. Releases. You acknowledge and agree that (i) you are solely responsible and liable for your interactions with other Users of the Services, (ii) Tevera does not control the acts, omissions, policies, or procedures of other Users of the Services. Without limiting the foregoing, you understand the risks associated with the access to and use of the Services and any User Content and other data, content and materials made available through the Services, and acknowledge that you are using the Services and such other data, content, and materials at your own risk and that you are personally responsible for verifying their suitability for your needs through your own investigation. To the maximum extent permitted by law, Tevera is not liable for, and you hereby waive, release, relinquish and forever discharge Tevera, its employees, members, managers, governors, suppliers, agents, contractors, affiliates, representatives, successors and assigns (collectively, the “Tevera Parties”), from any and all claims, counterclaims, demands, causes of action, suits, liabilities, injuries to person or property (including, but not limited to, death, incapacity and disability), damages, losses, costs and expenses, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, arising out of or related to (a) your access to and use of the Services, (b) access to and use of any User Content and other data, content and materials made available through the Services, (c) and your interactions with other Users of the Services. You agree to not sue Tevera and the other Tevera Parties or assist any other person or entity in any suit against Tevera and the other Tevera Parties, with respect to any matters released in this Section. The terms of this release shall also apply to any of your relatives, next of kin, heirs, beneficiaries, employers, successors or assigns who assert or attempt to assert any claims on your or their behalf.
● Download, access, use or register for the Services if you are under eighteen (18) years old.
● Change or delete any copyright or proprietary notices from the Services.
● Use the Services or features to upload medical records or protected health information, except in limited circumstances where specifically defined for video assessment services.
● To impersonate or attempt to impersonate Tevera, a Tevera employee, another authorized User, or any other person or entity.
● Access or use the Services to send unsolicited commercial messages to any person, or to threaten, harm or harass another User’s account, use and/or access of the Services, including, but not limited to, attempting to gain access to another User’s account.
● Access or use the Services by artificial means or in a manner that, in Tevera’s sole discretion, would inflict an excessive load on Tevera’s or its suppliers’ hardware or software.
● Post, upload or transmit: (i) any data, content or materials meant to market or advertise services or products that are competitive with the Services, solicit any other Users of the Services for such purposes and/or use data, content or materials gathered from the Services for such purposes, (ii) any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of Tevera or a third party, (iii) any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of Tevera or a third party, and/or (iv) any disabling code (defined as computer code designed to interfere with the normal operation of the Services or Tevera’s or a third party’s hardware or software) or any program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Services or Tevera’s or a third
party’s hardware or software.
● Use the Services for any benchmarking, monitoring, or testing availability or performance, or any other competitive use, including, but not limited to, creating services, products or software that are substantially similar to the Services.
● Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure, or organization), modify or create a derivative work of the Services by any means whatsoever.
● Distribute, disclose, or allow use of any portion of the Services or your account in any format through any time sharing device, service bureau, network or by any other means, to or by any third party.
● Use or access any data, content, or materials for any purpose or in any manner other than real-time viewing (which prohibits, for example, screenshots, downloading and storing) unless expressly permitted by the features of the Services.
● Use or access the Services or any data, content or materials provided through the Services in violation of international, federal, state, or local law or other applicable rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the US and other countries). If you access the Services from outside the United States, you do so at your own risk and accept responsibility for compliance with laws of your jurisdiction.
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Tevera, may harm Tevera or Users of the Services or expose them to liability.
12. Accessibility and Updates. You are solely responsible for providing, maintaining, and ensuring compatibility with the access requirements for the Services, and all hardware, software, electrical or other physical requirements for use of the Services, including, without limitation, mobile devices, telecommunications and internet access, connections, web browsers or other equipment, programs and services required to download, access, and use the Services. If you have been granted access to the Service through your Institution, please direct accessibility questions to the Institution.
13. Third Party Content and Products. The Services may contain links to third party content and other third-party websites that are not owned or controlled by Tevera. Links are provided to online Users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by Tevera. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information, or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content.
18. Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Force Majeure. Tevera shall not be responsible for delays or failures of performance resulting from acts beyond its reasonable control. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, third party service providers, lockouts, riots, acts of war, acts of terror, pandemics, epidemics, government regulations, fire, communication line failures, power failures, earthquakes, and other disasters.
20. Personal Information. Tevera may collect your personal and non-personal information when you download, register for, access and/or use the Services. You agree that Tevera may collect, process, transfer, use and disclose your information in accordance with Tevera’s Privacy Notice which is incorporated herein by reference and deemed a part hereof.
21. Feedback. If you submit any ideas, concepts, feedback or related information concerning the Services to Tevera through the Services or by other means, you hereby grant, and/or warrant that the owner of such content or intellectual property has expressly granted to Tevera, a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable, sublicensable (through multiple tiers) license to reproduce, copy, use, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content or intellectual property in any media or medium, or any form, format or forum now known or hereafter developed.
24. Contact Information. Except as otherwise provided, notices under this Agreement shall be in writing and shall be deemed given three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested, or when received via electronic mail, in each case to the respective party as set forth below.
To Tevera: Tevera, LLC
——————–2321 Jack Breault Drive, Suite 300
——————–Hudson, WI 54016
To you: As specified in your account information.