Welcome to the ImplicitSelf.com website (the "Site"). The Site is owned and operated by Madison Learning, LLC, a Washington limited liability company ("Madison Learning" or "we"). Your access and use of the Site and its content is subject to these Terms of Use and the ImplicitSelf.com Privacy Policy. By visiting or accessing the Site, you accept the provisions of these Terms of Use and the Privacy Policy.
We may modify these Terms of Use from time to time. Such changes are effective immediately upon posting to the Site, or such other period as required by applicable law. Please check the Terms of Use regularly for such changes, but in any event your continued access or use of the Site constitutes your acceptance of the provisions of the then-current Terms of Use.
We respect the privacy of visitors to the Site. Please review our Privacy Policy, incorporated as a part of these Terms of Use, for more information. The Site is not directed at children under age 13. We value the privacy and safety of children who may visit the Site, and will not knowingly collect personally identifiable information from any child under the age of 13.
The Site and the content available on or through the Site are not intended to substitute for face-to-face professional advice. You should not rely on the Site or its content to diagnose or treat any medical or mental health issue you may have, nor should you rely on the Site or its content to disregard any professional advice or to delay seeking such advice. If you are seeking professional advice, please contact a certified mental health or other professional. Your reliance on any information provided on or through the Site is solely at your own risk. Madison Learning, its officers, directors, employees and agents do not assume any liability or responsibility for damage to person or property, including any damage arising from use of content or information provided on or through the Site.
All materials on the Site, including the Assessment of Personal Goals ("APG") and all other text, graphics, logos, audio clips, digital downloads, data compilations, software and any other material or data used in connection with the Site (the "Content"); the selection, arrangement, and presentation of all Content (including information in the public domain); and the overall design of the Site are the property of Madison Learning and protected by United States and international copyright laws. Madison Learning grants you a personal, non-transferable and non-exclusive limited license to access and use the Site and to download and print a single copy of the Content solely for your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices, subject to payment of any applicable fees or consideration. Any other copying, use, distribution, publication, transmission or modification of the Content, whether in electronic or hard copy form, is strictly prohibited. This prohibition includes screen or database scraping for any purpose. You may not frame any Content or use the Madison Learning, ImplicitSelf or other trade names or trademarks of Madison Learning in any meta-tags or other hidden text without our prior written consent. You may link to the Site for non-commercial purposes only or as we may otherwise authorize in writing and provided that we reserve the right to demand that you remove any such link at our sole discretion.
Any suggestions for improving our products and services, or for new products or services, or creative, marketing or other types of proposals, ideas or know-how you choose to provide are not subject to the Privacy Policy and will not be treated as confidential. By submitting any suggestions, you agree that we may (but shall have no obligation to) use, modify, distribute, copy and otherwise exploit such suggestions in any manner, as we see fit, without restriction or limitation of any kind, and you grant to Madison Learning a perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that our use or alleged use of a suggestion infringes any of your rights.
If you believe any content posted on the Site infringes any person's copyright or other interest, please provide the following information, in writing and signed by you, to the address listed below:
Madison Learning, ImplicitSelf and any other names or designations of Madison Learning or its websites, publications, content or any products or services referenced on the Site, and the "look and feel" of the Site and color combinations, layout and other graphical elements of the Site, are the exclusive trademarks or servicemarks of Madison Learning. You may not use our trademarks in any manner without the express, prior written permission of Madison Learning. Other product and company names which appear on the Site may be subject to trademark or other rights of third parties.
You agree not to use the Site in any manner so as to (a) adversely affect the Site's resources or the availability of the Site to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which you reside; or (c) delete or revise any content on the Site. You further agree not to use the Site to harass any other person or to collect or store personal information about other visitors.
Third party websites or other resources accessed through links on the Site are not subject to our control, and you agree Madison Learning shall have no liability, direct or indirect, for any damage or loss incurred by you or any third party in connection with third party websites or resources accessed through links on the Site. Any opinions or recommendations expressed on such sites are solely those of the third party information providers and are not the opinions or recommendations of Madison Learning. No endorsement of third party products, services or information is expressed or implied by any information, material, advertisement or content referred to or included on, or linked from or to the Site.
These Terms of Use remain in effect until terminated by either you or Madison Learning. If you terminate these Terms of Use, you must immediately discontinue all access and use of the Site, and destroy all Content and any other materials downloaded from or otherwise obtained from the Site, and any copies and installations thereof. Madison Learning reserves the right to suspend or terminate your access to the Site or any portion of the Site, with or without notice, if you breach these Terms of Use or the terms of any agreement or obligation to Madison Learning, or if Madison Learning has grounds to believe you have committed such breach. Madison Learning may, in its sole discretion, discontinue providing the Site, in whole or in part, and with or without notice to you, and shall have no liability to you or any third party in connection with such discontinuation. Your right to access and use the Site shall terminate immediately upon notice to you that Madison Learning has terminated these Terms of Use, and you must promptly destroy all copies of content obtained from the Site in your possession or control, in whatever form.
MADISON LEARNING DOES NOT WARRANT THAT THE CONTENT AND MATERIALS POSTED ON OR ACCESSED THROUGH THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS OR TROJAN HORSES OR SIMILAR CODE OR ERROR-FREE, NOR DOES MADISON LEARNING MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN ON OR THROUGH THE SITE. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) MADISON LEARNING MAY MODIFY, DELETE OR SUPPLEMENT THE CONTENT, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE.
MADISON LEARNING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ADVISORS, CONSULTANTS AND ASSIGNS SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, DEATH OR PERSONAL INJURY) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE; ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE SITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF MADISON LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MADISON LEARNING'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE ANY BREACH OF THE TERMS OF USE OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OF USE OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY. MADISON LEARNING'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED $50.00.
You agree that you are personally responsible for your use of the Site and further agree to indemnify, defend and hold harmless Madison Learning from and against any loss, damage, expense or liability of any kind (including attorneys' fees and costs) resulting from your violation of any the Terms of Use or your use of or access to the Site, your communications with Madison Learning and/or your violation of the rights of any third party.
The Site is controlled and operated by Madison Learning from its headquarters in Seattle, Washington, United States of America. Madison Learning makes no representation that any Content or any other materials on or accessed through the Site is appropriate or available for use in other locations. If you access this Site from a location outside the United States of America, you do so at your own initiative and are solely responsible for compliance with all applicable laws of your jurisdiction.
These Terms of Use and any dispute that may arise between you and Madison Learning shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. The Terms of Use, as they may be amended from time to time, set forth the entire understanding of you and Madison Learning as to the subject matter. Any dispute relating in any way to these Terms of Use and/or your access or use of the Site or Content shall be submitted to and exclusively resolved by confidential arbitration before a single arbitrator sitting in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Madison Learning's copyright, trademark or other intellectual property rights, Madison Learning may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to the jurisdiction of and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Nothing contained in these Terms of Use shall be deemed to constitute you and Madison Learning as partners or joint venturers or constitute an employment or agency relationship between you and Madison Learning.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use shall remain in full force and effect, and all Terms of Use shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms of Use shall be valid unless in writing and signed by an officer of Madison Learning. Madison Learning may assign its rights and duties under the Terms of Use to any party, at any time, and without notice to you.
These Terms of Use constitute a written agreement between you and Madison Learning and a printed version of these Terms of Use and of any electronic notice pertaining to these Terms of Use shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
All rights not expressly granted herein are reserved to Madison Learning.
If you have questions about the Terms of Use or the Site or its content, please contact:
Madison Learning, LLC