Terms and Conditions of Service
BECAUSE THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS,
PLEASE READ THEM CAREFULLY BEFORE USING THE "COUPLE CHECKUP."
This Agreement is made between PREPARE/ENRICH, LLC., a Minnesota
Corporation, with offices in Roseville, Minnesota (the "Company"), and the internet user
(the "User") of the Couple Checkup.
1. THE SERVICE
The Couple Checkup (the "Service") is a self-reporting measure
intended for a couple's personal use, and it is not intended to be used as a legal
document or as a formal psychological assessment tool. The Company makes no
guarantees or warranties, either express or implied, regarding the ultimate
relationship compatibility, relationship preparedness, or relationship
enrichment of the User and his or her partner.
By using the Service, the User agrees, without limitation or
qualification, to be bound by, and to comply with, these Terms and Conditions.
Either the User or the Company may terminate the User's account
at any time, for any reason, or for no reason at all, without explanation. Termination
is effective upon sending written notice to the other party. Use of the Service is
subject to compliance with these Terms and Conditions. The Company reserves the right
to immediately suspend or terminate the User's access to the Service, without notice,
upon the User's breach of this Agreement. In the event the User's access to the Service
is suspended because of the User's breach of this Agreement, the User agrees that all fees
then paid to the Company are non-refundable.
4. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SERVICE
The Company reserves the right to modify the Service from time to
time, for any reason, and without notice, including the right to terminate the Products
and Services. The Company reserves the right to modify these Terms and Conditions from
time to time, without notice. It is the User's responsibility to review these Terms and
Conditions from time to time so as to be apprised of any changes.
5. LIMITED SERVICES
The Company provides assessment services limited
solely to relationship enrichment, education, discussion, and research. By using the Service, the User
agrees to allow the Company to use the information received from the User to continue its research
into successful relationships. This research may be published in academic journals; however, all
User responses are kept anonymous, and no personal identifying information is ever published.
6. REGISTRATION AND CONFIDENTIALITY
Using the Service requires the User to register and provide certain data.
In consideration of use of the Service, in registering and providing data, the User represents
and warrants that the information provided is true, accurate, current, and complete (apart
from optional items). If the User provides any information that is untrue, inaccurate, not
current, or incomplete, or if the Company has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate
the User's account, refuse any and all current or future use of the Service, and retain any fees then paid.
The Company will keep confidential all information supplied to the
Company by the User, including credit card number(s) and other financial information, and shall use or
disclose such information only for the purposes for which such information was originally collected, or
as required by court order or applicable law. For additional information about the Company's collection
at the bottom of the homepage.
7. DUTY TO WARN
Because of the unique circumstances of the online Service, including but not limited
to the lack of direct, personal contact between the Company and the User, the User agrees that no "duty to warn"
arises under the terms of this Agreement and specifically indemnifies and releases the Company, its officers,
directors, employees, agents, and third parties from any "duty to warn" the User, as provided in Minn. Stat.
148.975, of the violent behavior, threat(s), or tendencies of any other person, including the User's partner.
8. LIMITED LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF
SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN
CONNECTION WITH THIS AGREEMENT, EXCEED THE FEE PAID BY THE USER FOR THE ACCOUNT.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR
RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS
WITH OTHER USERS OF THIS SERVICE.
9. DISCLAIMER OF WARRANTIES
THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY
DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH
THE SERVICE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE,
ERROR-FREE, OR THAT IT WILL MEET THE USER'S REQUIREMENTS, OR THAT ANY DEFECTS IN THIS SERVICE WILL BE CORRECTED.
THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY TO
The User will, at no expense to the Company, indemnify, defend, and hold harmless
the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities
and expenses (including reasonable attorney fees) relating to or arising from the User's use of the Service,
including any breach by the User of the terms of this Agreement. THE USER HEREBY AGREES TO WAIVE ALL LAWS
THAT MAY LIMIT THE EFFICACY OF GENERAL RELEASES.
11. USER MINIMUM AGE REQUIREMENT
The User must be 18 years of age to use the Service. When purchasing any of the
Company's products, or by registering for and using the Service, the User represents and warrants that the
User is at least 18 years of age. NOTICE: Certain material available on the Internet is not appropriate for
minors. To prevent or limit your children's access to such materials, a number of parental control protections
(such as computer hardware, software, or filtering services) are commercially available.
12. EXCLUSIVE USE
Upon registering for the Service, the User will create a username and password.
The User is responsible for maintaining the confidentiality of the username and password and is solely responsible
for all activities that occur under that username and password. The User's account is for personal use by the User
and his or her partner. The User may not authorize others to use the account, and the User may not assign or
otherwise transfer the account to any other person or entity. The User agrees to safeguard the username and
password used to access this site. The User agrees not to disclose or share his or her password with any third
party. The User authorizes the Company to assume that any person using the site with the User's name and password
is the registered User.
13. LICENSE; COPYRIGHT
Except as expressly provided herein, nothing within the Service, including these Terms
and Conditions, shall be construed as conferring any license to the User. The User acknowledges and agrees
that certain content available through the Service is protected by copyright, trademark, patent, or other
proprietary rights of the Company, its affiliates, licensors, and service providers.
Except as expressly provided to the contrary, the User agrees not to modify, alter,
or deface any of the trademarks, service marks, or other intellectual property made available by the Company
in connection with the Service. The User agrees not to hold himself or herself out as in any way sponsored by,
affiliated with, or endorsed by the Company, any of its affiliates, or any of its service providers. The User
agrees not to use any of the trademarks or service marks or other Content accessible through the Service of any
purpose other than the purpose for which such Content is made available to the User. The User agrees not to
defame or disparage the Company, the trademarks or service marks of the Company, or any aspect of the products
of the Service. The User agrees not to adapt, translate, modify, decompile, disassemble, or reverse engineer
the products or the Service or any software or programs used in connection with the products and the Service or
14. ONLINE CONDUCT
The User will use the Service in a manner consistent with any and all applicable
local, state, federal, and international laws and regulations, including, but not limited to, United States
export control laws. The User is not located in, under the control of, or a national or resident of any
country that the United States has (i) embargoed goods, (ii) identified as a "Specialty Designated National,"
or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is
void where prohibited.
15. THIRD PARTY ADVERTISERS
The User's correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, whether by official site "links" or by pop-up ads, including
payment and delivery of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between the User and such advertiser. The User agrees that the Company
shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
16. DISPUTE RESOLUTION
To resolve a complaint regarding the Service, the User agrees to first contact
the Company by clicking on the "Contact Us" button and expressing the User's concern. Any controversy
or claim arising out of or relating to these Terms and Conditions or any User's use of the Service shall
be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in St. Paul,
Minnesota, or any of its surrounding cities, and judgment on the arbitration award may be entered into in any state
or federal court in Minnesota having jurisdiction thereof. Any party seeking temporary or preliminary injunctive
relief may do so in any state or federal court in Minnesota having jurisdiction thereof. The state and federal
courts of Minnesota shall be the exclusive forum and venue to resolve disputes arising out of or relating to these
Terms and Conditions or any User's use of the Service. By using the Service and thereby agreeing to these Terms and
Conditions, the User consents to personal jurisdiction and venue in the state and federal courts in Minnesota with
respect to all such disputes.
17. CHOICE OF LAW
The laws of the State of Minnesota (regardless of conflicts of law principles)
shall govern this Agreement, and any dispute arising out of or relating to this Agreement shall be subject
to the exclusive jurisdiction of the federal and state courts of Minnesota., other than actions to enforce any
order or judgment entered by such courts.
18. ENTIRE AGREEMENT
This Agreement, which the User accepts upon registering for the Service, contains the
entire agreement between the Company and the User regarding the use of this Service. Unless otherwise explicitly
stated, the terms and conditions herein will survive termination of the User's use of the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
No provision hereof and no breach of any provision hereof shall be deemed waived by
any previous waiver of such provision or of any breach thereof, by any previous custom, practice or course of
dealing or by the Company's failure to object to provisions contained in any communication or order from the User.