Standards of Excellence Download

License Agreement


PLEASE READ THIS AGREEMENT CAREFULLY.  THE FOLLOWING TERMS AND CONDITIONS, LOCATED AT RADICALHOPEFOUNDATION.ORG/PRIVACY, GOVERN YOUR ACCESS AND USE OF RADICAL HOPE’S ASSESSMENT TOOL ("STANDARDS OF EXCELLENCE"). BY DOWNLOADING OR USING STANDARDS OF EXCELLENCE, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE APPLICABLE TERMS, DO NOT OBTAIN OR USE RADICAL HOPE’S STANDARDS OF EXCELLENCE.   

Terms of License and Service
These Terms (the “Agreement”) set forth the terms and conditions that apply to your use of STANDARDS OF EXCELLENCE, as further described below, which are made available to you by RADical Hope (“RADical Hope, Inc.”). BY DOWNLOADING AND USING STANDARDS OF EXCELLENCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING RADICAL HOPE’S INTELLECTUAL PROPERTY AND PRIVACY POLICIES, JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of STANDARDS OF EXCELLENCE.

1. PRIVACY POLICY
https://radicalhopefoundation.org/privacy/

2. RESTRICTIONS ON USE
RADical Hope’s STANDARDS OF EXCELLENCE is a proprietary assessment tool. You are granted a limited license to use STANDARDS OF EXCELLENCE subject to the terms of this Agreement.
RADical Hope may, in its sole discretion, discontinue or alter any aspect of STANDARDS OF EXCELLENCE, including, but not limited to, (i) restricting the amount of use permitted, or (ii) restricting or terminating any user’s right to use all or part thereof, at any time in RADical Hope’s sole discretion and without prior notice or liability. STANDARDS OF EXCELLENCE is owned by RADical Hope and contains material that is derived in whole or in part from material supplied and owned by RADical Hope and other sources (“Material”). Such material is protected by copyright, trademark and other applicable laws. Unless otherwise expressly provided, you may not modify or prepare derivative works based on any part of STANDARDS OF EXCELLENCE, but you may copy and distribute STANDARDS OF EXCELLENCE provided that such distribution is made with full attribution to RADical Hope. 

3. DISCLAIMER OF WARRANTIES
Material provided by RADical Hope is for your reference only and does not constitute medical or business advice, or an endorsement of any clinical or therapeutic method, treatment, service or organization. RADical Hope is therefore not responsible for any investments made as a result of your use of STANDARDS OF EXCELLENCE. RADical Hope is not responsible for the content produced by or the services rendered by any third party that is referenced or to which access may be provided via the Material. RADical Hope provides links and pointers to internet sites maintained by third parties (“third party sites”) and may from time to time provide third party materials on the service. RADical Hope does not operate or control in any respect any information, products or services on these third party sites. The service, the materials and products available in or accessible through the service, and the third party sites are provided “as is” and, to the fullest extent permissible pursuant to applicable law, RADical Hope disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied from a course of performance or course of dealing. RADical Hope does not warrant that the functions contained in such materials and products, or in the service, will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the service, including the storage services and their contents, or the server that makes them available, are free of viruses or other harmful components. RADical Hope does not warrant or make any representations regarding the use, or the results of the use, of the materials in the service or in third party sites or the services provided by third parties in terms of their correctness, accuracy, timeliness, reliability, completeness or otherwise.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Material, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of STANDARDS OF EXCELLENCE, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. 

4. LIMITATION OF LIABILITY
In no event shall RADical Hope be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of STANDARDS OF EXCELLENCE or with the delay or inability to use STANDARDS OF EXCELLENCE or otherwise arising out of the use of STANDARDS OF EXCELLENCE, whether based on contract, tort, strict liability or otherwise, even if RADical Hope has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that RADical Hope shall not be liable for any defamatory, offensive or illegal conduct of any user of STANDARDS OF EXCELLENCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

RADical Hope makes no warranties, nor shall RADical Hope be liable, for any claims related to or arising from your use of STANDARDS OF EXCELLENCE and the Material which: (a) has been modified by you, (b) has been combined by you with other products, services, text, content or materials, or (c) RADical Hope has otherwise notified you, in writing, not to use.  EXCEPT AS MAY BE OTHERWISE EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, RADICAL HOPE MAKES NO OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY REGARDING ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. INDEMNIFICATION
You agree to defend, indemnify and hold RADical Hope and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any misrepresentation made by you in connection with your use of STANDARDS OF EXCELLENCE; (b) any non-compliance by you with the terms and conditions of this Agreement; and (c) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of STANDARDS OF EXCELLENCE, including the information obtained through the STANDARDS OF EXCELLENCE.

6. OWNERSHIP AND INTELLECTUAL PROPERTY
RADical Hope retains all right, title, and interest in and to all of the copyrights, patent rights, trademarks, trade secrets, and all other proprietary rights in STANDARDS OF EXCELLENCE and the Material.  No rights are granted by this Agreement except the limited licenses specified in this Agreement. You do not acquire any copyright ownership or equivalent rights in or to any the Material or any other property of RADical Hope as a result of any license RADical Hope grants to you.  

7. TERMINATION
RADical Hope may, in its sole discretion, terminate your license to use STANDARDS OF EXCELLENCE. You may terminate your license hereunder upon thirty (30) days written notice by you to RADical Hope of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which RADical Hope may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to RADical Hope and its licensors.  

7. MODIFICATION
RADical Hope reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of STANDARDS OF EXCELLENCE. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you via e-mail or any other reasonable means. Continued use of STANDARDS OF EXCELLENCE by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, you and RADical Hope, and no one shall be a third party beneficiary to this Agreement. Although you acknowledge that RADical Hope will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts, U.S.A., regarding any and all disputes relating to this Agreement or your use of STANDARDS OF EXCELLENCE and the Material. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by RADical Hope to provide service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of RADical Hope. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Material. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

9. CREDIT LINE AND COPYRIGHT NOTICE
You shall include a copyright notice and credit adjacent to any reproduction of the Material, in the format: “© RADical Hope 2020. RADical Hope and Standards of Excellence are trademarks and/or service marks of RADical Hope, Inc.”  

10. TRADEMARKS  
Except for credits as required above, you may not use the trademarks or service marks of RADical Hope without its prior written consent.

11. SURVIVAL
Sections 2, 4, 5, 6, 9 and 10 shall survive termination or expiration of the Agreement.

12. MISCELLANEOUS
This Agreement and any listed restrictions constitute the entire agreement between the parties with respect to the subject matter hereof and merge all prior and contemporaneous communications.  This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of RADical Hope and you.  If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.  Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible.  This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that neither party may assign or transfer this Agreement (except for assignments to an affiliate or to a successor in interest by merger or operation of law, which will be permitted without the consent of the other party) without the other’s’ prior written consent.
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