End User License Agreement for the Online Survey
The Online Survey is part of www.theMUSICmodel.com (the “Site”). You must agree to all of the terms and conditions set forth in the Site Terms and Conditions (available at www.theMUSICmodel.com and provided below) and in this End User License Agreement for the Online Survey (this “Agreement”) between you and Brett Jones.
The Online Survey may NOT be used for commercial or for-profit purposes unless explicitly authorized in writing by Brett Jones (see the Site Terms and Conditions for more information).
You agree to and affirm that you will provide all of the requested Online Survey information accurately and completely, and you will not misrepresent your identity or your institutional or corporate affiliation. You grant to Brett Jones a nonexclusive right to collect, process, use, and maintain indefinitely all the information you provide through the Site. Any misrepresentation, as determined by Brett Jones’ sole discretion, shall be deemed a breach of this Agreement and grounds for immediate termination of this Agreement in accordance with its terms and without notification. Upon Brett Jones’ reasonable request, you agree to promptly report, in writing, the current or intended future use of the Site information in order for Brett Jones to verify your compliance with this Agreement.
To use the Online Survey, you will be emailed a link (a URL [Uniform Resource Locator]) to a survey that you can provide to students in order to collect their perceptions of your course. Information provided by students through the Online Survey will remain confidential but may be viewed by Brett Jones and his personnel in the process of collecting, processing, and distributing the findings to you. Personal information, such as student names, will not be requested of students on the survey. You grant to Brett Jones a nonexclusive right to collect, process, use, and maintain indefinitely all the information your students provide through the Site and Online Survey. All information collected through the Site and Online Survey, and any findings generated from the information, may be permanently deleted at any time.
Brett Jones retains all rights in and related to the information collected through the Site and Online Survey. Brett Jones will not disclose any confidential information received through the Site or Online Survey to any person other than his personnel or representatives whose access is necessary to enable it to exercise its rights or perform its obligations under the Agreement and who are under obligations of confidentiality. Non-confidential information collected through the Site and Online Survey may be shared in presentations and publications by you and by Brett Jones and his personnel.
You will defend Brett Jones against claims brought against Brett Jones and his personnel by any third party to whom you provide the Online Survey URL. You will indemnify Brett Jones against all damages finally awarded against Brett Jones and his personnel (or the amount of any settlement you enter into) with respect to these claims.
This Agreement shall commence and become effective and binding when you accept the Site Terms and Conditions and this Limited Use License Agreement by clicking on the “I agree” checkbox and shall continue until terminated by Brett Jones in accordance with the provisions of this Agreement. Other applicable conditions related to the term and termination are provided in the Site Terms and Conditions.
Site Terms and Conditions
User Agreement
The www.theMUSICmodel.com website (the “Site”) is comprised of various web pages operated by Brett Jones. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Certain areas of the Site may be subject to additional terms and conditions of use. By using such areas, or any part thereof, you agree to be bound by the additional terms and conditions of use applicable to such areas. In the event that any of the additional terms of use governing such areas conflict with these terms and conditions, the additional terms will govern.
The purpose of the Site is to provide instructors, students, researchers, and others with resources related to motivation and other educational psychology topics.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Brett Jones that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site “Materials” (i.e., the text, the images, the graphics, the User Guide for Assessing the Components of the MUSIC® Model of Motivation, the online survey, the publications, etc.) or any portion of the Materials, directly or indirectly, for any commercial or for-profit purposes unless explicitly authorized in writing by Brett Jones. You may not make available, distribute, publish, sublicense, assign, rent, lease, sell or otherwise transfer the Materials or any portion of the Materials to any third party. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All Materials included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brett Jones or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Brett Jones’ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Brett Jones and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brett Jones or our licensors except as expressly authorized by these Terms.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Brett Jones and Brett Jones is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brett Jones is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brett Jones of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.theMUSICmodel.com domain, you hereby acknowledge and consent that Brett Jones may share such information and data with any third party with whom Brett Jones has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site users and customers.
Electronic Communications
Visiting the Site or sending emails to Brett Jones constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that are provided to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Brett Jones does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
International Users
The Service is controlled, operated, and administered by Brett Jones from offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Brett Jones Content accessed through www.theMUSICmodel.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Brett Jones, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Brett Jones reserves the right, at his own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brett Jones in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Brett Jones agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRETT JONES AND/OR HIS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BRETT JONES AND/OR HIS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRETT JONES AND/OR HIS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRETT JONES AND/OR HIS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRETT JONES OR ANY OF HIS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE DOWNLOADING OF ANY MATERIALS OR OTHER INFORMATION OR CONTENT FROM THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Brett Jones is not responsible for third party access to your account that results from theft or misappropriation of your account. Brett Jones and his associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in his sole discretion.
Termination/Access Restriction
Brett Jones reserves the right, in his sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brett Jones as a result of this agreement or use of the Site. Brett Jones’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brett Jones’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Brett Jones with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brett Jones with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Brett Jones with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Brett Jones reserves the right, in his sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Brett Jones encourages you to periodically review the Terms to stay informed of the updates.
Contact
Brett Jones welcomes your questions or comments regarding the Terms. He can be contacted by email at brettdjones@gmail.com.
Effective as of February 01, 2022