Privacy Policy and Terms of Use

PRIVACY POLICY

Effective Date: November 20, 2015

Dr. Jacquelyn M. Marquette d/b/a “Marquette Index” (“Marquette”) respects the privacy of the users of this website, www.marquettestrenghtsindex.com, (the “Website”). This Privacy Policy defines how and when Marquette collects, uses, and shares the information you provide by accessing or using this Website. By access or using this Website, you agree to be bound by the terms of this Privacy Policy, and consent to the collection, maintenance, and use of your information in accordance with the terms of this Privacy Policy. If you do not agree to the terms of the Privacy Policy, do not access or use this Website or provide any content or personal information to Marquette.

Effective Date/Updates

The effective date of this Privacy Policy is listed above. Marquette may modify the terms of this Privacy Policy from time to time. Should Marquette make any immaterial changes, the effective date will be promptly revised, and such modifications shall be effective immediately upon their posting to the Website Should any material changes be made, Marquette will endeavor to provide at least thirty (30) days’ notice by prominently displaying a notice to users upon entrance to the Website stating that the Privacy Policy will be changed, identifying the manner in which it will be changed, and the date upon which the changes will go into effect. By accessing or using this Website, you agree to periodically review the Privacy Policy to be aware of any modifications, and your subsequent access to or use of this Website shall constitute your conclusive acceptance of the modified agreement.

Terms of Use

This Privacy Policy is incorporated into the Website’s Terms of Use by reference. The Terms of Use can be found here: PRIVACY POLICY. The Terms of Use and the Privacy Policy both apply to your access to and use of the Website and the Index (as defined below). Therefore, you should read both before accessing or using the Website or the Index.

How We Collect Information

Marquette collects personally identifiable and non-personally identifiable information that is provided to Marquette voluntarily by users when accessing or using this Website or the Marquette Index evaluation tools provided on the Website (the “Index”).

What Information We Collect and How It Is Used

Member Information

Before accessing and using the Index you must create a password protected user account in which you will or may provide the following personal information: (i) name; (ii) user name; (iii) password; (iv) email address; (v) gender; (vi) age; and (vi) company name.

This information will be used to establish a user account that is unique to you. Marquette may store this information in the event it is needed to access your user account. However, it is your sole responsibility to maintain and safeguard your user name and password, and to otherwise prevent the unauthorized access to or use of your user account by others through the use of your unique user name and password. Marquette assumes no responsibility for doing so. Other than to Marquette’s affiliates who have a need to know such information to support the operation of the Website, Marquette will not share your user name or password with others without first obtaining your permission to do so.

Your name and email address may be used by Marquette to communicate with you regarding the Website, the Index, and reporting any updates thereto or announcements therefor, as well as for requesting feedback from you regarding your experience with the Website and interacting with the Index. Your name and email address may also be used by Marquette for marketing purposes, such as informing you of Marquette’s other products and services, sharing Marquette’s blog and other information with you, notifying you of training and education sessions and seminars provided by Marquette. Other than to Marquette’s affiliates who have a need to know such information to support the operation of the Website, Marquette will not share your name or email address with others without first obtaining your permission to do so.

Your gender, age, and company name are being requested and collected so that Marquette may better understand the demographics of the users of this Website and the Index. That information may be used by Marquette to improve or modify the Website, the Index, and Marquette’s other products and services, for marketing purposes, including those mentioned elsewhere in this Privacy Policy, and for other internal business purposes. Other than to Marquette’s affiliates who have a need to know such information to support the operation of the Website, Marquette will not share your gender, age, and company name with others without first obtaining your permission to do so.

Assessment Responses

When interacting with the Index, you will provide responses to questions, assessments, and survey inquiries. Your responses will be saved in the application, in part, for you to later access that information. Additionally, your responses will be used to provide you with results and feedback based on your response. Moreover, response information may be used by Marquette to improve or modify the Website, the Index, and Marquette’s other products and services, for marketing purposes, including those mentioned elsewhere in this Privacy Policy, and for other internal business purposes. Should you engage Marquette to provide you with other products or services, your response information may also be used by Marquette when providing you with such other products or services. Other than to Marquette’s affiliates who have a need to know such information to support the operation of the Website, Marquette will not share your assessment responses with others without first obtaining your permission to do so.

Feedback

After you visit the Website or interact with the Index, but most commonly after you complete the Index and receive your results therefrom, Marquette may send to you, via email or otherwise, a request for your voluntary feedback. You may also voluntarily submit feedback to Marquette without prompting. Such information and feedback you provide may be used by Marquette to improve or modify the Website, the Index, and Marquette’s other products and services, for marketing purposes, including those mentioned elsewhere in this Privacy Policy, and for other internal business purposes. Marquette may also share the feedback you provide with others for the purposes of promoting the Website and the Index, whether on Marquette’s blog or elsewhere, and to solicit and obtain endorsements for the Website and the Index. However, when doing so, such feedback with be de-identified (i.e., disassociated with any personally identifiable information) and may be aggregated with feedback provided by, or data collected from, other users.

Payment Information

All transactions, including your payment information such as credit and debit cards, are processed through a payment service provider (which at this time is PayPal), and are not stored or processed on Marquette’s servers. You should review the terms and conditions and privacy practices of that service provider to better understand how such information is being collected, stored, and used. Marquette is not responsible for the collection, storage, and use of such information.

Log-In Information

Marquette collects, monitors, and tracks when you log-in to your user account. Marquette may use this information to understand how users interact with the Website and the Index in order to improve or modify the Website, the Index, and Marquette’s other products and services, for marketing purposes, including those mentioned elsewhere in this Privacy Policy, and for other internal business purposes. Other than to Marquette’s affiliates who have a need to know such information to support the operation of the Website, Marquette will not share your log-in information with others without first obtaining your permission to do so.

Information Storage and Security

This Website and all information you voluntarily submit is collected, stores, and processed in the United States. Marquette uses reasonable physical, electronic, and administrative security procedures and practices appropriate to the nature of the information to protect any personal information that Marquette maintains from unauthorized access, use, or disclosure. Although Marquette strives to protect users’ privacy, there are security and privacy limitations that are beyond Marquette’s control. Any information transferred to Marquette is done so at your own risk. Marquette cannot guarantee the security of Marquette’s database or of any information provided to Marquette.

External Links

This Website may contain links to other websites, applications, or services. Once you leave the Website, use of any information you provide on another website, application, or service is not governed by this Privacy Policy. Marquette is not responsible for the privacy practices or the content of such other websites, applications, or services.

Business Transfers

Notwithstanding the other provisions of this Privacy Policy, in the event all or a portion of Marquette’s business is sold or merged with another entity or business, your information may be transferred to such other entity or business as part of the business transfer or merger.

Legal Matters

Notwithstanding the other provisions of this Privacy Policy, Marquette may disclose information about you if Marquette has a good faith belief that such disclosure is necessary in order to: (a) protect and defendant the rights, property, or safety of Marquette, other visitors to the Website, or the public; (b) enforce the Terms of Use, or (c) respond to claims that such information violates or infringes upon the rights of another, whether contractual, legal, equitable, or otherwise. Marquette may also disclose information as Marquette deems necessary to satisfy or comply with any applicable law, regulation, legal process, or governmental request.

Contact

If you wish to contact Marquette regarding this Privacy Policy, you may do so by sending a message to: info@marquettestrengthsindex.com. You may also use this email to submit a request to review and correct the personal information that Marquette maintains about you.


TERMS OF USE

Effective Date: November 20, 2015

These Terms of Use govern and control your access to and use of this website, www.marquettestrenghtsindex.com (the “Website”), along with the Marquette Index evaluation tools provided on this Website (the “Index”), both of which are owned by Dr. Jacquelyn M. Marquette d/b/a “Marquette Index” (“Marquette”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR THE INDEX.

By clicking “I Agree” below, or otherwise accessing or using the Website or the Index, you agree to be bound by these Terms of Use. If you do not agree to all such terms and conditions, you may not access or use the Website or the Index. Marquette may also change or discontinue the Website or the Index, any feature thereof, or your access to or use thereof, at any time, without prior notice to you. IF YOU DO NOT AGREE TO THE FOREGOING AND THE FOLLOWING TERMS OF USE, DO NOT CLICK “I AGREE” BELOW OR OTHERWISE ACCESS OR USE THE WEBSITE OR THE INDEX.

  1. Ownership. You acknowledge and agree that Marquette or her licensor(s) (if any) own the Website and the Index, and that all rights, title, and interest in and to the Website and the Index, including, without limitation, all patent rights, copyrights, trademark rights, service mark rights, trade secrets, and all other intellectual property and proprietary rights (collectively, the “Rights”) belong exclusively to Marquette or her licensor(s) (if any). Unless otherwise expressly provided for in these Terms of Use, nothing in these Terms of Use should be construed as transferring any aspects of the Website, the Index, or the Rights to you or to any third party.

  1. License. Marquette hereby grants to you, and you hereby accept from Marquette, the limited, non-exclusive, non-transferable, non-sublicensable, and revocable right and license to access and use the current version of the Website and the Index in accordance with the terms set forth in these Terms of Use (the “License”).

  1. Restrictions on Use.

    1. Purpose. You may only access and use the Website and the Index for your own personal and non-commercial use. This permission includes the right to make a personal copy of the results you receive from using the Index to be used solely for your own personal and non-commercial use. Any commercial use or distribution of the Website or the Index by you is expressly prohibited. Additionally, you shall not use your access to or use of the Website or the Index to compete with Marquette or her products or services.

    1. No Copying. Unless as otherwise expressly provided for in these Terms of Use, you shall not copy, adapt, reverse engineer, decompile, disassemble, modify, or distribute, in whole or in part, any of the Website or the Index.

    1. No Third Party Misconduct. Unless as otherwise expressly provided for in these Terms of Use, you shall not permit, facilitate, or encourage, either directly or indirectly, any third party to take any action with respect to the Website or the Index that would constitute a violation of these Terms of Use if done by you directly.

    1. Lawful Purposes Only. You shall not access or use the Website or the Index in a manner that would violate any law or regulation of any locality, nation, state, or jurisdiction where the same is accessed or used, including, without limitation, laws and regulations concerning intellectual property, the privacy of individuals, and the exporting and importing of software or technology. It is your sole responsibility to know and comply with all applicable laws and regulations wherever derived when accessing and using the Website or the Index.

    1. Third Party Rights. You shall not access or use the Website or the Index in a manner that would violate the rights of another, whether those rights are afforded by law, by contract, or otherwise, including, without limitation, intellectual property rights, proprietary rights, rights of publicity or privacy, and contractual rights.

    1. Impair Rights. You shall take no action that impairs the Website, the Index, the Rights, Marquette, or the value, reputation, or goodwill of any of the foregoing.

    1. Accurate Information. The information you provide when accessing and using the Website and the Index shall be accurate and not misleading. Moreover, the information you provide shall be personal to you, or personal to an individual under the age of eighteen (18) (but over the age of thirteen (13)) for whom you serve as parent or guardian and form whom you are assisting with the Website or the Index.

  1. Payment. Your access to and use of the Index is conditioned upon your payment of the fee for doing so. You agree that such payment shall service as adequate consideration for Marquette’s provision of the Index to you. The payment process and terms are separate from and in addition to your acceptance of these Terms of Use.

  1. Privacy Policy. By accessing or using the Website or the Index, you also agree to be bound by Marquette’s Privacy Policy, located here: [INSERT LINK], which is incorporated into these Terms of Use by reference, and consent to the collection and use of your information as provided for therein. Moreover, this Website and the Index are not directed to children under the age of thirteen (13), and Marquette will not knowingly collect any personally identifiable information from children under the age of thirteen (13). You shall not use this Website or the Index if you are not older than thirteen (13) years of age. If you become aware that a child under the age of thirteen (13) has provided personally identifiable information through his or her access to or use of this Website or the Index, then you shall notify Marquette immediately of the same in writing by email to info@marquettestrenghtsindex.com.

  1. Representations and Warranties. You hereby represent and warrant that there is nothing, including, without limitation, an action, judgment, or contract, which would materially impact your ability to agree to these Terms of Use. You further represent and warrant that all information provided to Marquette through the Website or the Index will be accurate and not misleading.

  1. Termination. Your access to and use of the Website, the Index, or both, may be terminated at any time. Marquette is under no obligation or duty to continue to provide the Website or the Index, or to update either with current information. Marquette shall be relieved of any and all obligations regarding the Website, the Index, or both, as of the date of its expiration or termination, or as of the termination of your access thereto or use thereof.

  1. Limited Warranty. THE WEBSITE AND THE INDEX ARE PROVIDED AS INFORMATIONAL AND EDUCATIONAL TOOLS. WHILE MARQUETTE CERTAINLY HOPES THEY ARE HELPFUL TO YOU, THERE IS NO GUARANTEE THAT THE RESULTS OF YOUR ACCESS TO OR USE THEREOF WILL BE ACCURATE OR APPLICABLE TO YOU, OR THAT THE RECOMMENDATIONS PROVIDED THEREFROM WILL PRODUCE A SPECIFIC OUTCOME OR RESULT FOR YOU. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND THE INDEX IS AT YOUR SOLE RISK. MARQUETTE PROVIDES THE WEBSITE AND THE INDEX “AS IS,” AND MARQUETTE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES, REPRESENTATIONS, AND ENDORSEMENTS, WHATSOEVER, WITH RESPECT TO THE WEBSITE AND THE INDEX, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MARQUETTE DOES NOT WARRANT THAT THE WEBSITE OR THE INDEX WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS THEREIN WILL BE CORRECTED. YOU AGREE THAT THE FAILURE OF THE WEBSITE AND THE INDEX TO PERFORM IN ACCORDANCE WITH ANY SPECIFICATIONS PROVIDED BY YOU SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES CONTAINED HEREIN. THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE INDEX SHALL BE WITH YOU.

  1. Limitation of Liability. MARQUETTE SHALL NOT be liable to you, whether under contract, statute, tort (including negligence), or otherwise, for any indirect, incidental, consequential, exemplary, special, or punitive damages, even if MARQUETTE is notified in advance of such possibility. In any event, MARQUETTE’s liability under these terms of use, for any reason and upon any cause of action, shall be limited to THE AMOUNT PAID BY YOU TO ACCESS OR USE THE WEBSITE AND THE INDEX. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any tort. YOU acknowledge and agree that the remedies and limitations contained in these terms of use allocate the risk of nonconformity of the WEBSITE AND THE INDEX between the Parties, as authorized by applicable laws. The FEE CHARGED FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE INDEX, AND THE nature of the license provided for in these terms of use, reflects, and is set in reliance upon, this allocation of risk, AS WELL AS the exclusion of indirect, incidental, consequential, exemplary, special, and punitive damages AS set forth in these terms of use.

you understand and agree that you may be waiving rights to claims that are at this time unknown or unsuspected. you also acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or jurisdiction, which provides, or is similar in purpose to, as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” In those states which do not allow for the disclaimer of certain warranties and/or the exclusion or limitation of liabilIty for certain types of damages, MARQUETTE’s liabilIty shall be limited in those situations to the greatest extent permitted by law.

  1. Indemnification. You shall defend, indemnify, and hold harmless Marquette and her employees, staff, successors, and assigns from and against any and all liabilities, damages, losses, costs (including court costs), fees (including reasonable attorneys’ fees), fines, and penalties which arise from or are related to any claim, cause of action, lawsuit, or other proceeding that involves your access to or use of the Website or the Index: (a) in a manner that violates these Terms of Use, or exceeds the License or other permissions provided for herein; (b) which infringes or violates any law or regulation of any locality, nation, state, or jurisdiction; or (c) which infringes or violates any right of another, including, without limitation, Marquette or her licensors, whether afforded by law, by contract, or otherwise, including, without limitation, intellectual property rights, proprietary rights, rights of publicity or privacy, or contractual rights.

  1. Trademarks and Publicity. Marquette’s trademarks and service marks, whether registered or unregistered (collectively, the “Marks”), are the sole and exclusive property of Marquette. You shall not use the Marks in any manner without first obtaining the express written permission from an authorized representative of Marquette to do so. Under no circumstances may you disparage or bring into disrepute the Marks, the Website, the Index, Marquette, or any of Marquette’s licensor(s) (if any).

  1. Independent Parties. These Terms of Use do not authorize (expressly or impliedly) either party to act on behalf of the other party, or to hold itself out as an agent or representative of the other party. The parties are independent contractors of one another, and these Terms of Use shall not be construed as constituting either party as a partner, joint venture, or fiduciary of the other party. Nothing in these Terms of Use shall prevent, or shall be construed to prevent, Marquette from contracting, or otherwise dealing, with any other party.

  1. No Third Party Beneficiaries. Nothing in these Terms of Use is intended to, nor shall create, any third party beneficiaries, whether intended or incidental, and neither party shall make any representation to the contrary.

  1. Contact. In the event you desire to contact Marquette, all communications shall be sent to the following email address: info@marquettestrengthsindex.com

  1. Governing Law; Jurisdiction; Venue. These Terms of Use, any subsequent amendments or modifications to these Terms of Use, and your access to and use of the Website and the Index, shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its or any other jurisdiction’s conflict of laws rules or principals. You irrevocably agree that any legal action, lawsuit, or proceeding brought to enforce or interpret these Terms of Use, or arising from or related to these Terms of Use, or your access to or use of the Website or the Index, shall be brought solely and exclusively in the courts located in Jefferson County, Kentucky. You irrevocably consent to the sole and exclusive jurisdiction of such courts. You hereby waive any objection to any such legal action, lawsuit, or proceeding in such courts on the grounds of lack of subject matter or personal jurisdiction, improper venue, or inconvenient forum.

  1. Remedies. Any breach of these Terms of Use by you is likely to result in immediate and irreparable injury to Marquette in an amount that is difficult to ascertain. Therefore, in the event of a breach, or threatened or anticipated breach, of these Terms of Use by you, Marquette shall be entitled to proceed directly to court to obtain the remedies of specific performance or injunctive relief without being required to post a bond or assume any other undertaking therewith. Additionally, Marquette shall be entitled to obtain any other remedies available to Marquette (whether equitable, legal, or otherwise), in addition to the remedies of specific performance or injunctive relief as provided for herein. Moreover, Marquette’s remedies shall be cumulative, and Marquette’s pursuit or obtainment of one remedy shall not preclude or prevent it from pursuing or obtaining any other remedy

  1. Attorneys’ Fees. In the event Marquette initiates an action or proceeding to enforce or interpret these Terms of Use, and Marquette is successful in such action (with success being defined as obtaining a final judgment or ruling on any claim or cause of action that is favorable to Marquette), you shall pay all of Marquette’s court costs and reasonable attorneys’ fees incurred by Marquette to initiate and pursue such action or proceeding, without an apportionment as to specific claims or causes of action.

  1. Miscellaneous.

    1. Assignment and Delegation.  You shall not assign your rights or delegate your obligations under these Terms of Use without first obtaining the express prior written permission from an authorized representative of Marquette to do so.

    1. Amendment. The effective date of these Terms of Use is listed above. Marquette may modify these Terms of Use from time to time, and at Marquette’s sole discretion. Should any modifications be made, the effective date will be promptly revised, and such modifications shall be effective immediately upon their posting to the Website. By accessing or using this Website, you agree to periodically review these Terms of Use to be aware of any modifications, and your subsequent access to or use of this Website shall constitute your conclusive acceptance of the modified Terms of Use.

    1. Severability.  Should any term or provision of these Terms of Use be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, and provisions shall not be affected thereby, and any such illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of these Terms of Use.  In such event, each party hereby agrees that a court of competent jurisdiction may impose any lesser restrictions that it considers appropriate to protect the interests of the parties, as may be applicable.

    1. Waiver.  No waiver by Marquette of any obligation of or breach of these Terms of Use by you shall be deemed or considered a waiver of any other obligation of or breach of these Terms of Use by you, or of any other term, condition, or provision of these Terms of Use, or of any claim to which Marquette is entitled under these Terms of Use.  Similarly, a failure by Marquette to raise a claim to which it is entitled under these Terms of Use shall not be deemed a waiver of any other claim entitled to Marquette, or a waiver of any breach of these Terms of Use, or a waiver of any other right, part, term, or provision of these Terms of Use.

    1. Headings.  The headings used in these Terms of Use have been included for convenience only, and in no way limit or define the scope of these Terms of Use, and shall be given no legal effect.

    1. Binding Effect.  These Terms of Use are binding upon and shall inure to the benefit of each party hereto, and each of their respective successors, heirs, and assigns (as may be applicable and permitted herein).

    1. Validity.  You agree that these Terms of Use, and any subsequent amendments and modifications to these Terms of Use, constitute a valid and enforceable contract, as well as the complete and exclusive statement of the agreement between the parties regarding the subject matter hereof. Additionally, these Terms of Use shall supersede any and all prior or contemporaneous proposals, understandings, communications, and statements of intention between the parties, whether written or oral, relating to the subject matter hereof.