This document sets forth the binding legal provisions (“Provisions”) that govern your interaction with, and access to, the online platform located at https://www.riotiq.com (our “Digital Platform”). These Provisions are a formal agreement between you, the user, and Psych Labs, LLC (referred to herein as “Psych Labs,” “we,” “us,” or “our,” as the context dictates). They encompass your use of any version of the Reasoning and Intelligence Online Test (“RIOT”) and all associated data visualization and analytical reporting functionalities (collectively, the “Service Suite”).
We reserve the exclusive right to modify these Provisions at any time, without prior written notification. All such changes become effective immediately upon their publication and will apply to all subsequent use and access of the Service Suite. The most current version of these Provisions will always be available for your review on the Digital Platform. Your continued engagement with the Service Suite after the posting of revised Provisions signifies your acknowledgment and acceptance of these changes. We encourage you to check this page regularly to stay informed of any updates, as they are binding upon you.
THIS DOCUMENT CONTAINS CRUCIAL DETAILS REGARDING YOUR RIGHTS AND RESPONSIBILITIES, ALONG WITH CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY PERTAIN TO YOU. PLEASE READ IT CAREFULLY.
THESE PROVISIONS MANDATE THAT DISPUTES BE RESOLVED THROUGH ARBITRATION, FOREGOING JURY TRIALS OR CLASS ACTIONS. THEY ALSO INCLUDE A CLASS ACTION WAIVER, REQUIRING ALL CLAIMS TO BE BROUGHT INDIVIDUALLY.
BY ACCESSING OR UTILIZING THE SERVICE SUITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE PROVISIONS, THEREBY ESTABLISHING A LEGALLY ENFORCEABLE CONTRACT.
YOU ARE PROHIBITED FROM ACQUIRING, ACCESSING, OR UTILIZING THE SERVICE SUITE IF YOU (A) DO NOT AGREE TO THESE PROVISIONS, (B) ARE NOT AT LEAST (I) 18 YEARS OF AGE OR (II) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH PSYCH LABS, OR (C) ARE PRECLUDED BY APPLICABLE LAW FROM ACCESSING OR USING THIS DIGITAL PLATFORM OR ANY OF ITS CONTENT OR SERVICES.
If you encounter any difficulties accessing the Digital Platform, please reach out to us via email at: support@riotiq.com
Subject to your full compliance with these Provisions, Psych Labs grants you a non-exclusive, non-sublicensable, non-transferable license to access and use the Service Suite for your personal benefit. Unless we provide explicit written consent otherwise, you are not permitted to disclose, make available, or utilize the Service Suite for any business or commercial purpose, or for the benefit of any third party. Except for the rights expressly granted herein, we do not grant, license, or transfer to you any ownership, title, interest, or other rights in the Service Suite, whether explicitly, by estoppel, or otherwise. No implied licenses are granted to you. All right, title, and interest in and to the Service Suite not expressly granted to you by these Provisions are reserved by us.
We may update the Service Suite and its content periodically. However, please be aware that the content is not necessarily complete or consistently current. Materials on the Digital Platform may become outdated at any given time, and we are not obligated to update such material.
We retain the unilateral right to amend, suspend, terminate, or otherwise deny access to all or part of the Service Suite, including any content we provide on or through the Digital Platform, at our sole discretion and without prior notice. We will not be liable if, for any reason, the Service Suite, in whole or in part, is unavailable at any time or for any duration. We may, from time to time, impose restrictions on your access to the Digital Platform, including certain parts or the entirety of the Service Suite.
You are responsible for two key aspects of accessing the Service Suite:
Making all necessary arrangements to ensure you can access the Service Suite.
Ensuring that anyone who accesses the Service Suite through your internet connection, direction, request, or instruction is aware of and complies with these Provisions.
To access the Service Suite, you may be required to furnish certain registration details or other information and pay a fee. Your use of the Service Suite is conditional upon all information you provide being correct, current, and complete. You agree that all information you provide during registration or otherwise, including via any interactive features on the Digital Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You agree to pay all fees and charges imposed for your access to and use of the Service Suite, in accordance with the pricing, taxes, and billing terms in effect at the time of your purchase. We reserve the right to change the pricing of the Service Suite at any time. We also reserve the right to refuse any order you place with us.
All rights, title, and interest in and to the Service Suite, including its entire contents, features, and functionality (such as all information, stimuli, timers, questions, software, text, displays, images, graphics, logos, trademarks, video, and audio, along with their design, selection, and arrangement), are held by Psych Labs, its licensors, or other providers of such material. These are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available through the Service Suite, except as specifically allowed:
Your computer may temporarily store copies of materials in RAM for viewing purposes.
You may store files automatically cached by your web browser for display enhancement.
You may disclose your score or other analysis generated by the Service Suite for you.
As explicitly permitted by these Provisions.
You are expressly prohibited from accessing or using any part of the Service Suite or materials available through it for any commercial purposes.
Should you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service Suite in violation of these Provisions, your right to use the Service Suite will cease immediately. At our option, you must then return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service Suite or any content available through it is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Digital Platform not explicitly permitted by these Provisions constitutes a breach and may violate copyright, trademark, and other laws.
You hereby grant Psych Labs a non-exclusive, royalty-free, transferable, irrevocable, perpetual, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensee) to fully use, practice, and exploit those non-assignable rights, title, and interest. This includes, but is not limited to, the right to make, use, sell, offer for sale, import, have made, and have sold all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, by Psych Labs through your use of the Service Suite.
“RiotIQ,” “Riot Labs,” “Psych Labs,” “RIOT,” the RiotIQ logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Psych Labs or its affiliates or licensors. You must not use such marks without the prior written permission of Psych Labs. All other names, logos, product and service names, designs, and slogans on this Digital Platform are the trademarks of their respective owners.
Your use of the Service Suite must be for lawful purposes only and in accordance with these Provisions. You agree not to use the Service Suite in any way that:
Violates any applicable federal, state, local, or international law or regulation (including, without limitation, laws regarding data or software export).
Exploits, harms, or attempts to exploit or harm minors, such as by exposing them to inappropriate content or requesting personally identifiable information.
Involves transmitting or procuring the sending of any unsolicited advertising or promotional material without our prior written consent.
Impersonates or attempts to impersonate Psych Labs, a Psych Labs employee, another user, or any other person or entity (e.g., by using associated email addresses).
Engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service Suite, or which, as determined by us, may harm Psych Labs or other users, or expose them to liability.
Additionally, you agree not to:
Use the Service Suite in any manner that could disable, overburden, damage, or impair its functionality, or interfere with any other party's use of the Service Suite, including their ability to engage in real-time activities.
Employ any device, software, or routine that interferes with the proper functioning of the Service Suite.
Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service Suite, its hosting server, or any server, computer, or database connected to it.
Launch denial-of-service attacks or use any other malicious code, tool, or exploit against the Service Suite.
Otherwise attempt to interfere with the proper working of the Service Suite.
Bypass or breach any security device or protection used by the Service Suite, or access or use the Service Suite in any way not permitted by these Provisions.
Use any robot, spider, or other automatic device, process, or means to access the Service Suite for any purpose other than web page indexing, including monitoring or copying any material.
Employ any manual process to monitor or copy any material on the Digital Platform, or for any other purpose not expressly authorized in these Provisions, without our prior written consent.
Use any manual or automatic process to copy, modify, or create derivative works or improvements of the Service Suite.
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available all or any part of the Service Suite to others.
Reverse engineer, disassemble, decompile, decode, adapt, modify, or otherwise attempt to derive or gain access to all or any part of the source code of the Service Suite.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
The information presented on or through the Service Suite is provided solely for general informational purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Service Suite, or anyone else who may be informed of its contents.
The Service Suite may include content provided by third parties. All statements and opinions expressed in these materials, other than content provided by Psych Labs, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Psych Labs. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.
If the Service Suite contains links to other sites and resources provided by third parties, these links are for your convenience only. This includes links in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your decision to access any third-party websites linked to the Service Suite is entirely at your own risk and subject to the terms and conditions of use for such websites.
You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Service Suite will be free of viruses or other destructive code. You are responsible for implementing sufficient controls to meet your particular requirements for anti-virus protection and data input/output accuracy, and for maintaining an external means for the reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE SUITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE SUITE IS AT YOUR OWN RISK. THE SERVICE SUITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PSYCH LABS NOR ANY PERSON ASSOCIATED WITH PSYCH LABS MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE SUITE. WITHOUT LIMITING THE FOREGOING, NEITHER PSYCH LABS NOR ANYONE ASSOCIATED WITH PSYCH LABS REPRESENTS OR WARRANTS THAT THE SERVICE SUITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE SUITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE SUITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PSYCH LABS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PSYCH LABS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE SUITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, along with their respective officers, directors, employees, contractors, consultants, agents, licensors, suppliers, successors, and assigns. This indemnification covers any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your violation of these Provisions or your use of the Service Suite. This includes, but is not limited to, any use of the Digital Platform's content, services, and products other than as expressly authorized in these Provisions, or your use of any information obtained from the Digital Platform.
The Service Suite operates from the United States of America. All matters related to the Service Suite and these Provisions, as well as any dispute or claim arising from or related thereto (including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Florida. This is done without giving effect to any choice or conflict of law provision or rule, whether of the State of Florida or any other jurisdiction.
Any legal suit, action, or proceeding arising out of or related to these Provisions or the Service Suite shall be brought exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade County. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Psych Labs may, at its sole discretion, require you to submit any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between Psych Labs and you arising from or relating in any way to your use of the Digital Platform to be resolved confidentially, exclusively, and finally by binding arbitration. In such a case, any claim shall be decided by confidential, final, and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. ANY ARBITRATION UNDER THESE PROVISIONS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY WITH RESPECT TO A CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM. OTHER RIGHTS YOU WOULD HAVE IN COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org/consumer or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The place of arbitration shall be Florida. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of Florida. The prevailing party shall be entitled to an award of reasonable attorney fees.
The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You may not assign any of your rights or delegate any of your obligations under these Provisions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Provisions.
Any delay or failure by us to enforce any right or provision of these Provisions, or any partial enforcement or course of dealing related to any right or provision, will not constitute a waiver of future enforcement of that right or provision. A waiver of any right or provision will be effective only if it is in writing and signed by a duly authorized representative of Psych Labs.
These Provisions are for your sole benefit. Nothing stated herein, whether express or implied, is intended to confer or shall confer any rights or remedies upon any person other than you under these Provisions.
To You: We may provide any notice to you under these Provisions by (i) sending a message to the email address you provide, (ii) by posting to the Digital Platform, or (iii) by postal mail, personal delivery, overnight courier, or registered or certified mail. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us: To give us notice under these Provisions, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to 121 NE 34th Street, Unit #2307, addressed “Attention: Legal Department”. We may update the address for notices to us by posting a notice on the Digital Platform. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Provisions is found to be invalid, illegal, void, or unenforceable, that specific provision will be deemed severed from these Provisions. This severance will not affect the validity or enforceability of the remaining provisions of these Provisions.
These Provisions, along with our Privacy Policy, constitute the final and integrated agreement between you and us concerning the matters contained herein.
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