Marilyn Price-Mitchell PhD LLC owns and operates the websites at rootsofaction.com and mpricemitchell.com (the “Websites”). The Websites provide educational resources, surveys, courses, consulting, speaking, and other services designed to provide insight into positive youth and adult development (the “Services”).
Use of the Sites. You agree not to modify, distribute, display, or exploit the contents of these sites in any way, except as authorized on this page and in any individual license(s) or subscriptions.
Although Marilyn Price-Mitchell PhD LLC will make reasonable efforts to ensure the accuracy of the sites, this may not always be possible. We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Please let us know if something goes wrong. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Everything on the Sites is provided to you “AS AVAILABLE” AND “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THESE SITES SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THESE IS SITES OR THE INFORMATION PROVIDED BY THESE IS SITES.
Limitation of Liability: In no event will Marilyn Price-Mitchell PhD LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from, relating to, or in any way connected to the Websites, including, but not limited to, the COMPASS Survey Materials or use of The Compass Advantage framework, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to Marilyn Price-Mitchell PhD LLC during the preceding twelve (12) month period preceding your claim; or (b) one hundred dollars ($100). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Responsible Conduct. You agree to act responsibly at these sites and to treat other members/visitors with respect. You agree not to use these sites to harass, harm, bully, troll, or abuse other people with directly or indirectly through information obtained from these sites. By using these sites, you agree to this policy. While using these sites, you cannot discriminate based upon any prohibited class or characteristic, including race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, veteran status, age or disability. Violations of this Terms of Service policy, including allowing children without adult permission or other unauthorized users, access to the sites, may result in termination of your access to the sites.
Termination and Restriction of Access: In our sole discretion, we may terminate or suspend your access to the Websites for breach of these Terms of Service, or for any reason we deem appropriate. Any cancellation or termination by you or us shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Websites may be discontinued at any time without notice or refund, except for services paid for and not yet rendered by us. We shall not be liable for any losses or damages arising from any such termination of service.
Limited License/Copyright and Intellectual Property Law Restrictions. All materials provided in emails or Web pages generated by Marilyn Price-Mitchell PhD LLC, including, but not limited to, information, documents, content, products, graphics, sounds, images, and software, are protected by Marilyn Price-Mitchell PhD LLC or its third party licensors’ copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Content Available on the Websites: The Websites and all content offered through them, including, but not limited to, text, articles, third party applications, photos, videos, graphics, the COMPASS Survey of Core Human Attributes, reports generated by surveys, online courses, and everything else you see, hear and use through the Websites (the “Content”) are intended to provide information only and are solely for your personal and non-commercial use. You may not copy, print, sublicense, transfer, or otherwise make available any of the Content to any third party for commercial purposes. You may not modify the COMPASS Survey Materials or graphics related to The Compass Advantage framework without first obtaining written permission from Marilyn Price-Mitchell PhD LLC.
Except to the extent required for the limited purpose of reviewing material on our sites, electronic reproduction, adaption, distribution, performance or display is prohibited.
We allow certain permissions to schools, nonprofit organizations, and parent educators who want to reproduce our materials per our reprint guidelines. Some of our free resources are licensed under a Creative Commons License: Attribution-NonCommerical-NoDerivatives 4.0 International. Those materials are clearly marked and give you the ability to download the resource and share it with others as long as you credit the author. You are not allowed to change the material in any way or use it commercially. If you have a question about reproducing particular content, ask us.
Marilyn Price-Mitchell PhD LLC respects the intellectual property rights of others and requires those that visit our sites to do the same. Marilyn Price-Mitchell PhD LLC may, in appropriate circumstances and at its discretion, remove or disable access to material on the Websites that infringes upon the copyrights of others. Marilyn Price-Mitchell PhD LLC also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to rootsofaction.com or mpricemitchell.com repeatedly infringe on others’ copyrights, Marilyn Price-Mitchell PhD LLC may in its sole discretion terminate those individuals’ rights to use the websites. If you believe we have posted infringing material, please contact us with the Take Down Request or email us at: [email protected].
Jurisdiction and Disputes. This Agreement shall be governed by the laws of Washington, and all disputes shall be resolved in the applicable State or federal courts of Western Washington.
Mediation: In the event of any dispute arising under this agreement, the matter shall be submitted first to mediation, conducted in Kitsap County, Washington. The terms and procedure for mediation shall be arranged by the parties to the dispute. Mediation costs will be paid by party seeking mediation.
Indemnification You agree to indemnify, defend and hold harmless Marilyn Price-Mitchell PhD LLC, their officers, directors, employees, agents, licensors, and any third-party providers of information or services to the sites from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms of Service, any unauthorized use of materials found on these sites or your violation of the intellectual property rights of Marilyn Price-Mitchell PhD LLC or any of those other parties. You agree to indemnify, defend and hold us harmless for any damages whatsoever in connection with the use of performance of Third Party Applications that may be found on our Websites as part of our services and Content.
Last Update: August 26, 2019.
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