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1. Terms of Service

Thanks for using XY Theory. XY Theory and the JRI Network (collectively,...

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1. Terms of Service

Thanks for using XY Theory. XY Theory and the JRI Network (collectively, “xytheory.com”, “jacobresearchinstitute.net”, “Forums” and “Blogs”) are the interactive online services operated by the Jacob Research Institute, LLC (herein referred to as “JRI”) on the Internet, consisting of information services and content provided by JRI, affiliates of JRI and other third parties.

These terms of service (the “TOS”) cover your use and access to the products, services, software, platform and Websites (collectively, the "Services") provided by the Jacob Research Institute, LLC (“JRI”) and any of our affiliates (collectively, the “Jacob Research Institute"). By using our Services, you agree to be bound by these Terms of Service as well as our Privacy Policy without modification of the terms, conditions, and notices contained herein (the “Terms”). If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

Your use of XY Theory constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

Privacy Policy

Your use of the Websites is subject to JRI's Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

Definitions

XY Theory, JRI, “we”, “us”, “our”: the Jacob Research Institute, LLC. User, “you”, “yours”: anyone who accesses the Websites and/or uses the Content and/or Services (as defined below).

Eligibility

Membership with JRI is void where prohibited. The Service is intended solely for users who are thirteen (13) years of age or older. In no event is use of the Service permitted by those under the age of 13. Any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of these TOS. By using the Service, You represent and warrant that You are 13 or older and that You agree to and to abide by all of the Terms and Use of these TOS.

Your Account

If you use the Websites, 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 JRI is not responsible for third party access to your account that results from theft or misappropriation of your account. JRI and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

JRI 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 Websites only with permission of a parent or guardian.

Membership

"Member" means any person who accesses XY Theory, JRI or establishes an account ("Account") for access to and use of any of the Websites contained within the JRI Network. The JRI Network includes xytheory.com, jacobresearchinstitute.net, Forums and Blogs, and other Websites that carry the JRI designation or are owned by the Jacob Research Institute, LLC.

Members are responsible for all use of their own Account, the integrity, confidentiality and security of their Account, and for ensuring that all use of their Account complies with the provisions of this Agreement.

Member Conduct

(A) Member shall use the JRI Network for lawful purposes only. Member shall not post or transmit through the JRI Network any material: (i) which violates or infringes in any way upon the rights of others; (ii) which is unlawful, threatening, discriminatory, hateful, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, racist, obscene, pornographic, or is otherwise objectionable; (iii) which encourages conduct that would constitute a criminal offense, gives rise to civil liability, suggests or condones any terrorist act or activity, or otherwise violate any law; (iv) which, without JRI’s express prior approval, contains advertising or any solicitation with respect to products or services; (v) or which advertises or performs any commercial solicitation, including, but not limited to, the solicitation of users to become Members of other online communities or Websites that are competitive with the JRI Network. Any conduct by a Member that, in JRI’s sole discretion, violates these Terms, restricts or inhibits any other Member from using or enjoying the JRI Network or any of its services will not be permitted. A Member’s account may be terminated at any time, without notice.

(B) The JRI Network contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the JRI Network are copyrighted as a collective work under the United States copyright laws. JRI owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Member may not publish, modify, or participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Member may download copyrighted material for Member’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of JRI and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Member shall not upload, post or otherwise make available on the JRI Network any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the JRI Network, Member automatically grants, or warrants that the owner of such material has expressly granted JRI the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Member also permits any other Member to access, view, store or reproduce the material for that Member’s personal use. Member hereby grants JRI the right to edit, copy, publish and distribute any material made available on the JRI Network by Member.

(D) Members are prohibited from violating or attempting to violate the security of the Websites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, using packet capture, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any packet directed toward our servers. You are also prohibited from: (a) downloading, copying, or re-transmitting any or all of the Websites or content without, or in violation of, an explicit written license with JRI; (b) using any data mining, robots or similar data gathering or extraction methods for any purpose other than collection of data for the sole purpose of providing a free, publicly-available text search engine (such as Google Search). Violations of system or network security may result in civil or criminal liability.

(E) Member shall not conduct any type of research on the JRI Network, or any Websites, service of the JRI Network, including the Forums at the JRI Network for the purpose of publication or to fulfill a set of educational requirements for an educational institution. Research prohibited includes: (i) naturalistic study of behaviors, members, or users of this Websites; or (ii) empirical, qualitative, or quantitative research of either scientific or non-scientific inquiry, for the purpose of publication, either publicly (for instance, in a peer-reviewed journal) or privately (for instance, a Master’s thesis or college research paper). Personal research for one’s own use is allowed.

(F) The foregoing provisions may be supplemented or superseded by specific provisions known as the "Community Guidelines" for any of the JRI Network’s online communities. When in conflict, the Community Guidelines provisions will take precedence over this Section.

Prohibited Use

You may not use the Websites, its Contents and/or Services for any illegal purpose or in any way prohibited by with these TOS. Your use of the Websites, its Contents and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations. You may not use the Websites, its Contents and/or Services in any manner which could damage, disable, overburden, or impair the Websites, its Content and/or Services or interfere with any other party's use and enjoyment of Websites, its Content and/or Services.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Websites.

Electronic Communications

Visiting the Websites or sending emails to JRI constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Websites, satisfy any legal requirement that such communications be in writing.

Service Order

Some portions of the Services may be provided free. Free Services provided by JRI are still subject to these TOS. In other cases, access to additional premium Services may be subject to Your agreement to pay fees. Such agreement shall be set forth in the order processing system which identifies the nature and amount of the premium Services that You are ordering, the term of such access, the fees charged for such Services, and other conditions related to such premium Services (a “Service Order”). The terms in a Service Order control over any conflicting or different terms and use in these TOS. Unless specifically stated, all fees are non-refundable, and We may terminate access to the premium Services immediately upon non-payment of such fees when due.

Links to third party sites/Third party services
JRI may refer, advertise, and/or offer for sale, via its Websites, Content or Services, certain third party services and/or products ("Third Party Services"), including, without limitation, links to other Websites ("Linked Sites"), or advertisement banners presented by third parties (“Ads”) that help us keep providing certain content and services free of charge or of discounted prices. JRI has no control over the Third Party Services and over visitor’s interaction with them. Terms of Use and information practices of these third parties are not covered by our policies. JRI is not responsible for the content of any Linked Site or information presented on any third party Ad included on our Websites. The inclusion of any link or Ad does not imply endorsement by JRI of any the Linked Sites or Ads, or any association with the operators of any of the Linked Sites.

JRI makes no warranties or representations whatsoever, expressed or implied, with regard to any Third Party Services, Linked Sites, and/or Ads. You will not consider JRI, nor will JRI be construed, as a party to any transactions relating to Third Party Services, Linked Sites, and/or Ads, whether or not JRI may have received some form of revenue or other remuneration in connection with the transaction, nor shall JRI be liable for any costs or damages arising out of or relating to, either directly or indirectly, the Third Party Services, Linked Sites, and/or Ads.

Third Party Accounts

You will be able to connect your JRI account to third party accounts. By connecting your JRI account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Intellectual Property Ownership, Copyright, Reservation of Rights
XY Theory®, the XY Matching Intelligence™ Tests, You’ve Been Tagged™ Test, the XY Personality Test™ (Basic), the XY Personality Test™ (Expanded Version), the XY Perception Test™ (Reluctant Partner), Tag Your Ex™ Test, XY Match™ Test for Couples, XY Certified Neuro-Behavioral Coach™, XY Dating Intelligence™ Workshops, 12-Step Relationship Management Program™, XY Personality™, Relationship Personality™, Personality Code™, XY Coaching™, XY Training™, XY Workshops™, XY Books™, the software of these tests, its algorithms, and all Content and Services of the Websites are Copyrights © of JRI or its licensors. All Rights Reserved.

XY Theory is a registered trademark with the United States Patent Office. The science of XY Theory and its algorithms are patent-pending with the USPTO. All of the intellectual property rights in the Websites and Content belong to JRI or its licensors. All Content of the XY Personality Management System is the intellectual property of JRI. The Products, their scoring algorithms, their report generation algorithms, and their software code are valuable intellectual property (trade secrets and confidential information) of JRI. You have no intellectual property rights in the Content, the Products, the Websites and any materials therein.

All Content is protected by law, including without limitation the copyright laws of the United States, Canada, and other countries, and by international treaty provisions. All rights not expressly granted are reserved by JRI and its licensors.

The unauthorized use of the Content will result in civil and criminal sanctions, including intellectual property proceedings, the pursuit of statutory damages, and all other recourse available to JRI.

No reverse engineering, modification, Websites automation or integration
You shall not reverse engineer, decompile, disassemble, approximate, or otherwise attempt to discover the source code, the scoring algorithms, or the reports generation algorithm of JRI Products, or any of the Content.

You shall not modify, adapt, translate, or create derivative works based upon the Websites, Content, and any materials provided on or as a part of Websites or Content. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of Websites, Content and/or Services.

You shall not embed, integrate, automate usage of, Products offered on JRI Websites, fully or partially, unless expressly permitted by JRI in writing.

No unlawful or prohibited use of Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites strictly in accordance with these TOS. As a condition of your use of the Websites, you warrant to JRI that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party's use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Websites, is the property of JRI 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. JRI 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 JRI 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 JRI or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by JRI from our 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 JRI Content accessed through the Websites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Collection of Personal Information

Testing with JRI’s XY Matching Intelligence™ Tests is anonymous - personally identifiable information (e.g. name and email address) is required in order to use the JRI Tests.

When you purchase services from JRI, or contact JRI, JRI obtains personally identifiable information such as your e-mail address, name, contact address and/or telephone number. Your name and email address may also have to be obtained in order to email your test or assessment results to you. (collectively the “Personal Information”)

JRI does not collect your credit card or your other method of payment information. Your payments to JRI are processed by PayPal and Infusionsoft, third party payment service providers. PayPal’s and Infusionsoft’s Terms and information practices are not covered by our policies.

Anonymous information about your network, hardware, software and Website usage activity that is automatically collected by JRI can include, without limitation, your IP address, your device type, your browser information, domain names, access times, referring websites’ addresses, Website pages you visit. Your responses to JRI questionnaires, surveys, and your personality assessment scores may be anonymously (i.e. without any personally identifying information attached to questionnaires and scores) collected by JRI. JRI may also collect anonymous demographic information, which is not unique to you, such as your country, city, zip code, age, gender, occupation, and preferences. (collectively the “Anonymous Information”)

Your name, email address, responses to JRI questionnaires, surveys and resulting scores may be saved in the JRI’s back end system, in order to generate result reports that you purchase or obtain from JRI.

Use of Personal Information
JRI does not sell, rent or lease its customers’ Personal Information.

The Personal Information is collected by JRI to deliver services that you have purchased and/or requested from JRI, provide test results to you, and provide customer support to you. JRI may use your contact information to inform you of other products or services available from JRI and its affiliates. JRI may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

JRI may share your contact information with trusted partners to send you email regarding the service you have requested, or provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to JRI and its clients.

JRI will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on JRI or the Websites; (b) protect and defend the rights or property of JRI; and, (c) act under exigent circumstances to protect the personal safety of users of JRI.

Use of Anonymous Information
The Anonymous Information is used by JRI for the operation, maintaining the quality, enhancements and analysis regarding use, of the JRI.com Web Site, Content, Products, and Services, and for research. The Anonymous Information may be collected by JRI or its service providers (e.g., Google Analytics or Google AdSense). The content and Ads that appear on the Web Site’s pages may be customized based on the information about the pages you visit, your geographic location based on your IP address, and/or results of your personality assessment. You grant JRI an irrevocable, perpetual, royalty-free right and license to use the Anonymous Information for, without limitation, quality assurance, personalizing content, research, marketing, new content, products and services.

Security of Personal Information

JRI takes steps to secure personal information from unauthorized access, use or disclosure. JRI keeps the personally identifiable information you provide on computers in a controlled environment, protected from unauthorized access, use or disclosure. Online payments are accepted via Infusionsoft and PayPal and protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Use of Cookies

When you visit the Websites, we or one of our third party service providers (e.g., Google Analytics) place a text file called a “cookie” in the browser directory of your computer’s hard drive. The Websites use cookies to help you personalize your online experience and provide certain features. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your browser, and can only be read by a web server in the domain that issued the cookie. One of the primary purposes of cookies is to provide a convenience feature. The purpose of a cookie is to tell the web server that you have returned to a specific page, or have been authenticated, or to personalize content based on result of a personality test you take on the Websites, or recall your specific information on subsequent visits. You have the ability to accept or decline cookies via your browser. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer, or delete cookies after using the Websites. Some browsers may provide “privacy” or “incognito” mode in which cookies are automatically deleted after closing the browser. If you choose to decline cookies, you will not be able to use certain features and fully experience the interactive features of the Websites.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from the JRI by opting out directly on the email or by contacting us at: support@jacobresearchinstitute.net

Termination/access Restriction
JRI reserves the right, in its sole discretion, to terminate your access to the Websites 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 State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Websites. However, JRI reserves the right to choose arbitration as a means to resolve any or all disputes with You. Use of the Websites are 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 JRI as a result of this agreement or use of the Site. JRI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JRI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by JRI 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 JRI with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JRI with respect to the Websites. 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.

Indemnification

You agree to indemnify, defend and hold harmless JRI, 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 Websites 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. JRI reserves the right, at its 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 JRI 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 Use, 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 arbitrators 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 Use, 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 regards to these Terms and Use or any disputes arising as a result of these Terms and Use, whether directly or indirectly, including Tort claims that are a result of these Terms and Use. 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 Use.

Class Action Waiver

Any arbitration under these Terms and Use 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 Employer 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, 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. THE JACOB RESEARCH INSTITUTE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE JACOB RESEARCH INSTITUTE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE JACOB RESEARCH INSTITUTE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, 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 THE JACOB RESEARCH INSTITUTE AND/OR ITS 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, 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 THE JACOB RESEARCH INSTITUTE OR ANY OF ITS 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Applicable Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Riverside, California, in all disputes arising out of or relating to the use of the Web Site, Content and/or Services. Use of the Websites, Content and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and JRI as a result of this agreement or use of the Websites, Content and/or Services. JRI performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JRI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites, Content and/or Services or information provided to or gathered by JRI 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 JRI with respect to the Websites, Content and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JRI with respect to the Websites, Content and/or Services. 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 that this agreement and all related documents be drawn up in English.

DMCA Contact

We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on JRI, you may contact our designated agent by email to dmca-complaint@jacobresearchinstitute.net or at the following address:

The Jacob Research Institute, LLC

ATTN: DMCA Complaint

12625 Frederick Street, I5-438

Moreno Valley, CA 92553

You must include the following information in your complaint:
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on JRI;
• your mailing address, telephone number, and if available, email address;
• a statement by you that you have a good faith belief that the use of the material on JRI is not authorized by the copyright owner, its agent, or the law;
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

Photo Credits

JRI makes use of a variety of photo services for its editorial imagery, including Big Stock Photo, Flickr, Adobe Photo, Free Digital Photos, Pixaby and ShutterStock. We appreciate their royalty-free licensing and access to high quality images that complement our editorial content.

Miscellaneous

(1) The Tests, Products, Services and Articles on the Websites are intended for entertainment, informational and educational purposes only and by no means can replace medical diagnoses or advice. Nor do we encourage users to make relationship and marital decisions based on the results of any of the Tests or Products offered. The services are offered without any expressed or implied warranties whatsoever. The contents of XY Theory are intended strictly for personal, non-commercial use.

JRI's objective is to provide first-rate information, self-growth tools and feedback. We regularly revise content to keep it accurate and up-to-date. However, the tools and information of JRI are neither exhaustive nor definitive and should not be relied on to suggest a course of treatment without the supervision of a professional. The tools or information of JRI should not under any circumstances replace a visit to a qualified mental health professional. You should not take the advice provided by JRI in lieu of advice provided by a qualified mental health professional; nor should you postpone treatment or stop seeing a mental health professional as a result of a visit to JRI.

Should you experience any emotional, mental, or physical problems, please see a qualified health care professional as soon as possible. If you are feeling suicidal, please call 911, your nearest police department, or a qualified health professional for immediate help. Use advice and feedback from JRI with caution and common sense, and keep in mind that the results provided may not apply to your particular situation, may overlook important factors and/or may not be accurate. In no event shall JRI, the editor/provider of the services, the various collaborators or the counselors and coaches that work with JRI be liable for any damages or consequences resulting from direct, indirect, correct or incorrect use of these services, even if the authors have been advised in advance of the possibility of such damages.

(2) If you provide JRI, its coaches and counselors with a narrative of your personal relationship experience, JRI may use your story for teaching purposes but will do so anonymously, changing names and places so that it would not be possible to identify your or characters in your story. Any information provided will be altered to protect the anonymity of each individual.

Modifications of These Terms of Service
JRI reserves the right, to make changes to these TOS from time to time, in its sole discretion. The updated TOS are available to the User via the Websites. You are advised to check the TOS before using Content and/or Services to determine whether any changes have been made thereto. If you do not agree to any changes in the TOS, please terminate these TOS immediately by (a) notifying JRI that you are unwilling to accept the changes to the TOS, and (b) by discontinuing your access to and use of Websites, its Content and Services. Your continued access to and/or use of the Websites, Content and/or Services constitutes your acceptance of these TOS and any changes thereto. The most current version of the Terms will supersede all previous versions. JRI encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
JRI welcomes your questions or comments regarding the Terms.

Email Address:
support@jacobresearchinstitute.net

Telephone number:
800.251.3603

Effective as of April 25, 2016

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2. Privacy Policy

Protecting your private information is our priority. This Statement of Privacy...

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2. Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the Jacob Research Institute, LLC (herein referred to as “JRI”) and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to The Jacob Research Institute include XY Theory and the JRI Network (collectively, the “xytheory.com”, “jacobresearchinstitute.net”, “Forums” and “Blogs”). The JRI websites are interactive online services Sites. By using the JRI Websites, you consent to the data practices described in this statement.

Collection of your Personal Information
The Jacob Research Institute may collect personally identifiable information, such as your name. If you purchase the JRI’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. The JRI may also collect anonymous demographic information, which is not unique to you, such as your age, gender, household income, political affiliation, race and religion. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by the JRI. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the JRI Websites.

The Jacob Research Institute encourages you to review the privacy statements of websites you choose to link to from the JRI so that you can understand how those websites collect, use and share your information. The Jacob Research Institute is not responsible for the privacy statements or other content on websites outside of the JRI Websites.

Collection of your Personal Information
Use of your Personal Information The JRI collects and uses your personal information to operate its Websites and deliver the services you have requested.

The Jacob Research Institute may also use your personally identifiable information to inform you of other products or services available from the JRI and its affiliates. The JRI may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

The JRI does not sell, rent or lease its customer lists to third parties.

The JRI may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. The JRI may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the JRI, and they are required to maintain the confidentiality of your information.

The JRI may keep track of the Websites and pages our users visit within the JRI, in order to determine what The JRI services are the most popular. This data is used to deliver customized content and advertising within The JRI to customers whose behavior indicates that they are interested in a particular subject area.

The JRI will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the JRI or the site; (b) protect and defend the rights or property of the JRI; and, (c) act under exigent circumstances to protect the personal safety of users of the JRI, or the public.Collection of your Personal Information 

Use of your Personal Information The JRI collects and uses your personal information to operate its Websites and deliver the services you have requested. 

The Jacob Research Institute may also use your personally identifiable information to inform you of other products or services available from the JRI and its affiliates. The JRI may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. 

The JRI does not sell, rent or lease its customer lists to third parties. 

The JRI may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. The JRI may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the JRI, and they are required to maintain the confidentiality of your information. 

The JRI may keep track of the Websites and pages our users visit within the JRI, in order to determine what The JRI services are the most popular. This data is used to deliver customized content and advertising within The JRI to customers whose behavior indicates that they are interested in a particular subject area. 

The JRI will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the JRI or the site; (b) protect and defend the rights or property of the JRI; and, (c) act under exigent circumstances to protect the personal safety of users of the JRI, or the public. 

Security of Personal Information

JRI takes steps to secure personal information from unauthorized access, use or disclosure. JRI keeps the personally identifiable information you provide on computers in a controlled environment, protected from unauthorized access, use or disclosure. Online payments are accepted via Infusionsoft and PayPal and protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.Security of Personal Information 

JRI takes steps to secure personal information from unauthorized access, use or disclosure. JRI keeps the personally identifiable information you provide on computers in a controlled environment, protected from unauthorized access, use or disclosure. Online payments are accepted via Infusionsoft and PayPal and protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. 

Use of Cookies
The JRI website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize the JRI pages, or register with the JRI site or services, a cookie helps The JRI to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same the JRI website, the information you previously provided can be retrieved, so you can easily use the JRI features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the JRI services or websites you visit.Use of Cookies 

The JRI website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize the JRI pages, or register with the JRI site or services, a cookie helps The JRI to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same the JRI website, the information you previously provided can be retrieved, so you can easily use the JRI features that you customized. 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the JRI services or websites you visit. 

Children Under Thirteen
The JRI does not knowingly collect personally identifiable information from children under the age of thirteen (13). The Service is intended solely for users who are 13 years of age or older. In no event is use of the Services permitted by those under the age of 13. Any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of the Terms of Service (“TOS”). By using the Service, You represent and warrant that You are 13 or older and that You agree to and to abide by all of the Terms and Use of these TOS.


Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from the JRI by opting out directly on the email or by contacting us here:support@jacobresearchinstitute.net


Changes to this Statement
The Jacob Research Institute will occasionally update this Statement of Privacy to reflect company and customer feedback. The JRI encourages you to periodically review this Statement to be informed of how the JRI is protecting your information.


Contact Information

The Jacob Research Institute welcomes your questions or comments regarding this Statement of Privacy. If you believe that the JRI has not adhered to this Statement, please contact the JRI at:Children Under Thirteen 

The JRI does not knowingly collect personally identifiable information from children under the age of thirteen (13). The Service is intended solely for users who are 13 years of age or older. In no event is use of the Services permitted by those under the age of 13. Any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of the Terms of Service (“TOS”). By using the Service, You represent and warrant that You are 13 or older and that You agree to and to abide by all of the Terms and Use of these TOS. 

Opt-Out & Unsubscribe 

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from the JRI by opting out directly on the email or by contacting us here: support@jacobresearchinstitute.net 

Changes to this Statement 

The Jacob Research Institute will occasionally update this Statement of Privacy to reflect company and customer feedback. The JRI encourages you to periodically review this Statement to be informed of how the JRI is protecting your information. 

Contact Information 

The Jacob Research Institute welcomes your questions or comments regarding this Statement of Privacy. If you believe that the JRI has not adhered to this Statement, please contact the JRI at:

Email Address:
support@jacobresearchinstitute.net

Telephone number:
800.251.3603

Effective as of April 25, 2016  

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