1. GENERAL INFORMATION
Welcome to thecaveapproach.com, the website and online service of CAVE-Human Development Consultants, (“CAVE,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, websites (www.cave.edu.gr, www.thecaveapproach.com, ooppss.thecaveapproach.com), and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the CAVE Private Policy whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto: These terms of service (“Terms of Service”) govern your use of CAVE Questionnaires and Reports, CAVE websites, services and applications (the “Services”). By using or accessing the Services, you agree to be bound by these Terms of Service, as updated from time to time in accordance with Section 3 below. There may be instances when we offer additional terms specific to a product, application or service. To the extent such additional terms conflict with these Terms of Service, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “we,” “our” or “us,” mean CAVE Human Development Consultants.
2. YOUR AGREEMENT TO TERMS
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
3. CHANGES TO TERMS
From time to time, CAVE may change, remove, or add to the Terms, and reserves the right to do so in its discretion. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Please check the Terms of Service periodically for changes. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
4. PARTICIPATING IN THE CAVE COMMUNITY: Registered Users
By registering for an account through any of the Services, including securing a CAVE/ OOPPSS Login Service account, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). Services offered to registered users are provided subject to these Master Terms, the CAVE Privacy Policy, and any Additional Terms specified on the relevant Website(s), all of which are hereby incorporated by reference into these Terms.
Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged in connection with the CAVE/OOPPSS Login Service), (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
No Membership in CAVE: Creating a CAVE/OOPPSS Login Service account or using any of the related Websites or Services does not and shall not be deemed to make you a member, shareholder or affiliate of CAVE for any purposes whatsoever.
Termination: CAVE reserves the right to modify or discontinue your account at any time for any reason or no reason at all.
5. USING THE SERVICES
You acknowledge that use of the Services is for your personal use only, unless there is a license agreement between you and CAVE that allows you to make a different use of the Services, as specified in this agreement. Some Services may allow you to add your own original content or post your content in blog or user comment areas (“Your Content”). By submitting Your Content to the Services, you hereby grant CAVE a worldwide, royalty-free, non-exclusive, sublicenseable and transferable license to use, distribute, reproduce, prepare derivative works of, perform and display Your Content in connection with the Services and CAVE’ business, including without limitation for promoting the Services, in all media now known or hereafter devised through any media channels. You acknowledge that you shall use the Services as modified with Your Content. Any arrangement for third parties to have access to Your Content, will be also subject to these Terms of Service. You agree that you are solely responsible for your reuse of the content made available through the Services, including providing proper attribution.
We generally do not pre-screen, monitor or edit the content posted by users of the Services. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You are responsible for all activity that occurs under your account and you are solely responsible for maintaining the confidentiality of your access codes and account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information.
Remember that all information that is disclosed in blog, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content. Except as expressly permitted herein, you shall not (a) access the Services by any means other than instructions provided by CAVE, (b) use the Services for any illegal or unauthorized purpose, and (c) share with any third party any access codes or account information, including without limitation your username and password that you may create or CAVE may provide in connection with the Services.
6. PROHIBITED CONDUCT
You acknowledge that the Services are provided for educational, and personal development purposes only, and do not represent legal or psychological advice. You shall fully comply with local, state, and federal laws and regulations, including laws and regulations governing employment practices as well. In cases that you feel there is a conflict of the Services with the law, you shall comply with the applicable law. Also, in cases of doubt, you agree to seek competent legal and or psychological advice before taking any actions.
You agree not to engage in any of the following activities:
You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) Infringe or encourage other to infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party and (c) violate or encourage others to violate any right of or obligation to a third party, including by misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
You may not use or attempt to use another’s account or personal information without authorization; and
You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
7. OWNERSHIP
All rights (including without limitation, copyrights, trademarks, patents and trade secrets) in the Services and the content contained therein, other than Your Content, (“CAVE Content”) are and will remain the sole and exclusive property of CAVE and/or its licensors. No title to or ownership of any portion of the Services, the CAVE Content or any other products or services manufactured, sold and/or distributed or otherwise made available by CAVE, or any proprietary rights related to those products/services, is or will be transferred pursuant to or by virtue of this agreement. CAVE hereby grants you a limited, nonexclusive, nonsublicensable, revocable license to display and reproduce the CAVE Content (other than software code) solely for your personal use in connection with using the Services in accordance with these Terms of Service.
8. FEEDBACK
You may from time to time provide CAVE with suggestions, ideas or other feedback regarding the Services (“Feedback”). Both parties agree that CAVE shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.
9. CORRECTIONS
The Services may contain errors or inaccuracies and may not be complete or current. CAVE, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
10. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABILITY, AVAILABILITY OR FITNESS FOR AA PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE RESULTS OR PERFORMANCE OF THE SERVICES IS ASSUMED BY YOU. IN NO EVENT WILL CAVE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATIONLOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF CAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAVE DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CAVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
The terms of this section shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
11. INJUNCTIVE RELIEF
You agree that any breach of your obligations with respect to CAVE’s proprietary or intellectual property rights will result in irreparable injury to CAVE for which money damages are inadequate, and you therefore agree that CAVE shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAVE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAVE IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
CAVE MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USES IN YOUR LOCATION, AND ACCESSING THEM FROM LOCATIONS WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. IF YOU CHOOSE TO ACCESS THIS SITE FROM ANY SUCH LOCATIONS, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
13. INDEMNIFICATION
To the extent authorized by law, you agree to indemnify and hold harmless CAVE, its respective employees, officers, directors, licensees, affiliates, agents, representatives, and successors from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services. In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) control over the defense and settlement of such claim and (iii) proper and full information and assistance to settle or defend any such claim.
14. PRIVACY POLICY
CAVE is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy (link) which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information. CAVE will process and store profile information that you provide to us in accordance with this policy. CAVE may also send you service announcements, administrative messages and other information in connection with your use of the Services. You may opt out of particular communications. Where access to the Services has or will be provided to you through a third party (e.g. your organization, school etc.), then in accessing this Services you consent to CAVE:
15. TERMINATION
By CAVE: CAVE may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by CAVE at any time and for any reason with or without notice.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services (including use of your CAVE Login Service account) is automatically terminated upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Upon termination, all rights granted to you in these Terms of Service will immediately cease. To the extent that you have a subscription that extends beyond termination of these Terms of Service, unless such termination is due to your breach, the subscription shall remain in force for the period set forth in the subscription’s terms or subscription order. Any provision of these Terms of Service that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Service will survive.
16. MISCELLANEOUS TERMS
The laws of the country set forth below shall apply according to your country of residence, without regard to conflicts of law rules. The corresponding jurisdiction shall be the forum for adjudication of all disputes arising in connection with this agreement:
Choice of law: The Terms are governed by and construed by the laws of the Greece.
Dispute resolution: The parties agree that any disputes between CAVE and you concerning these Terms, and/or any of the Services may only brought in the state court of competent jurisdiction sitting in the Athens, Greece, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and CAVE as a result of the Terms or from your use of any of the Services.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and CAVE relating to this subject matter and supersede any and all prior communications and/or agreements between you and CAVE relating to access and use of the Services.