Terms of Use

PLEASE READ THE FOLLOWING IMPORTANT LEGAL NOTICE CAREFULLY BEFORE USING CULTUREVISION®.

By using CultureVision® you are indicating your agreement to these Terms of Use and Privacy Policy (“Terms”). If you do not agree to these Terms, please do not use the site and exit now. Be Equitable may revise these Terms at any time by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of this web site following the posting of any revisions to these Terms will mean you accept those changes.

Disclaimers

The information provided on CultureVision® (“Services”) is not medical advice. Any information or materials provided through the services are intended for general informational purposes only and should not be construed as medical advice, medical opinion, diagnosis or treatment.

CultureVision® may contain hyperlinks to materials prepared by third parties and available at other web sites. Our inclusion of these hyperlinks does not necessarily indicate our affiliation with the hyperlinked entity or an endorsement of the information available at those web sites, and Be Equitable is not responsible for any third-party contents that are accessible through CultureVision®.

Intellectual Property Usage & Restrictions

The subscription holder (“Client”) is defined as the organization with an active CultureVision® subscription. “Authorized users” are defined as individuals who are either currently employed by or affiliated with Client and have an email address associated with Client’s email domain. Client may have up to the number of authorized users specified by their subscription tier. Authorized users may access and use the CultureVision® application.  In addition, Be Equitable™ grants to Client a revocable, limited license to access the web-based application within its IT systems (i.e. intranets, desk top access, etc.). Client shall not reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services or any other aspect of CultureVision® or technology (“Be Equitable™ Technology”).  Client shall not modify or create a derivative work of the Services or Be Equitable™ Technology without prior written permission of Be Equitable™.  No other rights are granted except as expressly set forth in the Agreement.  Be Equitable™ reserves all copyright and intellectual property rights not expressly granted to Client under this Agreement.  Client shall not use the Services or Be Equitable™ Technology for commercial purposes, since the Services are being licensed, not sold. Sharing user information, passwords, and/or in any other way granting access to CultureVision® beyond authorized users (including publication on a public website and/or login bypass with nonexclusive IP addresses) is strictly prohibited.

Termination

Either party may terminate a Client’s subscription if the other party breaches any of its material obligations and such breach is not cured within thirty (30) days of receipt of notice from the non-breaching party or (ii) if the other party becomes insolvent or bankrupt, is liquidated or dissolved, or ceases substantially all of its business. Client may terminate, without refund, solely for its convenience upon providing Be Equitable™ with thirty (30) days prior written notice. Neither party shall be liable for any damages resulting from a termination.

Indemnification

Client hereby agrees to indemnify and hold Be Equitable™ harmless from all losses and liability (including reasonable attorney’s fees) arising out of any claim or suit brought against Be Equitable™ by a third party resulting from Client’s improper use of  CultureVision®, unless such loss or liability is the direct result of Be Equitable™’s gross negligence or willful misconduct.

Warranties & Limitation of Liability

To the extent permitted by applicable law, the total cumulative liability of Be Equitable™, its licensors and suppliers arising out of this agreement and/or the termination thereof shall be limited to the sum of the amounts paid and owed during the relevant term to Be Equitable™ for the services provided hereunder, unless damages are the result of Be Equitable™’ gross negligence or willful misconduct, in which case the limitation of liability shall not apply. In no event shall either party hereto be liable to the other or any other person for any indirect, special, consequential or incidental damages, including without limitation, lost profits, however caused and based on any theory of liability, arising out of this agreement, the performance or nonperformance by either party of its obligations hereunder, and whether or not such party has been advised of the possibility of such damages.  Without limiting the foregoing, Be Equitable™ shall not be liable to Client or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of Client’s access to or inability to access the services, including for viruses alleged to have been obtained from the services, client’s use of or reliance on the services or any of the information or materials available on the services, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

Be Equitable disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no event shall Be Equitable be liable for any special, indirect, incidental, punitive, consequential, or exemplary damages relating to or arising from this web site whether or not either party had or should have had any knowledge, actual or constructive, that such damages might be incurred.

Copyright Notice

Except as otherwise indicated, this web site and its entire contents (including, but not limited to, the text, information, graphics, images, sound, animation and any other content) are owned by Be Equitable and are protected by domestic and international copyright, trademark and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are © Be Equitable™. All rights reserved.

Additional Terms

(a)  Be Equitable™ and/or its licensors are the sole owners of all right, title and interest of all Services and underlying intellectual property made available to Client.

(b)  Client may not, assign, directly or indirectly, all or part of its rights or obligations, whether by operation of law or otherwise.

(c)  In the event of any controversy or claim arising out of or relating to these Terms of Use, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules within the state of Texas. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association and Texas state law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

(d) Any and all notices required or contemplated under these Terms of Use shall be deemed duly given if  mailed by prepaid registered mail, or certified mail, return receipt requested, or delivered by a recognized commercial carrier addressed to the address last designated. All notices to Be Equitable™ shall be sent to:

Be Equitable

1000 N Post Oak Rd, Ste 220

Houston, TX 77055

Attn:  Director Client Experience

Client must notify Be Equitable™ of a change in address by emailing CultureVision@be-equitable.com.  Rejection or other refusal to accept or the inability to deliver because of a changed address of which no notice was given shall not affect the date of such notice, election or demand sent in accordance with the foregoing provisions.

Contact

If you have any questions about our Privacy Policy or Terms of Use, please email our Privacy Department at CultureVision@be-equitable.com.

The CultureVision@be-equitable.com inbox is monitored Monday-Thursday during normal business hours, excluding major US government holidays.

Terms of Use last modified on 9/18/2024.