Website Terms and Conditions of Use and Privacy Policy

By accessing the websites of Patmos LLC (“Patmos”) located at www.mygameplan.org or at www.patmosconsulting.com or at any other related internet address (collectively, the “Site”), you (“User”) agree, in your individual capacity and on behalf of any entity you may represent, that the User has read and agrees to these Website Terms and Conditions of Use (the “Agreement”).

1. Intellectual Property Ownership. Patmos is the sole and exclusive owner of all intellectual property rights in and to the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property rights or intangible assets recognized under any laws or international conventions. Unless otherwise agreed to by Patmos in writing, Patmos may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.

2. Limited License to Use Materials Provided on the Site.  Patmos grants User a limited license to use the materials made available on the Site only in accordance with the User’s agreements with Patmos, if any, and for no other purpose whatsoever.  IN NO EVENT MAY USER USE THE SITE MATERIALS IN ANY SERVICE OFFERING FOR ANY THIRD PARTY UNLESS APPROVED BY PATMOS IN ADVANCE IN WRITING.  User acknowledges that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of Patmos.  Unless otherwise provided in a written agreement executed by Patmos, Patmos, in its sole discretion, may revoke this license at any time without prior notice to User and without liability to Patmos.

3. User Conduct.   As a condition of use of the Site, User represents and warrants that User shall not use the Site for any purpose that is unlawful or prohibited by this Agreement or any other agreements with Patmos.  User agrees to abide by all applicable local, state, national and international laws and regulations and User shall be solely responsible and liable for all acts or omissions that occur while User or any agent of User accesses the Site.  By ways of example, and not as a limitation, User agrees:

  • Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
  • Not to interfere with or disrupt the Site networks or servers;
  • Not to delete any legal notices, disclaimers or proprietary notices;
  • Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;
  • Not to interfere with any payments or transactions processed through the Site; or
  • Not to interfere with Patmos or another authorized party’s use and enjoyment of the Site.

Patmos has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, Patmos reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of Patmos.  User shall immediately notify Patmos of any breach of this Agreement.

4. Links to Third Party Web Sites.  Patmos may provide reference or hyperlinks to third party Web sites as a convenience to Users of the Site.  Patmos does not control third party Web sites and is not responsible for the contents of any referenced or linked-to, third party Web sites or any hyperlink in a linked-to site or the content or use thereof.

5. Indemnification. Unless otherwise provided in a written agreement executed by Patmos, User shall indemnify, defend and hold Patmos and its affiliates, officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of this Agreement by User, User’s use of the Site or information provided by the Site.

6. Disclaimer. THE SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PATMOS DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  PATMOS MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION SUPPLIED.   PATMOS DOES NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE OR VIRUS FREE.  USER USES THE SITE AND ALL SITE INFORMATION AT USER’S OWN RISK.

7. Limitation of Liability. IN NO EVENT SHALL PATMOS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR FOR INFORMATION CONTAINED THEREIN, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the total liability of PATMOS, or its officers, directors, employees, shareholders, members and agents, under this Agreement, regardless of the form of claim or action, exceed in the aggregate of one hundred dollars ($100.00).

8. Copyright Infringement Notice. Pursuant to Title 17, United States Code, §512(c)(2), notifications of claimed copyright infringement must be sent to Patmos’ Designated Agent. Patmos’s Designated Agent email is jhilley@patmosconsulting.com.

9. Force Majeure. Patmos shall not be liable for delay or failure in any of its performance or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.

10. Jurisdiction and Governing Law. This Agreement shall be construed, governed and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). User agrees that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Nashville, Tennessee.  Each party hereby consents and submits to the in personam jurisdiction of such courts and, to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law and that the prevailing party shall be entitled to recover all attorney’s fees and expenses.

11. Severability. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.

12. Waiver. No waiver of any breach of a provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.

13. Modifications. Patmos may modify this Agreement at any time, at its discretion, and modifications are effective upon being posted on the Site. User is responsible for reviewing this Agreement to ensure that User is aware of any changes made to the Agreement.

Privacy Policy

The following is the privacy policy for the Patmos, LLC site and for all of its business intelligence tools including the “Organizational Resiliency Gamepan.” In this policy, Patmos, LLC (“Patmos”/”Patmos Consulting”) describes what personal and organizational information Patmos collects on our site, how Patmos uses it, and your options regarding information Patmos may collect about you. Where more details are needed to explain our privacy practices as to a particular Patmos product or service, we may post separate privacy notices to describe how a particular Patmos product or service processes personal information which is accessible from the tab marked “Privacy Policy” in the section “new privacy notices”. If you have questions about this policy, please feel free to contact us at: www.patmosconsulting.com.

If you choose to e-mail us and provide personally identifiable information about yourself, Patmos will use this information only to respond to your inquiry. Patmos will not sell, rent or otherwise disclose that information to third parties unless such disclosure is necessary for the purposes set forth in this Policy, by law or a policy or notice contained or associated with a specific Patmos product or service.

VOLUNTEERED INFORMATION AND USE OF INFORMATION

When you license or subscribe to our application or complete an online registration on our site, Patmos, LLC collects personal information from you which may include:

  1. name and email address;
  2. billing information, including credit card information and your shipping address;
  3. information concerning software programs downloaded, products and content licensed, accessed, or downloaded through Patmos products or services;
  4. location information (such as zip code or postal code and country);
  5. the IP Internet (IP) address and URL of the Web site that sent you to the log in pages for the Patmos tools;
  6. demographic information provided by you (such as type of organization, budget size, and organizational data; and
  7. whether you logged into or out of a Patmos service.

This information is collected on Web pages using encryption technology to help prevent any third party from intercepting the information. In the event a credit card is used, information is only used for completing the transaction and is retained only as necessary for administration purposes. Patmos uses the information provided by our customers to analyze product trends based on, for example, geographic and demographic factors. This analysis helps us improve the quality of our Web site and product and service mix.

NEWSLETTERS

Subscription to a Patmos newsletter or blog is voluntary. By providing your e-mail address, you are agreeing that Patmos can send you important information about our products and best practices. You may update your e-mail address or unsubscribe via Web form at any time here.

NOTICE

Patmos informs its customers what information it collects, how it is used, whether it may be temporarily transferred to others to provide the products or services requested and how to contact Patmos with privacy inquiries. Patmos provides a link to Patmos’ privacy notice on its sites, and in e-mails.

CHOICE

Patmos offers customers and individuals who provide us information choices about receiving further communications from us; for example, our e-mail newsletters are sent only to those who have expressly asked to receive them, and the newsletters have a link to use to opt out of receiving future messages. Patmos may ask individuals if they wish to participate in market research, and then contact them if they give us their permission.

SECURITY

Patmos protects personal information under its control by industry standard security practices and measures, in order to prevent loss, misuse, unauthorized access, disclosure, alteration, or destruction. Patmos limits access to organization information to those who have a business need. Patmos may keep organizational data for its research purposes. If you have questions about Patmos’ commitment to security or concerns about a security issue in one of our products or sites, please contact us.

NOTIFICATION OF POLICY CHANGES

If major content changes are made to Patmos’ Privacy Policy, Patmos will outline and post the changes along with the new version on this Patmos site.

DATA NOT COLLECTED ON THIS SITE

Personal information that is not collected on the site is not generally subject to this Privacy Policy.

ENFORCEMENT

Please feel free to direct any questions or concerns regarding this Policy or Patmos’ treatment of personal information by contacting us through this Site at info@patmosconsulting.com or by writing to us at Privacy Group, c/o Patmos, LLC, 1016 Clifton Lane, Nashville, TN 37204. When Patmos receives a formal written complaint at this address, it is Patmos’ policy to contact the complaining party regarding his or her concerns.

NO ERROR FREE PERFORMANCE

Patmos does not guarantee error-free performance under this Privacy Policy and Patmos shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.

APPLICABLE LAW

This Privacy Policy shall be governed by the laws of the State of Tennessee and the United States to the extent applicable and all disputes shall be resolved in a court located in Davidson County, Tennessee.

This Site is © Patmos, LLC 2011, all rights reserved.  Website content may not be reproduced in whole or in part without the prior written permission of Patmos.

Ver.  01/2011