Terms of Use

Last updated: August 1, 2018

Please read these Terms of Use ("Terms," "Terms of Use," or “Terms of Service”) carefully before using the http://www.employeevitals.com and/or the Employee Vitals mobile application and/or any microsite created for an employer who is an Embolden client which deploys the Employee Vitals tool and functionality (collectively, the "Service") operated by One Celebrations LLC dba Embolden ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

TERMINATION

Except as required by the contract, statement of work, or subscription agreement between an employer/client and Embolden, we may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

PAYMENT

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). The employer/client will be billed according to the contract, statement of work, or subscription agreement between the employer/client and Embolden, together with all corresponding invoices.

LINKS TO OTHER WEBSITES

Our Service may contain links to third party web sites or services (such as SurveyMonkey) that are not owned or controlled by Embolden. Embolden has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Embolden shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

CHANGES

Except as required by the contract, statement of work, or subscription agreement between an employer/client and Embolden, we reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

LEGAL NOTICES
Except as otherwise provided and required by the contract, statement of work, or subscription agreement between an employer/client and Embolden, Embolden authorizes you to copy material published by Embolden on its websites, only for your personal and non-commercial use; provided, however, that any copy of the material that you make or use shall retain all copyright and other proprietary notices contained therein. Except as expressly provided, no part of these Terms shall be construed as conferring any license or right under any Embolden copyright.

Embolden and Employee Vitals are among the trademarks and/or service marks owned by Embolden. No trademark or service mark or other license is granted in connection with the materials contained on any Embolden website.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license to any patent, trademark or other intellectual property right of Embolden or any third party. Embolden makes no representations or warranties that any use of the information contained on its sites will not infringe any such patent, trademark or other intellectual property right of Embolden or any third party. 

When you respond through the Employee Vitals tool on an Embolden website with information (excluding personally identifiable information, which is addressed under Embolden’s Privacy Policy), you are doing so as part of the agreement between Embolden and your company. As such:

1. Embolden will not collect any personally identifiable information through its client engagements. Embolden complies with all privacy regulations, including GDPR, with the tools used in its engagements.

2. This is safeguarded through our use of SurveyMonkey to ensure that all submissions are anonymous unless the participant volunteers their name or identify outside of our control.

3. All of the survey information is reported back to employers/clients in the aggregate, further safeguarding the identities of survey participants.

4. In addition, Embolden does not use cookies on its websites, platforms, tools that it produces for its clients.

5. A full set of anonymous survey data will be shared with client leadership according to instructions to Embolden. Embolden will prepare summaries appropriate for circulation to employees, as set forth in the agreement with the client.

EMBOLDEN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ANY NATURE REGARDING THE INFORMATION OR THE PRODUCT TO WHICH THE INFORMATION REFERS. The information on this Web site may include typographical inaccuracies. Under no circumstances will Embolden be liable to any person or business entity for any direct, indirect, special, incidental, consequential or other damages based on any use of this site or any other site to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information, even if Embolden has been specifically advised of the possibility of such damages.

CONTACT US

If you have any questions about these Terms of Use, please contact us.