PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
This is a legal agreement between you and us for use of the Website. This Agreement applies to you, whether personally or on behalf of an entity, when you visit the Website. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us is intended or created by this Agreement.
If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Subject to the terms of this Agreement, we grant to you, a limited, non-exclusive, non-transferable and revocable license to access and use our Website. The information accessed through our Website is not intended for viewing to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INFORMATION ABOUT THE SERVICES
By providing your personal information to us (directly or indirectly), you represent and warrant that:
a) all information you provide to us is true, accurate, current, and complete;
b) you are at least the age of majority in the jurisdiction from where you are accessing the Website and using our Services.
d) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
e) you will not use the Website for any illegal or unauthorized purpose; and
f) your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to not provide you with current or future Services and restrict your access and use of the Website (or any portion thereof).
You may not access our Website for any purpose other than that for which we make the Website available. As a user, you agree not to:
a) circumvent, disable, or otherwise interfere with security-related features of the Website, including enforcing limitations on the use of the Website;
b) make improper use of our support services or submit false reports of abuse or misconduct;
c) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
d) interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
e) attempt to impersonate another user or person or use the name of another person to reach us;
f) use any information obtained from the Website in order to harass, abuse, or harm another person;
g) use the Website as part of any effort to compete with us;
h) use the data stored or features used in our Services for competitive activities;
i) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website that is not already made public by us;
j) attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
k) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
l) delete, or attempt to delete, the copyright or other proprietary rights notice from any of our content;
m) upload or transmit or attempt to upload or transmit any content that is connected to race, national origin, gender, sexual preference, or physical handicap or any pornography;
n) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
o) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
p) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
q) disparage, tarnish, or otherwise harm, in our opinion, us and/or our Services, and use our Website in a manner inconsistent with any applicable laws or regulations.
LINKING TO OUR WEBSITE
You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any features and any links at any time without notice in our discretion.
If you provide any reviews, testimonials/ feedback about the Services, images or any other content to us for display on the Website (the “Content”), you grant us and our successors and assign, unrestricted, unlimited, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to host, use, copy, distribute, transmit, modify, prepare derivative works of such Content for any purpose, commercial or otherwise. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We have the right, in our sole and absolute discretion, (1) to re-categorize any Contents to place them in more appropriate locations on the Website; and (2) to pre-screen or delete any Contents at any time and for any reason, without notice.
a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
c) your Content is not false, inaccurate, or misleading;
d) your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
e) your Content does not ridicule, mock, disparage, intimidate, or abuse anyone;
f) your Content does not violate any applicable law, regulation, or rule;
g) your Content does not violate the privacy or publicity rights of any third party;
h) your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
We do not guarantee any confidentiality with respect to the Content, regardless of whether or not it is published. You are solely responsible for your own Content and the consequences of allowing us to post or publish it.
INTERACTION WITH THIRD PARTIES
The Website may contain links to third party websites or links to our business partner’s website/portal such as www.Gallup.com, www.wiley-epic.com (third party online tools that allow the clients to access their personality assessments) or social media websites such as Facebook, Twitter, Linkedin, Instagram, that are not owned or controlled by us. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third-party website and that you will act in accordance with those policies, in addition to your obligations under this Agreement. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, services offered by such third parties or opinions expressed in any third-party websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site. By using the Website/Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any third-party website and/or services.
RELIANCE ON WEBSITE INFORMATION
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
TERM AND TERMINATION
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK AND WE DO NOT ENDOSE, PROMOTE, GUARANTEE OR WARRANT ANY SERVICES OFFERED BY USE OR BY OUR PARTNERS THROUGH OUR WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS OR FUNCTIONALITY OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL OR MENTAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT/ INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WHILE WE MAY PROVIDE CONTENT REGARDING OUR SERVICES ON OUR WEBSITE, SUCH CONTENT IS SOLELY INFORMATIONAL AND YOU MAY DECIDE TO FOLLOW IT OR NOT. FURTHER, WE DO NOT WARRANT THAT THE WEBSITE OR ANY SERVICES OR CONTENT POSTED ON THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY FOR ANY LOSS INCURRED OR SUFFERED FOR ANY REASON WHATSOEVER BY YOU AS A RESULT OF YOUR ACCESS TO OR USE OF OUR WEBSITE (INCLUDING ANY INFORMATION POSTED ON OUR WEBSITE).
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/Services at any time or for any reason without notice to you.
We reserve the right, but not the obligation, to:
c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) access to the Website or any portion thereof;
d) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
DISPUTE RESOLUTION AND ARBITRATION
CLASS ACTION WAIVER
Each party waives its right to arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If you choose to pursue a dispute in court by opting out of arbitration provided herein, this class action waiver will not apply to you.
When you provide information to us via the Website or send e-mails to us, you are communicating with us electronically. By providing information through our Website, you consent to receive communications (such as relating to marketing, newsletters, etc.) from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of this Agreement is invalid, illegal or unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
NOTICE TO USERS