Sunday, July 21, 2019

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Terms Of Use

Agreement between User and HumanMetrics
Welcome to Personality Explorer. Your access to or use of Personality Explorer Web Sites (the “Web Sites”) including public website www.personalityexplorer.com and any subdomains of personalityexplorer.com, assessment tools, questionnaires, reports and any other Personality Explorer products (the “Products”) and consulting services (the “Services”), is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Use”). Your access to or use of the Personality Explorer Web Sites, Products and Services constitutes your agreement to these Terms of Use.
Personality Explorer Web Sites, Products and Services are brought to you by HumanMetrics Inc. (“HumanMetrics”, “We”, “Us”, “Our”).
Please read this document carefully. If you have any questions regarding the Terms of Use, please contact us here.
1. No Unlawful or Prohibited Use
You may not use Personality Explorer Web Sites, Products or Services for any illegal purpose or in any way prohibited by with these “Terms of Use”. Your use of the Personality Explorer Web Sites, Products and Services is subject to all applicable international, federal, provincial, state and local laws and regulations. You may not use the Personality Explorer Web Sites, Products or Services in any manner which could damage, disable, overburden, or impair the Personality Explorer Web Sites, Products or Services or interfere with any other party's use and enjoyment of the Personality Explorer Web Sites, Products or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Personality Explorer Web Sites, Products or Services.
2. Liability Disclaimer
The information, software, products, and services included in or available through the Personality Explorer Web Sites, Products or Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HumanMetrics and/or its suppliers may make improvements and/or changes in the Personality Explorer Web Sites, Products or Services at any time. Advice received via the Personality Explorer Web Sites, Products or Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Personality Explorer Web Sites, Products or Services are intended to be used for non-health and non-life threatening situations only. JTPW personality assessments determine behavioural preferences of an individual and not actual behaviours. Although each individual has preferences for behaviour based on their personality, individuals are capable of adapting and changing their behaviour.
To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. HumanMetrics and/or its owners, partners, associates and suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall HumanMetrics and/or its associates, partners an suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Personality Explorer Web Sites, Products or Services, with the delay or inability to use the Personality Explorer Web Sites, Products or related Services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Personality Explorer Web Sites, Products or Services, or otherwise arising out of the use of the Personality Explorer Web Sites, Products or Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Personality Explorer or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Personality Explorer Web Sites, Products or Services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Personality Explorer Web Sites, Products or Services.
3. Termination/Access Restriction
We reserve the right, in its sole discretion, with or without cause, to terminate your access to the Personality Explorer Web Site and the related Services or any portion thereof at any time, without notice.
You may terminate using Personality Explorer Web Site, Products and/or Services, with or without cause at any time and effective immediately. You may terminate the Terms of Use by discontinuing all use of the Web Sites, Products and Services and destroying all materials obtained from or with the Web Sites, Products and/or Services.
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and all other provisions of this Terms of Service which may reasonably be construed as surviving termination hereof, shall survive termination of this Terms of Service for any reason.
4. Third Party Services
Personality Explorer Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of HumanMetrics and HumanMetrics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HumanMetrics is not responsible for webcasting or any other form of transmission received from any Linked Site. HumanMetrics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HumanMetrics of the site or any association with its operators. Further, access and use of the Linked Sites and any external to Personality Explorer content is subject to their own terms of use.
You may from time to time order, access and/or otherwise use certain third party services and/or products offered or referred through the Web Sites ("Third Party Services"). Consultations and training workshops are examples of such third party services. HumanMetrics makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services. You will not consider HumanMetrics, nor will HumanMetrics be construed, as a party to any transactions relating to Third Party Services, whether or not HumanMetrics may have received some form of revenue or other remuneration in connection with the transaction, nor shall HumanMetrics be liable for any costs or damages arising out of or relating to, either directly or indirectly, the Third Party Services.
5. Modifications of These Terms Of Use
HumanMetrics reserves the right to change the terms, conditions, and notices under which the Personality Explorer Web Sites, Products and Services are offered, including but not limited to the charges associated with the use of the Personality Explorer Web Sites, Products and Services.
6. Applicable Law
To the maximum extent permitted by law, this agreement is governed by the laws of the province of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Greater Toronto Area, Ontario, Canada in all disputes arising out of or relating to the use of the Personality Explorer Web Sites, Products and Services. Use of the Personality Explorer Web Sites, Products or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HumanMetrics as a result of this agreement or use of the Personality Explorer Web Sites, Products and Services. HumanMetrics performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HumanMetrics's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Personality Explorer Web Sites or information provided to or gathered by HumanMetrics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HumanMetrics with respect to the Personality Explorer Web Sites, Products and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HumanMetrics with respect to the Personality Explorer Web Sites, Products and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
7. Intellectual Property Ownership, Copyright, Reservation of Rights
a)   Jung Typology Profiler for Workplace™ questionnaire, reports, software, HRPersonality™ assessment administration system, JTPW Personality Radar™, Jung Typemeter™, Personality Explorer portal, and all content of Personality Explorer Web Sites are Copyright © HumanMetrics Inc. or its licensors. All Rights Reserved.
b)   All of the intellectual property rights  in Personality Explorer Web Sites, Products and Services belong HumanMetrics Inc. or its licensors.  Jung Typology Profiler for Workplace™, the assessment administration system, and all personality assessments offered by HumanMetrics Inc. are the intellectual property of Humanmetrics Inc. The scoring algorithm, report generation algorithm, and software code are the valuable intellectually property (e.g. trade secrets and confidential information) of Humanmetrics Inc.
c)   Personality assessment products, materials and content offered by HumanMetrics Inc. from Personality Explorer websites are protected by law, including without limitation the copyright laws of Canada, the United States, and other countries, and by international treaty provisions. You have no intellectual property rights in products, materials and content offered by HumanMetrics Inc. All rights not expressly granted are reserved by Humanmetrics Inc. and its licensors.
8. No Reverse Engineering, Modification, Website Automation or Integration
a) You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, the scoring algorithm, or the reports generation algorithm of Jung Typology Profiler for Workplace™, Personality Explorer websites, products and services.
b) You shall not modify, adapt, translate, or create derivative works based upon Personality Explorer website, products and services, and any content provided on or as a part of Personality Explorer websites, products and services. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of Personality Explorer websites, products and services.
c) You shall not embed, integrate, automate usage of, personality assessments offered on Personality Explorer websites, fully or partially, unless expressly permitted by Humanmetrics Inc.
9. Trademarks
HRPersonality™, Jung Typology Profiler™, JTP™, Jung Typology Profiler for Workplace™, JTPW™, JTPW Personality Radar™, Jung Typemeter™, Jung Career Indicator™, JCI™, Personality Explorer™ are trademarks of HumanMetrics Inc.
10. Indemnification
You agree to defend, indemnify and hold each of HumanMetrics Inc, its parent companies, subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any and all claims, demands, liabilities, losses, damages and/or expenses, including reasonable attorneys' and expert witness fees, arising out of or relating to the use of the Services and/or violation of this Terms of Service by you and/or any users of your account on the Site, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from content or other materials posted onto the Site by you, or the infringement by you, or any other user of your account, of any Proprietary Rights or other rights of any person or entity.

Copyright © HumanMetrics Inc.