November 20, 2008  
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 Terms Of Use

Terms of Use

Agreement between User and HRPersonality

Welcome to HRPersonality. Your access to or use of HRPersonality Web Sites (the “Web Sites”) including public website www.hrpersonality.com, customer portal business.hrpersonality.com, respondent portal respondent.hrpersonality.com, and other subdomains of hrpersonality.com, assessments, questionnaires, reports and any other HRPersonality 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 HRPersonality Web Sites Products and Services constitutes your agreement to these Terms of Use.

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 HRPersonality Web Sites, Products or Services for any illegal purpose or in any way prohibited by with these “Terms of Use”. Your use of the HRPersonality Web Sites, Products and Services is subject to all applicable international, federal, provincial, state and local laws and regulations. You may not use the HRPersonality Web Sites, Products or Services in any manner which could damage, disable, overburden, or impair the HRPersonality Web Sites, Products or Services or interfere with any other party's use and enjoyment of the HRPersonality 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 HRPersonality Web Sites, Products or Services.

2. Liability Disclaimer

The information, software, products, and services included in or available through the HRPersonality Web Sites, Products or Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HRPersonality and/or its suppliers may make improvements and/or changes in the HRPersonality Web Sites, Products or Services at any time. Advice received via the HRPersonality 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.

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. HRPersonality 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 HRPersonality 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 HRPersonality Web Sites, Products or Services, with the delay or inability to use the HRPersonality web site, 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 HRPersonality Web Sites, Products or Services, or otherwise arising out of the use of the HRPersonality Web Sites, Products or Services, whether based on contract, tort, negligence, strict liability or otherwise, even if HRPersonality 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 HRPersonality Web Sites, Products or Services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the HRPersonality Web Sites, Products or Services.

3. Termination/Access Restriction

HRPersonality reserves the right, in its sole discretion, with or without cause, to terminate your access to the HRPersonality Web Site and the related Services or any portion thereof at any time, without notice.

You may terminate using HRPersonality 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 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

HRPersonality Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of HRPersonality and HRPersonality 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. HRPersonality is not responsible for webcasting or any other form of transmission received from any Linked Site. HRPersonality is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HRPersonality of the site or any association with its operators.

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 an example of such third party services. HRPersonality makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services. You will not consider HRPersonality, nor will HRPersonality be construed, as a party to any transactions relating to Third Party Services, whether or not HRPersonality may have received some form of revenue or other remuneration in connection with the transaction, nor shall HRPersonality 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

HRPersonality reserves the right to change the terms, conditions, and notices under which the HRPersonality Web Site is offered, including but not limited to the charges associated with the use of the HRPersonality Web Site.

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 HRPersonality Web Site. Use of the HRPersonality 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 HRPersonality as a result of this agreement or use of the HRPersonality Web Sites, Products and Services. HRPersonality's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HRPersonality's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HRPersonality Web Site or information provided to or gathered by HRPersonality 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 HRPersonality with respect to the HRPersonality Web Sites, Products and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HRPersonality with respect to the HRPersonality 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. Copyright

All contents of the HRPersonality Web Sites are: Copyright © 2008 HRPersonality. All Rights Reserved.

8. Trademarks

HRPersonality™, Jung Typology Profiler™, JTP™, Jung Typology Profiler for Workplace™, JTPW™, Jung Career Indicator™, JCI™ are trademarks of HumanMetrics, www.humanmetrics.com


  
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