1. The Site
By creating an Account, you may purchase assessment reports, support materials, and other materials (collectively, “Products”) in physical and electronic format. Accounts may only be used by a single, named, natural person (“User”).
Certain Products made available through the Site may require administration on a separate platform (for example, without limitation: our Elevate® assessment platform); in such cases, use of those Products may be governed by additional terms and conditions, as made available by us in writing on those platforms. You understand and agree that your use of such Products will at all times be governed by those additional terms and conditions.
2. Orders, Fees, & Payment Terms
Orders may be placed online using your Account or offline via mail or telephone using the information in the “Contact Us” section of the Site.
Rates for all Products are as listed on the Site. Fees for Products must be paid upfront by credit card unless you have a separate, written agreement with us allowing for another arrangement. If you are set up to order Products via purchase order (through contact with your sales representative), then all payments shall be made payable to The Myers-Briggs Company in U.S. Dollars and payments are due thirty (30) days from the invoice date. Payments not received within thirty (30) days will be considered late and will bear interest at the rate of one and one-half percent (1.5%) per month (or the maximum amount permitted by law, whichever is lower) on the unpaid balance from the payment due date until the date actually paid. If any charge owed is thirty (30) days or more overdue, we may, without limiting its other rights and remedies, suspend your account and restrict your access to the Site until such amounts are paid in full, along with applicable late fees.
You are responsible for all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether such exactions are imposed directly upon you or upon The Myers-Briggs Company) (“Taxes”) imposed on transactions you make on the Site. “Taxes” do not include any taxes that are imposed on or measured by the net income of The Myers-Briggs Company. If you are tax-exempt, you may provide duly-executed documentation evidencing your tax-exempt status to us for our review and consideration. If we accept the documentation, we shall exempt you from Taxes on a going-forward basis, provided that you keep all tax exemption documentation accurate and current.
3. Data & Privacy
4. Your Responsibilities
5. Restricted Instruments
Certain of our assessments are considered “Restricted Instruments” and have additional requirements relating to their purchase and administration. Only Users that have been certified by The Myers-Briggs Company (or one of The Myers-Briggs Company’s partner certification organizations) (collectively, “Certified Practitioners”) may purchase and administer Restricted Instruments. If you administer a Restricted Instrument, you acknowledge that you must, and agree that you will, provide real-time feedback and interpretation to each respondent who responds to that Restricted Instrument, which feedback may be delivered in person, over the phone, or through contemporaneous text or video chat (each, an “Interactive Interpretation Session”). Interactive Interpretation Sessions must be more comprehensive than simply providing or passing along a Respondent’s report and must allow the Respondent to ask questions and receive feedback in a non-automated format.
6. Support, Downtime, & Availability
If you need assistance with creating or using your Account or purchasing Products, we will provide you with limited, basic support (as determined by us in our sole discretion). Please contact us using the information located in the “Contact Us” section of the Site.
The Myers-Briggs Company will use commercially reasonable efforts to make the Site available at all times except for planned downtime and unavailability caused by circumstances beyond our reasonable control, including without limitation: acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures, Internet service provider failures, and other technology failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability or functionality of the Site. You agree that your purchases are not contingent upon the delivery of any additional functionality or any additional support from us.
The Myers-Briggs Company reserves the right to take any of the Products out of print or otherwise make such Products unavailable at any time without notice to you. If you have pre-purchased any Products from us (for example, without limitation: a pre-purchased assessment administration) and those pre-purchased Products are taken out of print or otherwise made unavailable by us, then you may contact The Myers-Briggs Company using the information in the “Contact Us” section of the Site and we will notify you of your options with respect to those pre-purchased Products, which options may include (without limitation): converting pre-purchased Products to a substitute or replacement product of our choosing; or converting the value of those pre-purchased Products into credit for use on the Site within a defined period. If we provide such options to you and you do not exercise them before the deadline(s) specified by us, then you acknowledge that you will forfeit the value of any such pre-purchased Products.
7. Intellectual Property
8. Term & Termination
If your Account terminates or expires for any reason (including, without limitation, by deletion), then: (i) you will immediately lose all access to your Account and portions of the Site requiring an Account; (ii) you will immediately stop making use of our Intellectual Property and Products that are no longer licensed to you; and (iii) you will not receive any refunds for any account credits, unused inventory, or pre-purchased Products that you have not redeemed prior to such termination or expiration, nor for any unused portion of any subscription-based Products you may have accessed.
THE PRODUCTS AND SERVICES ARE PROVIDED “AS-IS.” THE MYERS-BRIGGS COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS OR SERVICES, INCLUDING ANY REPRESENTATION THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MYERS-BRIGGS COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
September 2018 version