These are the Inclusive Leadership Workshop Facilitation Kit Terms of Use (“Terms of Use”) of The Myers-Briggs Company group of companies, including The Myers-Briggs Company, a California benefit corporation; The Myers-Briggs Company Limited, a company registered in England and Wales (registered number 2218212); The Myers-Briggs Company Pte. Ltd, a company registered in Singapore; and The Myers-Briggs Company Pty Ltd, a company registered in Australia, and includes the European branch offices of The Myers-Briggs Company Limited (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany) and other European operations (collectively, “The Myers-Briggs Company” or the “Company”). These Terms of Use govern your use of the Inclusive Leadership Workshop Facilitation Kit (the “Materials”). When we refer to “The Myers-Briggs Company,” “we,” “us,” and “our,” we mean The Myers-Briggs Company group of companies.
By accessing or using the Materials, you agree to comply with and be bound by these Terms of Use.
The Materials, including (without limitation) all intellectual property rights arising in the Materials, are the sole and exclusive property of The Myers-Briggs Company (or its pertinent licensors, as the case may be). The Myers-Briggs Company reserves all rights in the Materials and no transfer of rights is intended or shall be construed by these Terms of Use.
Subject to these Terms of Use, and provided you have purchased one or more licenses to the Materials, The Myers-Briggs Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Materials, but solely for your personal use. Other than as specifically intended and permitted by The Myers-Briggs Company, you may not alter or modify the Materials in any way. You may not prepare derivative works based on the Materials, including (without limitation) any translations of the Materials. If you prepare any derivative works based on the Materials in contravention of these Terms of Use, then you hereby assign in perpetuity all intellectual property rights arising in such unauthorized derivative works to The Myers-Briggs Company, and you waive any and all “moral rights” you might purport to have in such unauthorized derivative works. You agree not to remove any copyright, trademark, or other proprietary notices from the Materials, and you agree not to add your own copyright, trademark, or other proprietary notices to the Materials. You agree not to circumvent any security measures in place to protect the Materials. You may not sell, resell, rent, lease, license, or otherwise commercially exploit the Materials.
In order to access the Materials, you must pay the applicable license fees. License fees are non-refundable, and the Materials may not be returned or exchanged.
You understand and agree that your access to and use of the Materials may be contingent upon use of certain technologies (for example, without limitation: an Internet connection, a web browser, an email client, etc.). You agree that you will bear all costs associated with such technology requirements. The Company may store the Materials on one or more third-party file hosting platforms for distribution to the Company’s end users. If the Company hosts the Materials on such third-party file hosting platform(s), then you understand and agree that your use of such platform(s) may be subject to additional terms and conditions provided by the controller of those platform(s).
These Terms of Use are effective until terminated by The Myers-Briggs Company. The Myers-Briggs Company reserves the right to terminate your access to the Materials at any time, without notice, for any reason. Should these Terms of Use terminate or expire for any reason, then you agree to immediately discontinue using the Materials, and you agree to permanently and irretrievably destroy all electronic copies of the Materials remaining under your control.
The Materials are provided "as is" without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You understand and agree that The Myers-Briggs Company’s liability to you, regardless of legal theory, shall be limited to direct damages and shall not in any circumstances exceed the return of the amount of fees paid to The Myers-Briggs Company under these Terms of Use. In no event shall The Myers-Briggs Company be liable for any indirect, special, incidental, or consequential damages arising out of the use or inability to use the Materials, even if The Myers-Briggs Company has been advised of the possibility of such damages.
These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed exclusively by the laws of the nation in which the Company contracting with you hereunder is established, namely the State of California in respect of The Myers-Briggs Company; England and Wales in respect of The Myers-Briggs Company Limited (including its European operations); Singapore in respect of The Myers-Briggs Company Pte, Ltd.; and Australia in respect of The Myers-Briggs Company Pty Ltd; without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Materials and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of Use shall remain in effect.
No failure or delay by the Company in exercising any right under these Terms of Use shall constitute a waiver of that right. Other than as expressly stated herein, the Company’s remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
Any provisions of these Terms of Use that by their nature would survive shall survive any termination or expiration of these Terms of Use.
The Myers-Briggs Company may modify these Terms of Use at any time with or without written notice to you, so please check them regularly.
You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise.