| |
By
accessing The New Temperament(sm), currently located at www.thenewtemperament.com
(the “Site”),
and using any of its Services (as defined below) accessible through
the Site, you become a User and agree to, and are bound by, the terms
and conditions of this Agreement for as long as you continue to use
the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS
AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation
in, certain Services may be subject to additional terms, and such terms
will be either listed in this Agreement or will be presented to you
for your acceptance when you sign up to use such Services. The headings
used in this Terms and Conditions are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of
such section or in any way affect the following. Terms and Conditions Authority and Age Restrictions
You represent and warrant to The New Temperament that you have the
authority to register with The New Temperament in accordance with
these Terms and Conditions. If you are under 18, you may use the
Services only with permission and involvement of a parent or guardian.
IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT USE THE SERVICES.
Services and Revisions
The New Temperament services include, but are not limited to, the following:
an online assessment to determine temperament; “white papers” covering
specific aspects of temperament based on The New Temperament system
called New Temperament Monographs(sm) (NTM’s); various interactive
content and “community services”; an opt-in research and
survey forum called Kore(sm). The New Temperament may offer additional
services, or revise any of its Services, at its discretion, and this
Agreement will apply to all additional services or revised Services.
The New Temperament also reserves the right to cease offering any of
the Services.
Furthermore, this Agreement is subject to change by The New Temperament
in its sole discretion at any time, with or without notice. Your continued
use of this Site or the Services after the posting of revisions to
this Agreement will constitute your acceptance of such revisions. You
are advised to consult these Terms and Conditions periodically to note
any such changes.
Registration Information/Privacy Policy
When you register for the Services, you will be asked to provide The
New Temperament with the following information: your full name, email
address, zip code, gender, age, marital status, member name and password.
In addition, should you elect to opt-in to Kore, an online research
forum, you may be asked to provide additional information such as:
your mailing address, household income, education, marital status,
and employment status.
Any information provided by you or gathered by The New Temperament
or third parties during any visit by you to the Site shall be subject
to the terms of the Privacy Policy, which is incorporated herein. The
New Temperament reserves the right to offer you third-party services
and products based on the preferences that you identify during or subsequent
to the registration process.
Proprietary Rights
You hereby agree that, as between you and The New Temperament, The
New Temperament is sole and exclusive owner of all rights, titles and
interest in and to the Services, including, without limitation, all
Proprietary Rights relating thereto, which include, but are not limited
to: text, content, photographs and graphics contained thereon, and
the other Services. You agree to abide by all applicable copyright,
trademark and other laws, as well as any additional copyright notices
or restrictions contained in the Services. "Proprietary Rights" means
any and all of the following: (a) all rights using all technologies,
electronic or otherwise, whether now known or hereafter created, associated
with works of authorship throughout the Universe, including but not
limited to patents, designs, copyrights, moral rights, mask works,
algorithms and other industrial property rights; (b) trademark and
trade name rights and similar rights and all business goodwill associated
therewith; (c) all other intellectual and industrial property rights
(of every kind and nature throughout the Universe and however designated
and whether now known or hereafter created, including, but not limited
to, logos, "rental" rights, rights of publicity, and rights
to remuneration), whether arising by operation of law, contract, license,
treaty or otherwise; and (d) all registrations, initial applications,
renewals, extensions, continuations, divisions or reissues hereof now
or hereafter in force (including without limitation any rights in any
of the foregoing).
Content
Except as expressly permitted and/or requested by The New Temperament
in writing, you may neither post any materials to the Site nor copy,
reproduce, retransmit, distribute, publish, commercially exploit or
otherwise transfer any material from the Site. Should The New Temperament
accept the posting of subscriber content, you will by submitting content
or other material as may be expressly permitted and/or requested by
The New Temperament grant The New Temperament a royalty-free, perpetual,
irrevocable, non-exclusive worldwide license to use, reproduce, modify,
adapt, publish, translate, create derivative works (in whole or in
part) from such supplied and or donated content. You also represent
and warrant to The New Temperament that you own and/or otherwise have
any and all rights necessary to any content you provide. The New Temperament
reserves the right to remove any and all content or materials posted
by you and/or other users of the Services which The New Temperament
in its sole discretion, deems offensive or inappropriate.
BY SUBMITTING CONTENT TO ANY PART OF THE WEB SITE YOU HEREBY EXPRESSLY
PERMIT The New Temperament TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH
CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN
OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE
NOTIFY The New Temperament IN WRITING AT THE TIME YOU SUBMIT THE CONTENT.
Restrictions On Use
You may not use the Services for any purpose or in any manner inconsistent
with these Terms of Service, and your access to and use of the Services
is subject to all applicable international, federal, state and local
laws and regulations. Unless authorized by The New Temperament in writing,
you agree to use the Services solely for your own private, noncommercial
use and benefit, and not for resale or other transfer or disposition
to, or use by or for the benefit of, any other person or entity. You
may not use the trademarks, logos and/or service marks of The New Temperament
for any purpose without the express prior written consent of The New
Temperament. You agree not to modify, move, delete or otherwise tamper
with the information and other content contained on the Site.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY The New Temperament IN WRITING,
YOU MAY NOT USE, COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD
TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, LINK TO AND/OR FRAME, SELL,
LICENSE OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICES, EXCEPT THAT
YOU MAY DOWNLOAD MATERIAL FROM THE SERVICES AND/OR MAKE ONE PRINT COPY
FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU DO NOT
MODIFY ANY COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED THEREIN.
FUTHERMORE, YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON
OR ENTITY USING THE SERVICES AND/OR The New Temperament TRADEMARKS,
TRADE NAMES, LOGOS AND/OR SERVICE MARKS.
Links and Third-Party Services / Dealings with Advertisers and Sponsors
The New Temperament may provide third-party links as a convenience
to its users; however, The New Temperament makes no warranties or representations
whatsoever, express or implied, with regard to any Third Party Services,
and the inclusion of any link does not imply that The New Temperament
accepts any responsibility for the content on third-party web sites,
or any link contained in a linked site, or any changes or updates to
such web sites. Your correspondence or business dealings with, or participation
in promotions of, advertisers or sweepstakes sponsors through the Services
(including payment and delivery of related goods or services, any personal
information or opt-in contact information voluntarily given to advertisers
and sweepstake sponsors, and any other terms, conditions, warranties
or representations associated with such dealings) are solely between
you and such third-party sponsors. You agree that The New Temperament
will not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings with Third-Party Services,
including the use of any personal information you elect to provide
third-party entities.
Registration and Account Creation
As part of the registration and account creation process necessary
to obtain access to certain portions of the Services, you will select
a user identification ("Userid") and a password. You will
provide The New Temperament with certain registration information,
all of which must be accurate and updated by you from time to time.
You shall be solely responsible for maintaining the confidentiality
of your password. You shall immediately notify The New Temperament
of any known or suspected unauthorized use(s) of your account, or any
known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your password. You are solely responsible for all usage
or activity on your account with The New Temperament, including but
not limited to use of the account by any third party authorized by
you to use your Userid and password. Any fraudulent or abusive activity
may be grounds for termination of your account.
Disclaimer of Warranties
The New Temperament is not and does not purport to be or represent
itself as a “personality” test or a “psychological” test
or “behavioral” test. It makes no claims to any suitability
as a projective instrument to measure or determine psychological issues.
It is solely designed as a tool to identify temperament based on and
in conjunction with The New Temperament system. The results are based
on the self-scoring, self-report responses of each user along with
the scoring algorithms designed and created by The New Temperament.
The New Temperament makes no guarantee, representation, assurance or
warranty, express or implied, as to, and assumes no responsibility
for the correctness, sufficiency or completeness of such information
or the scoring of tests contained herein. ALL TESTS ARE PRESENTED IN
AN "AS IS" CONDITION AND ANY WARRANTIES FOR FITNESS OF PURPOSE
OF MERCHANTABILITY ARE HEREBY EXPRESSLY DISCLAIMED. Users of this Site
agree that The New Temperament shall not be responsible or liable to
users or any other person as successor, assignee or third party beneficiary
of users for indirect, punitive, exemplary, special or consequential
damages which may be alleged as resulting, directly or indirectly,
from the use of The New Temperament assessment or content. The New
Temperament does not warrant that its services are free of inaccuracies,
errors, bugs, interruptions or other program limitations. The User
assumers any and all risk arising out of the use or performance of
the Services and, should viruses or other harmful components infect
the Site, The New Temperament shall not be obligated to repair or remedy
any service errors or other service problems arising from the foregoing.
The New Temperament makes no warranty that the services will meet User
requirements for any particular purpose related to their personal or
professional needs, including employment screening, nor does The New
Temperament make any warranty as to the results that may be obtained
from the use of the Services. While The New Temperament shares its
own perspective and renders opinions on a wide variety of issues related
to temperament and The New Temperament system, The New Temperament
is not engaged in rendering individual professional psychological or
counseling advice or services. The New Temperament encourages you to
immediately seek counsel from a qualified professional for any situation
or problem you may have. From time to time, The New Temperament may
offer new “beta” features or tools with which its users
may experiment on the Services. Such features or tools are offered
solely for experimental purposes and without any warranty of any kind,
and may be modified or discontinued at The New Temperament’s
sole discretion. The provisions of this Disclaimer of Warranty section
apply with full force to such features or tools.
No Liability for Actions
IN NO EVENT WILL The New Temperament BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,
AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU
OR ANYONE ELSE IN CONNECTION WITH THE USE OF THESE SERVICES, INCLUDING
WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER
DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless The New Temperament,
its owners, officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including reasonable
attorneys’ fees) relating to or arising out of (a) your use of
or inability to use the Site or Services, (b) any user postings made
by you, (c) your violation of any terms of this Agreement or your violation
of any rights of a third party, or (d) your violation of any applicable
laws, rules or regulations. The New Temperament reserves the right,
at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event
you will fully cooperate with The New Temperament in asserting any
available defenses.
Communication and Privacy
The New Temperament may use your email address to send you messages
notifying you of important changes to the Services or special offers.
Further, we may contact you by telephone if you voluntarily provide
us with your telephone number, in order to communicate with you regarding
the Services. If you do not want to receive such email messages or
telephone calls (including at any wireless number you may have voluntarily
provided us), please refer to our Privacy Statement to review your
options.
General Provisions. Controlling Law and Jurisdiction. You agree that
Pennsylvania law in the (without giving effect to its conflicts of
law principles) will govern this Agreement, the Site and the Services
and that any dispute arising out of or relating to this Agreement,
the Site or the Services will be subject to the exclusive jurisdiction
and venue of the federal and state courts in the state of Pennsylvania,
in the county of Bucks. You acknowledge and agree that any violation
of this Agreement may cause The New Temperament irreparable harm, and
therefore agree that The New Temperament will be entitled to seek extraordinary
relief in court, including but not limited to temporary restraining
orders, preliminary injunctions and permanent injunctions without the
necessity of posting a bond or other security, in addition to and without
prejudice to any other rights or remedies that The New Temperament
may have for a breach of this Agreement.
This Agreement, which you accept upon registration for the Services,
the Privacy located on the Site, and any applicable payment, Additional
Services terms, comprise the entire agreement between you and The New
Temperament regarding the use of this Service, superseding any prior
agreements between you and The New Temperament related to your use
of this Site or Services (including, but not limited to, any prior
versions of this Agreement). Unless otherwise explicitly stated, the
Agreement will survive termination of your registration to the Service.
The failure of The New Temperament to exercise or enforce any right
or provision of this Agreement does not constitute a waiver of such
right or provision. If any provision of this Agreement is held invalid,
the remainder of this Agreement will continue in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to the use of the Site or this
Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
Digital Millennium Copyright Act Notice
If you believe your copyrighted work has been copied in a way that
constitutes copyright infringement as set forth in the Digital Millennium
Copyright Act of 1998 (DMCA), please notify The New Temperament. For
your complaint to be valid under the DMCA, you must provide the following
information in writing:
1. An electronic or physical signature of a person authorized to act
on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing
and where it is located on the Site;
4. Information reasonably sufficient to permit The New Temperament
to contact you, such as your address, telephone number, and e-mail
address;
5. A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or law; and
6. A statement, made under penalty of perjury, that the above information
is accurate, and that you are the copyright owner or are authorized
to act on behalf of the owner.
The above information must be submitted to the connect@thenewtemperament.com
|
|
