ACCEPTANCE
OF TERMS
You
agree that these Terms and Conditions will govern all purchases
by you of Products listed on this website.. These Terms and Conditions
constitute the entire agreement between you and Keirsey.com
and Pearson Assessments (hereinafter collectively called the "Companies")
concerning this matter, and supersedes all discussions, proposals,
bids, invitations, orders, and other communications, oral or written,
on this subject. These Terms and Conditions may not be waived,
amended, or modified in any way. NCS Pearson and Pearson Assessments
are collectively called "Pearson Assessments." If any
one or more provisions of these Terms and Conditions are found
to be illegal or unenforceable, the remaining provisions will
be enforced to the maximum extent possible. To the extent any
purchase order from Customer conflicts with or amends these Terms
and Conditions in any way, these terms and conditions, as unmodified,
will prevail.
THIS AGREEMENT
WILL BE GOVERNED BY, CONSTRUED, AND INTERPRETED IN ACCORDANCE
WITH MINNESOTA LAW.
WARRANTY
Except
as stated in these terms and conditions, the COMPANIES MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS.
ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR
PURCHASE OR USE OF THE COMPANIES' PRODUCTS OR SERVICES. NOTWITHSTANDING
ANY OTHER PROVISION OR AGREEMENT BETWEEN CUSTOMER AND THE COMPANIES,
THE COMPANIES' TOTAL LIABILITY TO ANY PARTY ARISING OUT OF THIS
AGREEMENT OR PURCHASE OR USE OF THE COMPANIES PRODUCTS OR SERVICES
WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO THE COMPANIES FOR
THE PRODUCTS OR SERVICES.
LOST, DAMAGED
OR STOLEN REPORT COUNTERS AND UNUSED ADMINISTRATIONS WILL NOT
BE REPLACED FREE OF CHARGE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANIES HARMLESS AGAINST
ALL CLAIMS, LIABILITIES, DEMANDS, DAMAGES, OR EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF PRODUCTS SOLD BY THE COMPANIES AND/OR
YOUR FAILURE TO ADHERE TO THESE TERMS AND CONDITIONS. THE COMPANIES
AGREES TO INDEMNIFY AND HOLD YOU HARMLESS AGAINST ALL CLAIMS,
LIABILITIES, DEMANDS, DAMAGES, OR EXPENSES (INCLUDING REASONABLE
ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION
WITH BREACH BY THE COMPANIES OF ANY WARRANTIES SPECIFICALLY STATED
IN THESE TERMS AND CONDITIONS.
RETURNS
POLICY
Returns are subject to the following terms:
Returns are
accepted within 6 months of purchase only for products that are
still being offered by the Companies at the time of return.
Proof of purchase
from the Companies is required to receive full credit at original
price. A copy of the invoice or packing slip, or written notice
referencing the invoice number, should be included with each return
shipment.
Materials
and software administrations returned after 30 days but prior
to 6 months after purchase are subject to a return handling charge
of $25.00 per returned parcel.
Materials
must be in clean, saleable condition (unused and undamaged), in
unopened sets or packages, as originally purchased.
Return shipments
must be sent prepaid and insured by a traceable method in a durable
envelope or box to avoid damage via United Parcel Service (UPS)
or Insured Mail, return receipt requested, to:
If Pearson:
Pearson Assessments, ATTN: 1313 Lone Oak Rd, Eagan, MN 55121-1334.
If Keirsey.com:
Keirsey.com, P.O. Box 6279, San Mateo,
CA 94403.
Provide the
name and telephone number of an individual who can be contacted
regarding the return/exchange.
Materials
damaged in transit (including pre-paid answer sheets) or defective
software must be returned for exchange within 30 days from the
date of shipment from Pearson Assessments.
Lost, damaged
or stolen report counters and unused administrations will not
be replaced free of charge.
COPYRIGHTS AND USE OF UNAUTHORIZED SOFTWARE
Tests, inventories, and software offered by the Companies are
protected by various intellectual property laws, including those
regarding copyright and trademarks. Printing or reproducing copyright-protected
materials or content, including reproduction of protected test
items, scales, scoring algorithms, scoring directions, or other
protected content, is prohibited by law and by these Terms and
Conditions. Your purchase of protected materials DOES NOT grant
you a right to reproduce additional copies of materials or the
content or enter protected content onto a computer medium, such
as non-Pearson Assessments scoring system or software. You agree
that copyrights, trademarks, patents, and trade secrets are subject
only to U.S. Federal law and U. S. Federal court interpretations
thereof.
OTHER CONSIDERATIONS
Title to physical copies of non-licensed products passes to you
upon shipment. The Companies reserve the right to aggregate data,
in non person-specific or organization-specific form, and to utilize
these data for research and/or statistical purposes. The Companies
may also disclose such data, in non person-specific or organization-specific
form, to third parties without reimbursement or notification.
PAYMENT
All invoices are payable net 30 days. Payments can be made by
check or credit card and sent to:
if Pearson:
NCS Pearson, Inc., 4484 Collections Center Drive, Chicago, IL
60693.
If Keirsey.com:
Keirsey.com, P.O. Box 6279, San Mateo,
CA 94403
Customers
outside the U.S. should enclose an international money order payable
in U.S. currency. Charges not paid when due are subject to a late
charge accruing from the due date of 1 1/2% per month or the maximum
permitted by law, whichever is less. You also are responsible
for any attorneys' or collection fees incurred by the Companies
in collecting charges not paid when due. Prices are quoted in
and must be paid in US Dollars. Non-US orders are subject to a
10% service charge, exclusive of taxes, shipping, and tariffs.
Purchasers are responsible for all taxes, and tariffs involved
in intercountry shipments.
TAX
The Companies must collect and report state and local taxes applicable
to your shipping address. If your organization is tax exempt,
send a tax exemption certificate with your order. A copy of the
certificate must be on file at Pearson Assessments or AdvisorTeam
to qualify.
USE OF
PRODUCTS
You agree it is your responsibility to use any products purchased
from the Companies in accordance with the Companies' Qualification
requirements, applicable professional guidelines, including American
Psychological Association guidelines, and all federal, state,
and local laws and regulations. You understand and agree that
the Companies' products are meant to be used as tools to supplement
you in the overall assessment process, and are not intended or
designed to be used alone or replace your professional judgement.
Use of psychological tests in employment-related situations may
be subject to certain laws including Title VII of the Civil Rights
Act of 1964, as amended; the Americans With Disabilities Act of
1990, as amended; and other federal, state, and local laws and
regulations.
NON-INFRINGEMENT
Pearson Assessments warrants that the products published directly
or under license by NCS Pearson ("NCS Pearson Products")
in their standard form will not infringe any valid United States
patents or copyrights existing at the time of product delivery,
provided, however, that this warranty does not extend to any non-NCS
Pearson Product or any of the books it offers or to any infringement
arising out of the use of the products in combination with systems,
software, or equipment, not supplied by Pearson Assessments or
any use of the products outside the United States. If you promptly
notify Pearson Assessments of any such infringement claim of which
you have knowledge or notice, and accord Pearson Assessments the
right, at its sole option and expense, to handle the defense of
the infringement claim, Pearson Assessments will indemnify and
hold you harmless from and against such infringement claim related
solely to NCS Pearson Products. If such an infringement claim
arises and Pearson Assessments becomes aware of such a claim,
Pearson Assessments may, in its discretion, furnish you with non-infringing
replacement products within sixty (60) days or repurchase your
unconsumed products.