Terms and Conditions

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.




 

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