Agreement between User and Humanmetrics

(“Terms of Use”)

Welcome to Humanmetrics.com. Your access to or use of Humanmetrics.com website and/or any sub domains thereof, including the entire website (the “Website”), its Content and Services (as defined below), constitutes your acceptance and agreement to be bound by the following terms and conditions. Please read this document carefully. If you have any questions regarding the Terms of Use, please contact us.

1. Definitions

Humanmetrics, “we”, “us”, “our”: Humanmetrics Inc.

User, “you”, “yours”: anyone who accesses the Website and/or uses the Content and/or Services (as defined below)

Products: all and any products provided by Humanmetrics on the Website, including, but not limited to, Jung Typology Test™ (“JTT”), Jung Typology Test for Workplace™ (“JTTW”), Jung Career Indicator™ (“JCI”), Jung Marriage Test™ (“JMT”), Small Business Entrepreneur Profiler™ (“SBEP”), Risk Attitudes Profiler™ (“RAT”), Role Model Profiler™ (“RMP”), Visionary Test™, Assertiveness Test™, Morals Test™, Political Performance Indicator™ (“PPI”)

Content: all and any content contained on or generated by the Website, including, without limitation, Products, questionnaires, reports, text, graphics, and software.

Services: all and any services provided by Humanmetrics from the Website, including, but not limited to, your access to the Content or portions thereof, your account and other features.

2. Prohibited Use

You may not use the Website, its Content and/or Services for any illegal purpose or in any way prohibited by with these Terms of Use. Your use of the Website, its Content and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations. You may not use the Website, its Content and/or Services in any manner which could damage, disable, overburden, or impair the Website, its Content and/or Services or interfere with any other party's use and enjoyment of Website, its Content and/or Services.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

3. Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Humanmetrics AND/OR ITS OWNERS, DIRECTORS, PARTNERS, ASSOCIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND AVAILABILITY.

THE CONTENT, PRODUCTS AND SERVICES, OR ANY INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES, ERRORS, OR BE INCOMPLETE. ADVICE RECEIVED VIA Humanmetrics WEBSITE, CONTENT AND/OR SERVICES MUST NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE FOR YOUR SITUATION. WEBSITE, CONTENT AND SERVICES ARE INTENDED TO BE USED FOR NON-HEALTH AND NON-LIFE THREATENING SITUATIONS ONLY.

Humanmetrics MAKES NO WARRANTY THAT THE CONTENT AND/OR SERVICES ARE SUITABLE FOR ANY PARTICULAR PURPOSE INCLUDING PERSONALITY ASSESSMENT, MATCHING, COUNSELLING, PRE-EMPLOYMENT SCREENING, PREDICTING BEHAVIOURS, ABILITIES AND SKILLS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Humanmetrics AND/OR OWNERS, DIRECTORS, PARTNERS AN SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, CONTENT AND/OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, CONTENT AND/OR SERVICES, WITH PROVISION OR FAILURE TO DELIVER THE WEBSITE, CONTENT AND/OR SERVICES, FOR BREACH OF INFORMATION, INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION YOU PROVIDED TO Humanmetrics, OR SUBMITTED VIA THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Humanmetrics HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, CONTENT AND SERVICES.

IN NO EVENT WILL TOTAL LIABILITY OF Humanmetrics UNDER OR RELATED TO THESE TERMS OF USE, THE TERMINATION THEREOF, AND/OR THE PROVISION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE FEES WE ACTUALLY RECEIVED FROM YOU DURING THE ONE (1) YEAR PERIOD PRECEEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.

4. Restrictions

The Jung Typology Test™ and the Political Performance Indicator™, including their questionnaires and results, are provided free of charge only for personal non-commercial use or educational purposes. Any other use of The Jung Typology Test™ and the Political Performance Indicator™, including any indirect commercial use such as, without limitation, instructing prospective job candidates to take the Jung Typology Test™ and provide results to the hiring organization or a recruitment agency as part of their recruitment process, is strictly prohibited unless agreed to in writing by Humanmetrics. You may submit your permission inquiry to us here.

5. Termination

You may terminate the Terms of Use at any time and effective immediately by discontinuing all use of the Website, Content and Services and destroying all materials you obtained from or via the Website, and any copies thereof.

Humanmetrics may terminate these Terms of Use with or without cause at any time and effective immediately. Upon receive a notice of termination from Humanmetrics, you must destroy all materials obtained from the Webstie and via the Services and any copies thereof.

Sections 1,2,3,6,8,9,10,11,12,13,14,15 and all other provisions of these Terms of Use which may reasonably be construed as surviving termination hereof, shall survive termination of these Terms of Use for any reason.

6. Access Restriction

Humanmetrics may terminate or restrict your access to all and any part of the Website, Products and/or Services at any time, in its sole and absolute discretion, and effective immediately.

7. Third Party Services

Humanmetrics may refer, advertise, and/or offer for sale, via its Website, Content or Services, certain third party services and/or products ("Third Party Services"), including, without limitation, links to other websites ("Linked Sites"), or advertisement banners presented by third parties (“Ads”) that help us keep providing certain content and services free of charge. Humanmetrics has no control over the Third Party Services and over visitor’s interaction with them. Terms of use and information practices of these third parties are not covered by our policies. Humanmetrics is not responsible for the content of any Linked Site or information presented on any third party Ad included on our Website. The inclusion of any link or Ad does not imply endorsement by Humanmetrics of any the Linked Sites or Ads, or any association with the operators of any of the Linked Sites.

Humanmetrics makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services, Linked Sites, and/or Ads. You will not consider Humanmetrics, nor will Humanmetrics be construed, as a party to any transactions relating to Third Party Services, Linked Sites, and/or Ads, whether or not Humanmetrics may have received some form of revenue or other remuneration in connection with the transaction, nor shall Humanmetrics be liable for any costs or damages arising out of or relating to, either directly or indirectly, the Third Party Services, Linked Sites, and/or Ads.

8. Modifications of These Terms of Use

Humanmetrics reserves the right, to make changes to these Terms of Use from time to time, in its sole discretion. The updated Terms of Use are available to the User via the Website. You are advised to check the Terms of Use before using Content and/or Services to determine whether any changes have been made thereto. If you do not agree to any changes in the Terms of Use, please terminate these Terms of Use by immediately by (a) notifying Humanmetrics that you are unwilling to accept the changes to the Terms of Use, and (b) by discontinuing your access to and use of Website, its Content and Services. Your continued access to and/or use of the Website, Content and/or Services constitutes your acceptance of these Terms of Use and any changes thereto.

9. Modifications of Content and Services

Humanmetrics reserves the right, in its sole discretion, to make changes to or discontinue Content and/or Services, or portions thereof, including, without limitation, changing pricing of Products and Services, with or without notice to you, and without liability to you or any third party.

10. Applicable Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco, California, in all disputes arising out of or relating to the use of the Web Site, Content and/or Services. Use of the Website, Content and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Humanmetrics as a result of this agreement or use of the Website, Content and/or Services. Humanmetrics performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Humanmetrics's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, Content and/or Services or information provided to or gathered by Humanmetrics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Humanmetrics with respect to the Website, Content and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Humanmetrics with respect to the Website, Content and/or Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish that this agreement and all related documents be drawn up in English.

11. Intellectual Property Ownership, Copyright, Reservation of Rights

a) Jung Typology Test™, Jung Marriage Test™, Small Business Entrepreneur Profiler™, Risk Attitudes Profiler™, Role Model Profiler™, Visionary Test™, Assertiveness Test™, Morals Test™, Political Performance Indicator™, the software of these tests, and all Content of the Website are Copyright © Humanmetrics or its licensors. All Rights Reserved.

b) All of the intellectual property rights in the Website and Content belong to Humanmetrics or its licensors. All Content the HRPersonality Assessment Administration System are the intellectual property of Humanmetrics. The Products, their scoring algorithms, their report generation algorithms, and their software code are valuable intellectually property (trade secrets and confidential information) of Humanmetrics. You have no intellectual property rights in the Content, the Products, the Website and any materials thereon.

c) All Content is protected by law, including without limitation the copyright laws of the United States, Canada, and other countries, and by international treaty provisions. All rights not expressly granted are reserved by Humanmetrics and its licensors.

d) The unauthorized use of the Content will result in civil and criminal sanctions, including intellectual property proceedings, the pursuit of statutory damages, and all other recourse available to Humanmetrics.

12. No reverse engineering, modification, website automation or integration

a) You shall not reverse engineer, decompile, disassemble, approximate, or otherwise attempt to discover the source code, the scoring algorithms, or the reports generation algorithm of Humanmetrics Products, or any of the Content.

b) You shall not modify, adapt, translate, or create derivative works based upon the Website, Content, and any materials provided on or as a part of Website or Content. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of Website, Content and/or Services.

c) You shall not embed, integrate, automate usage of, Products offered on Humanmetrics website, fully or partially, unless expressly permitted by Humanmetrics in writing.

13. Trademarks

All brand names, product names and titles used on this site are trademarks or trade names of their respective holders.

Humanmetrics™, Jung Typology Test™, JTT™, Jung Typology Test for Workplace™, JTTW™, Jung Typology Profiler™ JTP™, Jung Typology Profiler for Workplace™, JTPW™, Jung Career Indicator™, JCI™, Jung Marriage Test™, JMT™, Small Business Entrepreneur Profiler™, SBEP™, Risk Attitudes Profiler™, Role Model Profiler™, Political Performance Indicator™, PPI™, HRPersonality™, Personality Radar™, Jung Typemeter™ are trademarks or registered trademarks of Humanmetrics Inc. or its licensors, in the United States, Canada and other countries.

Humanmetrics Products use methodology, questionnaire, scoring and software that are proprietary to Humanmetrics. JTT™, JTTW™, JTPW™, JMT™, JCI™ assessments and their results are not based on, nor incorporate the Myers-Briggs® assessment methodology, or the MBTI® instrument, and shall not be confused with the MBTI®, Myers-Briggs® and/or Myers-Briggs Type Indicator® instrument offered by CPP, Inc. Humanmetrics is not affiliated with CPP, Inc.

No permission is given in respect of the use of any of the above and any brand names, product names and titles used on this site. Any such use may constitute an infringement of the holders' rights by you.

14. Indemnification

You agree to defend, indemnify and hold each of Humanmetrics, its subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any and all claims, demands, liabilities, losses, damages and/or expenses, including reasonable attorneys' and expert witness fees, arising out of or relating to the use of the Website, Content and/or Services, and/or violation of these Terms of Use by you and/or any users of your account on the Website, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from the infringement by you, or any other user of your account, of any Proprietary Rights or other rights of any person or entity.

15. Privacy Statement

This Privacy Statement applies to the humanmetrics.com Web Site, Content, Products, and Services and governs data collection and usage. By using humanmetrics.com Web Site, Content, Products, and/or Services, you consent to the data practices described in this Privacy Statement.

15.1 Privacy Policy Overview

TESTING WITH HUMANMETRICS JUNG TYPOLOGY TEST IS ANONYMOUS - I.E., NO REGISTRATION AND NO NAME/EMAIL ADDRESS ENTRY ARE REQUIRED. WE MAY USE ANONYMOUS DATA (I.E., DATA WITHOUT ANY PERSONALLY IDENTIFYING INFORMATION) ENTERED TO OUR WEB SITE FOR, WITHOUT LIMITATION, QUALITY ASSURANCE, PERSONALIZING CONTENT, RESEARCH, MARKETING, NEW CONTENT, PRODUCTS AND SERVICES.

WE DO NOT SEND SPAM OR UNSOLICITED EMAILS. WE CONTACT OUR CUSTOMERS ONLY IN RELATION TO THE SERVICES THEY HAVE REQUESTED. WE DO NOT SELL CONTACT INFORMATION OF OUR USERS.

WE PLACE THIRD PARTY ADVERTISEMENT BANNERS ON SOME OF OUR PAGES. THESE ADS ARE SERVED BY SUCH PROVIDERS AS GOOGLE ADSENSE. PLACING THESE ADS HELPS US KEEP PROVIDING CERTAIN CONTENT AND SERVICES FREE OF CHARGE. IF YOU CLICK ON THESE ADS, YOU MAY BE DIRECTED TO A THIRD PARTY WEB SITE, AND YOU MAY BE PROMPTED BY A THIRD PARTY TO ENTER PERSONAL OR OTHER INFORMATION. HUMANMETRICS HAS NO CONTROL OVER VISITOR’S INTERACTION WITH THIRD PARTY ADS AND/OR WEB SITES, AND WE HAVE NO INFORMATION ABOUT THEIR INFORMATION POLICIES. FOR ANY THIRD PARTY SERVICES LINKED TO OR ADVERTISED ON OUR WEB SITE, YOU MUST REFER TO THEIR OWN POLICIES AND TERMS OF USE. WE HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY THIRD PARTY SERVICES THAT MAY BE LINKED TO, OR ADVERTISED ON OUR WEB SITE, AND THEIR INFORMATION PRACTICES. GOOGLE’S INFORMATION POLICY IS AVAILABLE HERE: http://www.google.com/policies/privacy/partners/

More information about our Privacy Policy is in the following sections.

15.2 Collection of Information

Testing with Humanmetrics Jung Typology Test is anonymous - no registration and no entry of personally identifiable information (e.g. name and email address) is required in order to use Humanmetrics Jung Typology Test, as well certain other Humanmetrics tests.

When you purchase services from Humanmetrics, or contact Humanmetrics, Humanmetrics obtains personally identifiable information such as your e-mail address, name, contact address and/or telephone number. Your name and email address may also have to be obtained in order to email your test or assessment results to you. (collectively the “Personal Information”)

Humanmetrics does not collect your credit card or your other method of payment information. Your payments to Humanmetrics are processed by PayPal, a third party payment service provider. PayPal’s terms of use and information practices are not covered by our policies.

Anonymous information about your network, hardware, software and Web Site usage activity that is automatically collected by Humanmetrics can include, without limitation, your IP address, your device type, your browser information, domain names, access times, referring web sites addresses, Web Site pages you visit. Your responses to Humanmetrics questionnaires, surveys, and your personality assessment scores may be anonymously (i.e. without any personally identifying information attached to questionnaires and scores) collected by Humanmetrics. Humanmetrics may also collect anonymous demographic information, which is not unique to you, such as your country, city, zip code, age, gender, occupation, and preferences. (collectively the “Anonymous Information”)

Your name, email address, responses to Humanmetrics questionnaires, surveys and resulting scores may be saved in the Humanmetrics’ back end system, in order to generate result reports that you purchase or obtain from Humanmetrics.

Humanmetrics may refer, advertise, and/or offer for sale, via its Web Site, Content or Services, certain Third Party Services, including, without limitation, Linked Sites, and Ads presented by third parties. An example of Ads, without limitation, is an advertisement banner of an educational institution, or Ads served by Google AdSense. If you click Ads, you may be directed to a Third Party web site, and prompted by a Third Party to enter personal and other information. Humanmetrics has no control over the Third Party Services and over visitor’s interaction with them. Terms of use, privacy and information policies of the Third Party Services are not covered by our policies.

15.3 Use of Personal Information

Humanmetrics does not sell, rent or lease its customers’ Personal Information.

The Personal Information is collected by Humanmetrics to deliver services that you have purchased and/or requested from Humanmetrics, provide test results to you, and provide customer support to you. Humanmetrics may use your contact information to inform you of other products or services available from Humanmetrics and its affiliates. Humanmetrics may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Humanmetrics may share your contact information with trusted partners to send you email regarding the service you have requested, or provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Humanmetrics and its clients.

Humanmetrics will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Humanmetrics or the Web Site; (b) protect and defend the rights or property of Humanmetrics; and, (c) act under exigent circumstances to protect the personal safety of users of Humanmetrics.

15.4 Use of Anonymous Information

The Anonymous Information is used by Humanmetrics for the operation, maintaining the quality, enhancements and analysis regarding use, of the humanmetrics.com Web Site, Content, Products, and Services, and for research. The Anonymous Information may be collected by Humanmetrics or its service providers (e.g., Google Analytics or Google AdSense). The content and Ads that appear on the Web Site’s pages may be customized based on the information about the pages you visit, your geographic location based on your IP address, and/or results of your personality assessment. You grant Humanmetrics an irrevocable, perpetual, royalty-free right and license to use the Anonymous Information for, without limitation, quality assurance, personalizing content, research, marketing, new content, products and services.

15.5 Use of Cookies

When you visit the Web Site, we or one of our third party service providers (e.g., Google Analytics) place a text file called a “cookie” in the browser directory of your computer’s hard drive. The Web Site uses cookies to help you personalize your online experience and provide certain features. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your browser, and can only be read by a web server in the domain that issued the cookie. One of the primary purposes of cookies is to provide a convenience feature. The purpose of a cookie is to tell the web server that you have returned to a specific page, or have been authenticated, or to personalize content based on result of a personality test you take on the Web Site, or recall your specific information on subsequent visits. You have the ability to accept or decline cookies via your browser. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer, or delete cookies after using the Web Site. Some browsers may provide “privacy” or “incognito” mode in which cookies are automatically deleted after closing the browser. If you choose to decline cookies, you will not be able to use certain features and fully experience the interactive features of the Web Site.

15.6 Security of Personal Information

Humanmetrics takes steps to secure personal information from unauthorized access, use or disclosure. Humanmetrics keeps the personally identifiable information you provide on computers in a controlled environment, protected from unauthorized access, use or disclosure. Online payments are accepted via PayPal and protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

15.7 Changes to this Privacy Statement

Humanmetrics will occasionally update this Privacy Statement. Humanmetrics encourages you to periodically review this Privacy Statement.