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™ (“JTPW”), 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 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 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.
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.
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
The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Humanmetrics and Humanmetrics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Humanmetrics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Humanmetrics of any the Linked Sites or any association with the operators of any of the Linked Sites. Your access and use of the Linked Sites is subject to their own terms and conditions.
Humanmetrics may refer and/or offer for sale, via the its Website, Content or Services, certain third party services and/or products ("Third Party Services"). Humanmetrics makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services. You will not consider Humanmetrics, nor will Humanmetrics be construed, as a party to any transactions relating to Third Party Services, 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.
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 province of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Greater Toronto Area, Ontario, Canada in all disputes arising out of or relating to the use of the Website, 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 Canada, the United States, 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.
Jung Typology Test™, JTT™, Jung Typology Test 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 of Humanmetrics.