By clicking ‘I Accept,’ or by creating an MBTIonline.com Account, or by accessing or otherwise using the MBTIonline.com Platform, you agree to be bound by the terms of this MBTIonline.com License Agreement (“Agreement”) as of the date you create your account or first access the MBTIonline.com Platform (“Effective Date”).
You agree to the following:
1. Definitions. The terms below are defined as follows:
1.1 "Effective Date" means the date you create your account or first access the MBTIonline.com Platform.
1.2 "Interactive Learning Session" means an online overview of the Myers-Briggs® personality framework and steps for type verification.
1.3 "Item Responses" means the responses you provide to assessments that are offered on the MBTIonline.com Platform.
1.4 "MBTIonline.com Account" means the account you register and/or use to access the MBTIonline.com Platform.
1.5 "Terms" means this MBTIonline.com License Agreement.
2.1 Assessment. Subject to the terms of this Agreement, the MBTIonline.com Platform allows you to complete a Myers-Briggs assessment in order to receive a report and/or other supplemental information, and to access the Interactive Learning Session after completing the assessment.
2.2 MBTIonline.com Data.
2.2.2 Data Retention. The MBTIonline.com Platform allows you to store data relating to your MBTIonline.com Account, such as your personal information or your Item Responses. CPP may store this data for you unless otherwise instructed by you in writing. Should you choose to cancel your MBTIonline.com Account, CPP may (but is not obligated to) store your MBTIonline.com data for up to five (5) years after such cancellation, unless otherwise instructed by you in writing. If your MBTIonline.com Account is terminated or suspended, you may lose access to your MBTIonline.com data. CPP reserves the right to delete your MBTIonline.com data at any time if your MBTIonline.com Account is suspended or no longer active.
220.127.116.11 CPP Research & Product Development.. At all times, both during the term of this Agreement and thereafter, CPP reserves the right to retain all Item Responses generated via the MBTIonline.com Platform in non-personally identifiable format for CPP’s research and product development purposes.
2.2.3 User-Submitted Content. The MBTIonline.com Platform may offer certain features that allow you as a user the ability to upload your own content for use on the MBTIonline.com Platform. Should you choose to make use of such feature(s), you agree that the content you submit shall be governed by this Section. Specifically, for each piece of content you upload, you agree to the following:
18.104.22.168 Grant of Limited License to CPP. For each piece of content you upload to the MBTIonline.com Platform, you grant CPP worldwide, perpetual, non-exclusive, fully transferable and sub-licensable permission to reproduce and use that content for CPP’s marketing and business purposes.
22.214.171.124 No Duty to Use, Attribute, or Compensate. CPP has no duty to view or use any content you submit. While CPP may provide attribution when CPP deems appropriate, CPP is not obligated to attribute your submissions to you. You will not be compensated for any content you submit.
126.96.36.199 Non-Infringement. You represent and warrant that any content you submit does not infringe the intellectual property rights of any third party and you agree to indemnify CPP against any claim(s) that the content you submit infringes the intellectual property rights of a third party.
188.8.131.52 Publicity Rights. If you submit content that contains your name or image, you agree that CPP may use your name or image in connection with certain features on the MBTIonline.com Platform. You agree to waive any claims you may have against CPP for our use of content that you have submitted that contains your name or image. You may not upload content that contains the name(s) or image(s) of any other person unless you have obtained appropriate permission. Please do not upload content depicting individuals from whom you have not obtained consent.
184.108.40.206 Modification Permitted. CPP may alter, excerpt, abridge, edit, and otherwise modify your submissions for stylistic and other purposes.
2.3 Modification of Platform. CPP may alter, change, or modify the MBTIonline.com Platform or the terms under which the MBTIonline.com Platform is provided at CPP’s sole discretion without notice to you and without your consent.
2.4 Downtime & Availability. The MBTIonline.com Platform may be unavailable during planned downtime or as a result of circumstances beyond CPP’s control, including (without limitation): acts of God; acts of government; flood; fire; earthquakes; civil unrest; acts of terror; strikes or other labor problems; equipment malfunctions; power failures; and/or Internet service provider failures. You have no expectation regarding the availability of the MBTIonline.com Platform.
3. Your Responsibilities. As an MBTIonline.com user, you have the following responsibilities:
3.1 Agreement Terms. You agree to comply fully with the terms of this Agreement.
3.2 One User Per License. When you create your MBTIonline.com Account, you are creating it solely for your own, personal use. You may not share your license or your MBTIonline.com username and password combination with anyone else. You shall use your best efforts to prevent unauthorized access to, or use of, the MBTIonline.com Platform and shall notify CPP immediately if you discover any unauthorized access or use.
3.3 No Improper Use. You shall not sell, resell, rent, or lease the MBTIonline.com Platform. You shall not use the MBTIonline.com Platform to store or transmit any infringing, libelous, or otherwise unlawful material, or to store or transmit material in violation of third-party privacy or intellectual property rights. You shall not use the MBTIonline.com Platform to store or transmit malicious code or software that will impair the functionality of the MBTIonline.com Platform or otherwise access the MBTIonline.com Platform in a manner not consistent with the lawful purpose of the MBTIonline.com Platform. You shall not provide third-parties with scoring services for any of the assessments or other products offered on the MBTIonline.com Platform.
4. Fees & Payment Terms.
4.1 Assessment Fee. The MBTIonline.com Platform allows a user to complete a Myers-Briggs® assessment and receive a report and Interactive Learning Session and/or other supplemental material following completion of the Assessment. You agree to pay the fees advertised on the MBTIonline.com Platform for all assessments you choose to complete on the MBTIonline.com Platform.
4.2 Payment Terms. All payments for products and services offered on the MBTIonline.com Platform must be made in advance via credit card.
4.3 Gifting. The MBTIonline.com Platform may allow you to purchase one or more reports as a gift for the benefit of another individual. If you choose to purchase a report as a gift, you must provide CPP with the gift recipient’s contact information so that CPP may electronically deliver the gift to the gift recipient, and you hereby represent and warrant that you have the gift recipient’s permission to provide his/her contact information. When you purchase a report as a gift, CPP will provide you with a one-time access code which can be shared with the gift recipient so that the gift recipient may redeem the gift. All gifts must be redeemed within one (1) year of purchase; gifts that are not redeemed within one (1) year of purchase will expire. All gift sales are final and are not eligible for return. Gift access codes may only be redeemed once and will become inactive once redeemed. For that reason, please do not share the gift access code with anyone other than the gift recipient. CPP shall not be responsible for any lost, stolen, or misplaced gift access codes. The gift purchaser will be responsible for any applicable taxes associated with the gift, and taxes will be assessed based on the gift purchaser’s state of residence. Gifts may not be resold under any circumstances. Gifts may only be transferred to the original gift recipient (as designated by the gift purchaser at the point of purchase) or to that original gift recipient’s designated recipient. If you purchase a gift and the gift recipient cannot redeem the gift due to technical reasons, please contact CPP at firstname.lastname@example.org for assistance. Gifts may not be available in all languages. Only residents of the United States and Canada may use the gifting feature.
5. Intellectual Property. Your use of the MBTIonline.com Platform involves CPP’s intellectual property, and use of that intellectual property under this Agreement shall be governed as follows:
5.1 CPP’s Proprietary Rights. You agree that CPP is the sole and exclusive owner of the products and other works that are offered on the MBTIonline.com Platform. CPP reserves all rights, title, and interest in and to the products and works that are offered on the MBTIonline.com Platform, including all intellectual property rights. No transfer of rights is intended by these Terms, and any licenses extended to you under these Terms shall be strictly limited in accordance with the terms set forth in these Terms.
5.2 Electronic Products. The MBTIonline.com Platform may provide you with the ability to purchase licenses for certain electronic products offered by CPP. If you purchase a license to use an electronic product via the MBTIonline.com Platform, you agree to limit your use of that electronic product to your personal, non-commercial use only. Any limited license granted to you pursuant to this Agreement shall be non-exclusive, non-transferable, non-sublicensable, and only for as long as your MBTIonline.com Account remains active. CPP may revoke this license upon termination of this Agreement. You may not alter or modify any content licensed under this Agreement, and you may not prepare derivative works based on any content licensed under this Agreement. You may not distribute licensed content in any manner not specifically anticipated by this Agreement, and you may not resell, redistribute for profit, rent, lease, or otherwise commercially exploit CPP’s intellectual property.
5.3 Restrictions. You may not copy, frame, or mirror any part of the MBTIonline.com Platform or reverse-engineer any part of the MBTIonline.com Platform. You may not access the MBTIonline.com Platform in order to build a competitive product or service or to copy any features, functions, or content from the MBTIonline.com Platform. You may not remove any copyright, patent, trademark, or other proprietary notices from products offered on the MBTIonline.com Platform.
5.4 Trademark Guidelines. You agree to follow CPP’s Trademark Guidelines at all times. You may not use any CPP trademarks in any domain names.
6. Term & Termination.
6.1 Term. This Agreement shall begin on the Effective Date and will remain in effect until terminated by the parties in accordance with the Termination provision below.
6.2.1 Termination by CPP. CPP may terminate this Agreement (and thereby revoke any license(s) granted to you under this Agreement) for any reason without penalty by providing thirty (30) days’ notice to you at the email address associated with your MBTIonline.com Account.
6.2.2 Termination by You. You may terminate this Agreement and cancel your MBTIonline.com Account (and thereby revoke any license(s) granted to you under this Agreement) for any reason by providing thirty (30) days’ written notice to CPP.
6.3 Effects of Termination. If this Agreement terminate for any reason, then:
6.3.1 No Refunds. Termination of this Agreement shall not entitle you to any refunds or credits for goods, licenses, or services already purchased under this Agreement.
6.3.2 No Access to Platform. CPP shall terminate your access to the MBTIonline.com Platform.
6.3.3 No Use of CPP’s Intellectual Property. You shall immediately stop making any use of CPP’s intellectual property.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL CPP’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THIS AGREEMENT, OR WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT. IN NO EVENT SHALL CPP HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, AND WHETHER OR NOT CPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. General Provisions.
8.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
8.2 Governing Law. This Agreement, and any disputes arising out of or related to this Agreement, shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
8.3 Venue. Any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Santa Clara County, California.
8.4 NO EXPRESS OR IMPLIED WARRANTY. THE MBTIONLINE.COM PLATFORM AND ITS ASSOCIATED PRODUCTS AND SERVICES ARE PROVIDED ‘AS-IS.’ CPP MAKES NO REPRESENTATION OR WARRANTY REGARDING THE MBTIONLINE.COM PLATFORM OR ITS ASSOCIATED PRODUCTS AND SERVICES, INCLUDING ANY REPRESENTATION THAT THE MBTIONLINE.COM PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CPP DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
8.5 No Waiver. No failure by CPP in exercising its rights under this Agreement shall constitute a waiver of that right. Other than as expressly stated in this Agreement, the remedies provided here are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
8.6 No Assignment. You may not assign any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior, written permission of CPP. CPP may assign this Agreement in its entirety without your consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of CPP’s assets.
8.7 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from this Agreement, and the remaining provisions shall remain in effect.
8.8 Surviving Provisions. The following provisions shall survive any termination or expiration of these Terms:
8.8.1 Section 1, Definitions;
8.8.2 Section 2.2, MBTIonline.com Data, and all subsections;
8.8.3 Section 4, Fees & Payment Terms, and all subsections;
8.8.4 Section 5, Intellectual Property, and all subsections;
8.8.5 Section 6.3, Effects of Termination, and all subsections;
8.8.6 Section 7, Limitation of Liability, and all subsections; and
8.8.7 Section 8, General Provisions, and all subsections.