WorkTraits User Terms & Conditions
Registration. If eligible, you must create an account and provide certain information as part of the registration process in order to fully use and benefit from the Service provided by this Website. You are solely responsible for ensuring that the information and data you provide (whether as part of the registration process or in response to the Worktraits Compatibility Survey or for anything related to the Service) is accurate, current and complete. Similarly, you acknowledge and agree that Precision may rely upon the information and data you provide as being accurate, current and complete and that Precision may use such information and data in order to provide the Service.
Accordingly, you hereby acknowledge and agree that Precision is not responsible for, and cannot verify or vouch for, the accuracy and completeness of any of the information and data you provide to Precision.
Term and Termination. This Agreement will remain in full force and effect once you access or use the Website or the Service and will continue to remain in full force and effect thereafter. You may terminate your account and/or subscription and right to access or use the Website or Service at any time, for any reason, by sending email notice of termination to firstname.lastname@example.org. Alternatively, you may terminate your account and/or subscription and right to access or use the Website or Service by simply going to your account page and clicking the “delete” button to remove yourself from the system. Similarly, Precision may terminate your account and/or subscription and right to access or use the Website by sending notice to you at the email address you provided during the registration process, or such other email address as you may later provide to Precision. If Precision terminates your account and/or subscription and right to access or use the Website or Service, you will not be entitled to any refund of unused subscription fees. All decisions regarding termination of accounts by Precision shall be made at Precision’s sole discretion. Precision is not required to provide you notice prior to terminating your account. Precision is not required, and may be prohibited, from disclosing a reason for termination of your account. Irrespective of whether your account is terminated by you or Precision, this Agreement will remain in full force and effect after such termination. All terms and conditions that by their nature may survive termination of this Agreement shall be deemed to survive such termination, including the provisions relating to Disclaimer, Limitation of Liability, Indemnification, Applicable Laws, Arbitration, etc.
Account Security. You are solely responsible for ensuring and maintaining the confidentiality of the username and password that you choose during the registration process, and you are similarly responsible for all activities that happen under your username and password. You agree to immediately notify Precision of any unauthorized use of your username or password or any other breach of security. Precision will not be liable for any loss or damage arising from your failure to comply with this provision.
Proprietary Rights. Precision owns and retains all proprietary rights in the Website and the Service, including the copyrighted material, trademarks, and other proprietary information of Precision and its licensors. Excluding information that is in the public domain or information for which you have been given written permission by Precision, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Prohibited Activities. Precision reserves the right to investigate and terminate your account if Precision has reason to believe you have misused the Website or the Service, or behaved in a way which could be regarded as inappropriate, or done something which could be deemed unlawful or illegal.
Disclaimer. Precision makes no warranties or representations about the accuracy or completeness of the Website’s content, or any content within or related to the Service, or the content of any other site linked to the Website (whether such site is affiliated with Precision as in the case of a reseller or by a third party vendor with no ties to Precision).
THIS WEBSITE AND SERVICE, AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE OR RELATED IN ANY WAY TO PRECISION’S SERVICE, INCLUDING, WITHOUT LIMITATION, TEXT GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRECISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PRECISION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRECISION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY OF THE MATERIALS, INCLUDING, THE COMPATIBILITY SURVEY AND THE CONVICTIONS PROFILE, OR ANY OTHER MATERIALS RELATED TO THE SERVICE, IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR YOUR USE OF THE SERVICE AND THE MATERIALS ON THIS WEBSITE.
Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will Precision be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also alleged lost profits arising from your use of the Website or the Service, even if Precision has been advised of the possibility of such damages. Notwithstanding anything to the contrary set forth herein, Precision’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Precision for the Service during the term or subscription period that your account is activated.
Indemnification. You agree to indemnify, defend and hold harmless Precision, its subsidiaries, affiliates, resellers, licensors, officers, employees, agents, partners, directors and suppliers from and against any and all losses, liabilities, expenses, claims, demands, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any negligent or wrongful conduct by you or any other person accessing the Website using your internet account.
Applicable Laws. If there is any dispute arising out of your access to or use of the Website and/or the Service, by using the Website and/or Service, you hereby acknowledge and agree that any such dispute shall be governed by the laws of the State of California, without regard to conflict/choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You further acknowledge, agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in San Luis Obispo County, for the resolution of any such dispute.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided for in this Agreement, there shall be no third party beneficiaries to this Agreement.
Entire Agreement. This Agreement contains the entire agreement between you and Precision regarding the access and use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.