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By accessing and browsing our site, you accept, without limitation or qualification, all Terms and Conditions.
DISCLAIMER OF WARRANTIES
Talent Gear publishes information on the Internet to enhance public access to our information.Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Talent Gear expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Specific to DiSC® profiles and other related materials: These items are not intended for use as a predictive tool for success in employment or in a particular job classification. Nor are they intended for use as a guaranty or warranty of success in relating, working, behaving. These items are self-discovery tools.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING BEHAVIORAL STYLE ASSESSMENTS AND SUPPORTING MATERIAL, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR WITH RESPECT TO THE ACCURACY, COMPLETENESS, OPERABILITY, OR USEFULNESS OF ASSESSMENTS OR THE RESULTS THEREOF.
Talent Gear makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Talent Gear or through or from the service shall create any warranty not expressly stated in these terms.
Although the information and profile assessments contained herein, and on the TalentGear.com website, has been compiled from sources believed to be reliable, Talent Gear makes no guarantee, representation, assurance or warranty, express or implied, as to, and assumes no responsibility for the correctness, sufficiency or completeness of such information or answers or of the scoring of profiles, assessments, surveys, or tests contained herein. ALL ASSESSMENTS, SURVEYS, PROFILES, OR TESTS ARE PRESENTED IN AN "AS IS" CONDITION AND ANY WARRANTIES FOR FITNESS OF PURPOSE OF MERCHANTABILITY ARE HEREBY EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY
You assume full responsibility, and Talent Gear, and its owners, officers, and board, shall not be liable for, (i) your use and application of profiles or assessments, (ii) the adequacy, accuracy, interpretation or usefulness of profiles or assessments, and (iii) the results or information developed from your use or application of profiles or assessments. You waive any claim or rights of recourse on account of claims against Talent Gear, and its owners, officers, and board, either in your own right or on account of claims against Talent Gear, and its owners, officers, and board by third parties. You shall indemnify and hold Talent Gear, and its owners, officers, and board, harmless against any claims, liabilities, demands or suits of third parties. The foregoing waiver and indemnity shall apply to any claims, rights of recourse, liability, demand or suit for personal injury, property damage, or any other damage, loss or liability, directly or indirectly arising out of, resulting from or in any way web sites' assessments or information, or the use, application, adequacy, accuracy, interpretation, usefulness, information, or management, or the results or information developed from any use or application of profiles, assessments, or other information, and whether based on contract obligation, tort liability (including negligence) or otherwise. In no event will Talent Gear, and its owners, officers, and board, be liable for any lost profits or other consequential damages, or for any claim against you by a third party, even if Talent Gear, and its owners, officers, and board, has been advised of the possibility of such damages.
Talent Gear, and its owners, officers, and board, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
All claims arising out of the use of this site shall be governed by applicable laws and users of this site hereby irrevocably submit to the jurisdiction of the state of incorporation, and agree to initiate and prosecute any and all claims that may be brought against Talent Gear and assigns, and irrevocably waive any objection they may now or hereafter have as to the venue of suits or that such Courts are an inconvenient forum. Users of this site further agree that Talent Gear and assigns shall not be responsible or liable to users or any other person as successor, assignee or third party beneficiary of users for indirect, punitive, exemplary, special or consequential damages which may be alleged as resulting, directly or indirectly, from the use of this site.
These Terms and Conditions, copyright notices, legal notice, business policies, privacy security statements, are governed by the internal substantive laws of the state of incorporation of Talent Gear, without respect to its conflict of the laws' principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions, expressed or implied, shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
In no event shall Talent Gear, and assigns, its licensors, its suppliers or any third parties mentioned on the Site, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Talent Gear is advised of the possibility of such damages. Talent Gear shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1.00. Talent Gear is not liable for any
personal injury, including death, caused by your use or misuse of its Web Sites or Content.
You agree to defend, indemnify and hold Talent Gear, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
When you visit TalentGear.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Except as expressly provided elsewhere on the web sites of Talent Gear, these Terms and Conditions, Policies, Security & Privacy Statements, Legal and Copyright Notices, constitute the entire agreement between you and Talent Gear with respect to the use of the Site and Content.
Talent Gear may at any time revise these Terms and Conditions, Legal Notices, Statements, Policies & Practices, by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current documents and postings to which you are bound.