Know Thyself GuidesR Terms and Conditions
If you proceed to take the Birkman Assessment, you are agreeing to these terms and conditions. If you are unable to do so, please contact firstname.lastname@example.org and we will resolve it with you.
1. Terms of Agreement: The term “Company” as used herein shall mean KnowThySelf, LLC, a Delaware limited liability company. These terms and conditions shall be deemed an agreement between the Company and the person or entity (the “User”) that submits this agreement by clicking the acceptance button below. In order to purchase a KnowTheySelf Guide (a “Guide”), the User must first provide certain information and take the Birkman On Demand assessment (the “Assessment”) developed by Birkman International, Inc. (“BI”). The Company is not owned or controlled by BI and is independently owned and operated.
2. Use of Assessment. Prior to purchasing a Guide, the User will need to access the Assessment by leaving this website and completing the Assessment which will take approximately 45 minutes to complete. User will need to accept the terms and conditions of BI for the use of the Assessment. All such terms and conditions shall be between User and BI and shall bind those parties. The Company shall not be a party to such separate terms and conditions between User and BI.
4. Disclaimer of Warranties. The Company makes no representation or warranty, express or implied, concerning the operation or suitability or fitness of the Assessment or the accompanying Guide or materials for any particular purpose or the merchantability of the methods or the accompanying Guide or materials with respect to the adequacy to produce any particular results. The Company hereby disclaims all warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose.
5. Limitation on Liability; Indemnity: Company’s sole and exclusive liability to the User for its use of the Assessment, the providing of information related thereto, and the purchase, creation, development, reading or use of a Guide shall be limited to the purchase price paid for the Guide. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, CONTINGENT, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, WHETHER THE THEORY BE BREACH OF THIS OR ANY OTHER WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR BREACH OF CONTRACT.
6. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
7. Choice of Law: This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of Delaware, without regard to its conflicts of laws rules. All litigation arising hereunder shall be commenced and prosecuted in state courts in New Castle County, Wilmington, Delaware, or the United States District Court for Delaware. User expressly consents to the jurisdiction and venue of New Castle County, Wilmington, Delaware or the United States District Court for Delaware, as applicable.
Changes to These Terms and Conditions
Know ThySelf, LLC may change these Terms and Conditions at any time.
Dated January 2013