Book of You® and Know Thyself Guides® Terms and Conditions
If you proceed to take The Birkman Method® Assessment, you are agreeing to these terms and conditions. If you are unable to do so, please contact [email protected] 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, which is registered under the laws of the State of Delaware to also do business as Sarah E. Brown and Associates and as Book of You.com. These terms and conditions shall be deemed an agreement between the Company and the person or entity (the “User”) that uses this site or purchases a product from it. All users must be at least 18 years of age and should be residents of and be present in the United States or Canada. In order to purchase a Book of You®; or a KnowTheySelf Guide® (a “Guide”), the User must first provide certain information and take The Birkman Method® assessment (the “Assessment”) developed by Birkman International, Inc. (“BI”). The Company is not owned or controlled by BI and is independently owned and operated.
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 July 2019