1.1 Use of System / Acceptable Use Policy.
The System should be used as only one factor in your company's overall employment screening process. The results from this assessment should not be used as the sole determinant as to whether to hire or not to hire an individual. The System is designed to assist in identifying job related preferences and abilities that should be more thoroughly investigated through interviews, additional assessments, or background and reference checks. The proper review of previous work experience and the skills required by the job, as well as personal references, should all be part of a comprehensive process. When the safety of others must be considered, a background check, drug screening and a medical examination by a doctor should all be considered as well. This assessment does not measure violent tendencies, psychotic conditions, sexual deviance or political opinions and cannot be used in identifying these conditions or to predict any associated behaviours.
a. By utilising the System, whether in whole or in part, you understand and agree that the System will be used in conjunction with and in adherence to all local, national and other guidelines for proper assessment and evaluation of employees, co-workers, candidates for hire, and all other personnel who may be given access to the System, and shall not be: (a) relied on solely in making a decision concerning a candidate's prospective employment; and/or (b) used to discriminate against current employees or applicants on the basis of any legally or otherwise protected status, such as race, colour, religion, sex, national origin, sexual orientation, age or disability. While PeopleKeys® offers clients (i.e. companies) the ability to input questions specific to a certain position/job and requires candidates to affirm that they are willing to adhere to, perform, consent or agree with certain position/job requirements, prerequisites and/or preconditions, it is your responsibility to ensure that these practices are legal and officially permitted by local, national or other regulations. Therefore, PeopleKeys® and its affiliates, representatives, consultants and agents (collectively, the “PeopleKeys® Group”) assume no responsibility for your use of the System in hiring and other human resource decisions; in addition, PeopleKeys® assumes no liability for the use of questions within the PeopleKeys® system that are requested by you, or to links on a client website that might be associated with such questions. Finally, you agree to indemnify, hold harmless and defend the PeopleKeys® Group from any claims, damages, losses, liabilities and all costs and expenses of defence, including but not limited to legal fees, resulting directly or indirectly from your use of the System, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentionally wrongful acts of the PeopleKeys® Group.
1.2. Payment for Services and Termination Policy.
All charges for use of the System must be paid in advance according to the then current prices applicable to the System. If you fail to pay any fees and taxes within seven (7) days from the applicable due date, your account will be suspended until payment is received. In addition, your failure to fully pay any fees and taxes within fourteen (14) days after the applicable due date will be deemed a material breach of these Terms and Conditions of Use, justifying PeopleKeys®' termination of its provision of the System and related services to you. You are responsible for any fees associated with reinstatement of your System account. Any such suspension or termination would not relieve you from having to pay past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable legal fees, court costs and collection agency fees.
1.3. Refund Policy.
We will refund electronic product purchases in the form of a credit to your PeopleKeys account. No cash or credit card refunds will be processed on electronic products purchased online from one of our stores. If you have any questions, please call customer service on +1-800-779-3472.
2.1 Intellectual Property.
All materials, software programs, including but not limited to, object code and source code, data or information developed by PeopleKeys® in connection with the System, and any know-how, inventions, discoveries, methodologies, trade secrets or processes used by PeopleKeys® to provide the System to its users, whether or not protectable by copyright or patents, (collectively, the “People Keys Proprietary Information”) are and will remain the sole and exclusive property of PeopleKeys® or its suppliers (as licensed to PeopleKeys®). Unauthorised use of, copying, reverse engineering, decompiling, and creating derivative works based on any such PeopleKeys® Proprietary Information is expressly prohibited except as otherwise permitted in writing by PeopleKeys®. You may be held legally responsible for any direct or indirect violation or infringement of PeopleKeys®’ ownership rights in regard to PeopleKeys® Proprietary Information.
You hereby grant to PeopleKeys® the right to use your trademarks, if any, for the limited purpose of associating any such trademarks with online or written reports generated for you by PeopleKeys® using the System. This is not a trademark licence and no other rights relating to your trademarks are granted to PeopleKeys®.
THE PEOPLEKEYS® SYSTEM IS PROVIDED "AS IS." PEOPLEKEYS® MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY, OR SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SYSTEM, ITS RELATED ON-LINE CONNECTION OR THE INFORMATION IT CONVEYS. THE PEOPLEKEYS® GROUP SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS WITH RESPECT TO THE SYSTEM, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL PEOPLEKEYS® BE HELD LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF PEOPLEKEYS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEOPLEKEYS® SPECIFICALLY DISCLAIMS ANY LIABILITY DUE TO SYSTEM DOWNTIME, SCHEDULED OR UNSCHEDULED; DATA LOSS; OR OTHER SYSTEM EVENTS BEYOND THE REASONABLE CONTROL OF PEOPLEKEYS®, INC., ITS AFFILIATES, REPRESENTATIVES, CONSULTANTS AND AGENTS. PEOPLEKEYS® DOES NOT GUARANTEE THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE.
3.2 Inappropriate Use Disclaimer.
Reports from www.MotivationalLiving.com, www.PersonalityStyle.com , www.Discinsights.com and www.PeopleKeys.com represent valid and reliable interpretations of individual responses to the DISC Personality System Profile. The reports generated from this online system provide the most in-depth analysis of individual responses to the DISC profile instrument, leading to the most accurate, in-depth conclusions available. However, it is important to understand that this publication is based upon the responses entered by the subject and is designed to provide accurate and authoritative information with regard to the subject matter. It is distributed with the understanding that the publisher is not engaged in rendering professional psychological services. If expert assistance is required, the advice of a professional, competent person should be sought.
All personal and contact information provided to PeopleKeys® by users of the System will be held in confidence and will used only for contact purposes and to apply the assessment tools provided through the System.
5. Governing Law and Dispute Resolution.
Any disputes arising from your use of the System and application of these terms and conditions shall be governed by the law of Pennsylvania, USA, without regard to its conflicts of law provisions. All disputes between the parties shall be submitted for arbitration before one arbitrator selected according to and applying the Commercial Arbitration Rules of the American Arbitration Association. The parties agree to venue and jurisdiction in Pittsburgh, Pennsylvania, USA.
6. Ownership, Customer Data, and Confidentiality"
6.1 Ownership. As between the parties, we exclusively own and reserve all right, title, and interest in and to the System, the Documentation, our Confidential Information (as defined below), and any data that is derived from the use of the System that does not directly or indirectly identify you, End Users, or any natural person, and includes (a) data such as responses, scores, interaction metrics, bounce rates and System performance data and, subject to any restrictions under applicable laws, (b) data that is anonymised, de-identified, and/or aggregated such that it could no longer directly or indirectly identify you, End Users, or any natural person, and any feedback or suggestions provided by you or an End User regarding the System. As between the parties, you exclusively own and reserve all right, title, and interest in and to your Confidential Information and Customer Data, subject to our rights to process Customer Data in accordance with these Terms.
6.2 Customer Data. You grant us and our Affiliates the right to process Customer Data as necessary to provide the System services in a manner consistent with these Terms, our Data Protection Agreement, and our Privacy Notice. If you do not agree with the terms of our Data Protection Agreement or our Privacy Notice, you must stop using the System immediately. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide Customer Data to us for use and disclosure.
6.3.1 Definition. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure, including, without limitation, Customer Data, customer lists, pricing, concepts, processes, plans, designs and other strategies, ‘know how’, financial, and other business and/or technical information and materials of the Disclosing Party and its Affiliates. Confidential Information does not include any information which: (a) is publicly available through no breach of these Terms or fault of the Receiving Party; (b) was properly known by the Receiving Party, and to its knowledge, without any restriction, prior to disclosure by the Disclosing Party; (c) was properly disclosed to the Receiving Party, and to its knowledge, without any restriction, by another person without breach of the Disclosing Party’s rights; or (d) is independently developed by the Receiving Party without use of or reference to the Confidential Information of the Disclosing Party.
6.3.2 Use and Disclosure. Except as otherwise authorised by the Disclosing Party in writing, the Receiving Party will not (a) use any Confidential Information of the Disclosing Party for any purpose outside of exercising the Receiving Party’s rights or fulfilling its obligations under these Terms and (b) disclose or make the Confidential Information of the Disclosing Party available to any party, except to its, its Affiliates’, and their respective employees, legal counsel, accountants, contractors, and in our case, subcontractors (collectively, “Representatives”) who have a ‘need to know’, as necessary for the Receiving Party to exercise its rights or fulfil its obligations under these Terms. The Receiving Party is responsible for its Representatives’ compliance with this Section 6.3. Representatives will be legally bound to protect the Confidential Information of the Disclosing Party under terms of confidentiality that are at least as protective as the terms of this Section 6.3. The Receiving Party will protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information but in no event less than reasonable care.
6.3.3 Compelled Disclosure. The Receiving Party may disclose the Confidential Information of the Disclosing Party if so required pursuant to a regulation, law, subpoena, or court order (collectively, “Compelled Disclosures”), provided the Receiving Party gives the Disclosing Party notice of a Compelled Disclosure (to the extent legally permitted). The Receiving Party will provide reasonable cooperation to the Disclosing Party in connection with a Compelled Disclosure at the Disclosing Party’s sole expense.
Last update: 25 July 2022