These Terms of Use ("Agreement") apply to and govern your use of this site and your account, and is a legal agreement between you and ColorCode.com. You agree that your use of ColorCode.com or purchase of products and services sold herein signifies that you have read this Agreement, understand it, and agree to be bound by all Terms of Use. If you do not agree to these terms, do not use this site or any of its products and services.
A. COPYRIGHT AND OWNERSHIP
The entire contents of the site, including but not limited to, The Color Code Personality Test, products, services, text elements, logos, trademarks, and documents, are copyrighted by Color Code International, LLC under international copyright laws. You may print or download portions of material from the different areas of the site solely for your own non-commercial use. Any creation of derivative works, or other copying, redistribution, retransmission, or publication of any printed, downloaded, or displayed material is strictly prohibited without the express written consent of Color Code International, LLC. You agree not to change or delete any material or proprietary notices from materials downloaded from the site.
This web site is the property of Color Code International, LLC. © 2012 Color Code International, LLC. All rights reserved.
All material found on ColorCode.com is the property of Color Code International, LLC, which is owned and operated by Novus, LLC. All rights not expressly granted herein are reserved.
B. PERMISSIONS
ColorCode.com highly encourages that individuals discuss and share their impressions of our material personally and professionally; in fact, we maintain that sharing is one of the best methods to enjoy, understand, and internalize our content. It is essential, however, that we maintain the integrity and ownership of our concepts and ensure that the presentation of our materials is both accurate and appropriate. If you are interested in teaching or training using concepts and/or material found on this site or offered by Color Code International, LLC, or ColorCode.com; Color Code International can readily provide professionally-facilitated Training Programs that are customized to fit your group's specific needs. As an alternative to using our training services directly, we provide the opportunity for individuals and businesses to become licensed and certified as "Approved Trainers" through our Train-the-Trainer programs. For additional information, please contact our Training Department at (801) 810-4537.
ColorCode.com and Color Code International, LLC actively pursue the unauthorized use and training of our proprietary concepts and materials to the greatest extent known by law. If you are aware of Color Code (and related concepts) training/instruction that has been conducted by an individual or entity that is not certified by Color Code International, LLC, please send an email to lindsay@ColorCode.com.
C. ACCOUNT USER REQUIREMENTS
In order to use ColorCode.com, you must create an account and agree to be bound by these Terms of Use. To have the ability to access our website and services, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.
In consideration of your use of ColorCode.com, you agree to: (1) provide accurate, current and complete information about yourself as prompted by account set-up and (2) maintain and update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate, or outdated; or, if ColorCode.com has reasonable grounds to suspect that such is the case, ColorCode.com has the right to disable or terminate your account and refuse any and all current or future use of the site.
You will be prompted to set up your account by creating a self-generated username and password. You are solely responsible for maintaining the confidentiality of your account and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify ColorCode.com of any unauthorized use of your account or any other breach of security by contacting support@ColorCode.com. If you have forgotten your username or password, please refer to the email address referenced above or click on the "Forgot Password" link located below the login form.Unless otherwise specified, ColorCode.com grants you a non-exclusive, non-transferable, limited right to access, use, and display this website and the material provided herein and the fee-based products or services that you purchase, for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms of Use. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this website and/or any of our fee-based products. You understand that only you may use your user account and password, and that your use of fee-based Products may not be shared with others. If ColorCode.com has reasonable grounds to suspect that you have shared your account access with another individual, ColorCode.com has the right to terminate your account and refuse any refund.
D. ELIGIBILITY
ColorCode.com adheres to the Children's Online Privacy Protection Act, and as such cannot legally allow children 12 years of age or under to take our Personality Tests online. You must be 13 years old or older to use ColorCode.com. If you wish to administer The Color Code Personality Test to children under the age of 13, you must purchase the paper version of the test. It is available in both Youth and Adult formats. To purchase hard copies of our personality tests, visit the profiles section of our online store or call Color Code International, LLC customer service Toll-Free at 1 (866) 4-MOTIVE.
E. PROFESSIONAL COUNSELING DISCLAIMER
The content of this web site is intended for educational and entertainment purposes only and is not intended or considered to be professional counseling or advice, nor should it be considered any type of professional counseling transaction. Psychological services of any nature should be sought directly from a licensed professional. No communication between you and ColorCode.com should be interpreted as establishing a doctor/patient relationship.
F. COMMUNICATION
As part of the service ColorCode.com provides to our users, we communicate primarily via e-mail to inform you of enhancements or changes in our offerings, services, and products. Users have the option to remove themselves from various e-mail communications by following the removal instructions listed within the message or by following the procedures as noted in our Privacy Policy. ColorCode.com reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
G. DISCLAIMER OF WARRANTY
ColorCode.com does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to this site, any merchandise, information, or service provided through the site or on the Internet generally, and ColorCode.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. You will rely solely on your own judgment and evaluation of the information, services, materials and merchandise provided through the site and on the Internet in general. You assume total responsibility and risk for your use of this site and the Internet.
ColorCode.com does not warrant that: the information on this site is accurate, adequate, current or reliable; the information on this site is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment; messages sent through the internet will be free from interception, corruption or loss; access to this web site will be available, uninterrupted, or error-free; or that defects in this web site will be corrected. This site is provided on an "as is, as available" basis.
H. LIMITED LIABILITY
Under no circumstances, including, but not limited to, negligence, shall ColorCode.com be liable for any direct, indirect, incidental, punitive, or consequential damages that result from the use of, or the inability to use, the site or the site materials, even if ColorCode.com has been advised of the possibility of such damages. In no event shall ColorCode.com's total liability to you for all damages, losses, and causes of action, whether in contract or tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, ColorCode.com's liability is limited to the greatest extent permitted by law.
I. INDEMNIFICATION
You agree to indemnify, defend and hold harmless ColorCode.com and its officers, shareholders, employees, agents and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
The provisions of these Terms of Use are for the benefit of ColorCode.com and its employees. Each of these individuals shall have the right to assert and enforce those provisions directly against you on its own behalf.
J. LOCAL LAWS
These terms of use shall be governed by and construed in accordance with the laws of the State of Utah and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Salt Lake City, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
K. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
L. MODIFICATIONS TO SERVICE
ColorCode.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of this site or these terms of use, in whole or in part, at any time. Changes to these terms of use will be effective when posted. You agree to review these Terms of Use periodically to be aware of any changes. Your continued use of this site after any changes to these Terms of Use are posted will be considered acceptance of those changes.