Terms for DiSC Profiles, Tests, and Assessments

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SPECIFIC ACTION^® / DiSC-STRATEGIES
TERMS OF USE

hen ordering profiles, tests, reports, and other products and materials from this website to make teamwork more dynamic and effective, clients are agreeing to the following Specific Action Corporation policies, disclaimers, and terms of use:

      1. Clients agree to honor all of Inscape Publishing, Inc.'s (called "Inscape" in these Terms) national and international servicemarks, trademarks, and copyrights.

      2. Clients agree to honor all of Specific Action Corporation's (called "SAC" in these Terms) national and international servicemarks, trademarks, and copyrights.

      3. In the event that SAC makes an error in the sale of any personality test, report, book, or any other product on this site to a client, or in the transfer of any Inscape "Credit" to a client's EPIC account, SAC will cheerfully correct the error at no cost to the client -- no questions asked.

      4. Clients agree that each order placed on this site for each Inscape or SAC product will be treated as a separate, individual, and stand-alone order. Clients agree that each order on this site will be given only the discount for which it qualifies as an individual order in its individual quantity at the time and date of ordering. Orders on this site aren't "cumulative," don't "accrue," and can't be "combined" for purposes of earning a lower volume price schedule over time.

      5. Clients agree that all sales of all products and services on this website are final. After SAC has pre-purchased and transferred Inscape "Credits" to a client's account on the Inscape EPIC website at the value in U.S. dollars placed on them at that time by Inscape, the Credits cannot be refunded, returned, cancelled, or exchanged. Likewise, after SAC has transferred "Test Access Codes" and/or "Book Access Codes" to clients for the downloading of online personality tests, reports, and books from Inscape's EPIC website and/or the SAC website, the Codes cannot be refunded, returned, cancelled, or exchanged. SAC makes all sales on this site with the understanding that all clients have intentionally analyzed their training needs carefully; have decisively ordered the correct tests, reports, books, and other products necessary to satisfy those training needs; possess the financial stability, credit, and monetary means to pay for the necessary products; and have purposefully issued the correct Test Access Codes and Book Access Codes to employees and/or trainees for the downloading of the correct products to fulfill those training needs.

      6. Clients understand and agree that both Inscape and SAC may (or may not) enact price increases (usually 10% to 20% on all tests and reports) at midnight on any given day of the year -- usually on January 31st or March 31st. Thus, any and all orders for Inscape or SAC products entered in the SAC Store after midnight Central Time (after midnight in the sixth time zone) on the night of such price increases in such years will be priced at the New Year's prices. However, the number of Inscape "Credits" required to purchase a test or report does not change -- whether purchased from SAC at the "old" price or at the "new" price after such price increases.

      7. The transferring of Inscape "Credits" to client EPIC accounts is limited to Inscape's office hours of 8:00 o'clock in the morning to 5:00 o'clock in the evening Central Time; and to SAC's office hours of 9:00 o'clock in the morning to 4:30 o'clock in the evening Eastern Time. Both Inscape's and SAC's offices are closed evenings, weekends, and national holidays -- and Credits cannot be transferred during those times. However, the downloading of tests from Inscape's EPIC website by means of Test Access Codes; and books from SAC's website by means of Book Access Codes; may be done 24/7 in any time zone and in any geographic location by clients who are serving as administrators of their own product downloads.

      8. Clients agree that SAC has the customary Internet right to collect and encrypt IP addresses, domain names, email addresses, bank and credit card information, and other such technical facts for internal use and for the filling of client orders. However, SAC fully respects the right-to-privacy of all clients, and does not disclose, sell, or make available to any outside person or persons, any data or facts about any client; and in the case that any data or facts about any client are required for any legal proceeding or other controversy, such data and facts will not be released by SAC without the prior written permission of the client.

      9. To minimize credit card fraud and identity theft, SAC verifies all bank codes, credit card holder names, addresses, phone numbers, email addresses, and other such technical data and facts required to fill orders. At SAC's option, the processing of any order may be delayed up to 30 days pending verification of such information; and SAC reserves the right to refuse service to any client, or potential client, with or without cause, and with or without stating a reason for such refusal.

    10. SAC specializes in the sale of pre-paid personality tests, reports, books, and other such products in order to make client team-building programs faster, easier, and more effective. Thus, all clients understand and agree that SAC's special prices are available only due to SAC's policy of pre-payment. SAC does not carry accounts receivable for its clientele. Thus, Inscape "Credits" are transferred to client EPIC accounts (for tests and reports), and SAC Book Access Codes are transferred to clients (for books), only after client pre-payments have cleared the involved banks or credit card companies. SAC does not accept pre-payments by cash, personal check, or funds not in U.S. Dollars. SAC does accept pre-payments by company check, cashier's check, money order, and personal or company credit card, after these have cleared the involved banks or credit card companies. By special request, SAC also accepts bank drafts, and monthly credit card installment payments.

    11. SAC is not responsible for how clients use Inscape "Credits" or Inscape "Test Access Codes" after SAC has transferred the Credits and Codes to a client's EPIC account. SAC transfers a specific number of Credits and Codes to a client's EPIC account to pay Inscape's list prices and release a specific quantity, and type, of tests, reports, or other products a client has ordered. After Inscape transfers such Credits and Codes to the client's EPIC account, SAC is not responsible should the client use some, or all, of the Credits and Codes for tests, reports, or products other than those ordered from SAC. SAC recognizes that changes in the intended use of Credits and Codes are sometimes necessary for clients. But clients bear the full financial and legal responsibility for such changes; and clients agree to hold SAC blameless and harmless if at any time during their corporate team-building programs they lack a desired quantity, or type, of Inscape test, report, or other product, due to changes they themselves made in the use of Inscape Credits and Codes after ordering them from SAC.

    12. All Inscape "Credits" transferred by SAC to a client's account on the Inscape EPIC website are transferred only after the pre-purchase of a specific quantity and type of Inscape tests and reports. SAC does not "sell" Inscape Credits separately -- since such a practice would be unfair both to clients and SAC. If SAC sold Credits at Inscape's list price, it'd be unfair to clients because they'd be bypassing SAC's special price scale and paying list price for all products. Likewise, if SAC sold Credits at a reduced rate, it'd be unfair to SAC because clients could then sidestep SAC's special price scale and buy products at cheaper than intended prices. (For example, if SAC sold Credits separately at 25% off list, these cheapter Credits could then be used by a client to download products for which SAC only allowed only 5% off list, and so on.) It is for these legal, financial, and common sense reasons that SAC does not sell Inscape Credits separately.

    13. SAC is not responsible for how clients use Book Access Codes for SAC online personality books after SAC has transferred the Codes to a client for the downloading of books from the SAC website. SAC releases a specific number of Book Access Codes to a client for a specific quantity of books a client has ordered. After these Codes are transferred, SAC is not responsible should the client use some, or all, of the Codes for employees, managers, supervisors, or persons other than those intended at the time of the order from SAC. SAC recognizes that changes in the planned use of Book Access Codes are sometimes necessary for clients. But clients bear the sole legal and financial responsibility for such changes; and clients agree to hold SAC blameless and harmless if at any time during their corporate team-building programs they lack a desired quantity of books due to changes they themselves made in the use of Book Access Codes after ordering them from SAC.

    14. This SAC website exists for the sole purpose of selling individual and personal informational and inspirational products. SAC does not claim to provide -- or intend to provide -- specific managerial, supervisory, financial, marketing, or production advice to organizations by means of the sale of these products. The SAC website is provided to clients solely as a place to purchase DiSC tests, reports, books, and related products -- the use of which is the sole ethical, financial, and legal responsibility of the client. Further, these DiSC products are not "predictive" tools in the legal senses of the word; and are not being sold or presented as being "predictive" of success on any job or in any job situation. All of the DiSC tests, reports, books, and other products contained on, or downloaded from, the SAC website; and/or contained on, or downloaded from, the Inscape website, are provided to clients on an "as is" and "as available" basis only -- without warranties of any kind; including implied warranties, or warranties of usability, fitness for a particular purpose, or non-infringement of the rights of third parties. SAC is not responsible for any or all managerial, supervisory, financial, marketing, or production problems that might result from the use of any test, report, book, or other product purchased on, or downloaded from, this site, or from the Inscape site; or for any damage or loss of profit, goodwill, or any other tangible or intangible damage or loss -- and all reliance on, and use of, the tests, reports, books, and other products downloaded from the SAC and Inscape websites is at the client's own risk. SAC makes no warranty that its products or services, or that Inscape's products or services, will meet client expectations, or will be timely, uninterrupted, secure, or error-free; or that any result obtained from such products and services will be accurate or reliable; or that any product or service purchased through, or downloaded from, the SAC or Inscape websites will meet client requirements -- and any oral or written information obtained from SAC's office or employees, or from Inscape's office or employees, to the contrary does not create a warranty not expressly stated in these terms of use.

    15. Clients agree to indemnify, defend, and hold blameless and harmless, SAC and its affiliates, business partners, officers, directors, employees, and agents, from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating to the client's use of SAC's website, and/or to the client's use of Inscape's website; or relating in any other way to any other breach of these SAC policies, disclaimers, and terms of use.

    16. SAC reserves the right, at its sole discretion, to modify, disable access to, or discontinue, temporarily or permanently, any part of, or all of, this website; and any of the information or products contained on it, without liability, and without notice to its clients.

    17. If any person, group, or organization requests SAC to administer and download any of the Inscape or SAC tests, reports, and books that it has purchased for its employees, trainees, or employment candidates; such clients can click Product Category #11 -- "Administrative Option" -- on the SAC website's Product Page or in the SAC Store; and can add SAC's "Optional Administrative Fee" to their purchase. The List Price for this special service for 2007 - 2008 is ten U.S. dollars ($10.00) per test, report, assessment, book or other product being administered; and SAC's standard volume discount scale applies to the fee. After adding this fee to their purchase, such clients must also put their request in writing (email or land mail) to SAC, and a written agreement negotiated to describe the exact tasks SAC is to perform: including the settings on Inscape's EPIC website to be used, and other such technical details. Clients can contact SAC by phone, email, land mail, or fax to negotiate such agreements. No product administration and downloading by SAC can begin until such a written agreement is signed; and until SAC receives a correct and complete list of the names and email addresses of the trainees to whom products are to be sent. Clients agree that this SAC special administrative service is subject to, and governed by, all of the previous clauses of these Disclaimers, Policies, and Terms of Use.

    18. If any person, group, or organization requests SAC to interpret any of the Inscape or SAC tests, reports, or assessments that it has purchased for use with its employees, trainees, or employment candidates; such clients can click Product Category #15 -- "Profile Interpretations" -- on the SAC website's Product Page or in the SAC Store; and can add SAC's "Confidential DiSC Interpretations for Specific Roles or Jobs" to their purchase. The List Price for this special service for 2007 - 2008 is twenty-four dollars and ninety-five cents in U.S. dollars ($24.95) per test, report, or assessment being interpreted; and SAC's standard volume discount scale applies to the fee. After adding this fee to their purchase, such clients must also put their request in writing (email or land mail) to SAC, and a written agreement negotiated to describe the exact tasks SAC is to perform: including the job description or position guide(s) to be used, and other such technical details. Clients can contact SAC by phone, email, land mail, or fax to discuss these contractual details. No interpretations by SAC can begin until such a written agreement is signed; and until SAC receives a correct and complete list of the names and email addresses of the employees, trainees, or candidates involved, the source of the copies of the DiSC tests, reports, or assessments to be used, copies of the job descriptions or position guides to be used, and the name and email of the HR or Training Department person to whom the interpretations are to be sent. Pursuant to Clause 14 above, all clients using this special service agree that this SAC interpretation service is subject to, and governed by, all of the previous Disclaimers, Policies, and Terms of Use proscribed in Clause 14 above, and proscribed in all the other clauses on this page. In addition, it is specifically understood and agreed by all clients that there are many variables in making decisions on the hiring, promoting, or transferring of employees, and that any or all of these variables can create success or failure on any job or in any position. Among these variables are such things as the employee's past job experience; natural talents; learned skills; formal and informal education; stability of private family life; personal integrity; personal goals; validity of background references; validity of credit history, and many other such variables. Due to this complexity in an employee's life, DiSC Interpretations of candidate or employee behavior are intended to be used as only only one of the variables in such decisions, and can never be used alone (disregarding any or all of the other variables) in making such decisions. Thus, since SAC has no control over how many other variables its clients will diligently and successfully develop and use in their employee decisions -- subject to the terms of Clause 14 above -- SAC presents its DiSC Interpretations to clients without warranties of any kind, and without representing that its interpretations are "predictive" of success or failure on any job or in any job situation in the legal senses of the word; and SAC's clients acknowledge and agree with this disclaimer when they purchase this service.