MBTIonline Terms of Use
Effective Date: April 29, 2023
These are the Terms of Use of MBTIonline.com an online platform of The Myers-Briggs Company group of companies (the "Company", "we", "us” or "our” and the like) with resources and supporting materials related to MBTI type.
These Terms of Use apply to all users of Elevate, whether customers or users of the goods and services of: The Myers-Briggs Company, a California benefit corporation; The Myers-Briggs Company Limited, a company registered in England and Wales; The Myers-Briggs Company Pte. Ltd, a company registered in Singapore; and The Myers-Briggs Company Pty Ltd, a company registered in Australia, and includes the European branch offices of The Myers-Briggs Company Limited (including The Myers-Briggs Company – France, The Myers-Briggs Company – Netherlands and The Myers-Briggs Company – Germany and its European operations in Belgium and Ireland).
By creating an MBTIonline.com account, or by accessing or otherwise using the MBTIonline.com website (“MBTIonline”), you agree to be bound by these MBTIonline Terms of Use (“Terms of Use”) as of the earliest day you create your MBTIonline account or make use of MBTIonline (“Registration Date”). You must be at least sixteen (16) years old to use MBTIonline; if you are under sixteen (16) years old, please do not create an MBTIonline account.
1. The MBTIonline SiteMBTIonline.com (“the Site”) is provided by the Company. By creating an MBTIonline account and paying any applicable fees, you will be able to complete the MBTIonline assessment (“Assessment”), generate your report (“Report”), or make use of other experiences made available on MBTIonline, such as the teams experience (“MBTIonline Teams”). Each MBTIonline account may only be used by a single, named user. Subject to these Terms of Use, including (without limitation) payment of the applicable fee(s) detailed on the Site, the Company shall grant you access to the content, features, and functionality made available on MBTIonline.
2. Fees & Payment TermsIn order to complete the Assessment and access your Report, or to make use of other experiences made available on the Site, you must create an MBTIonline account and pay the fees specified on the Site. Payment of the fees will grant you access to your Report and any additional content, features, or functionality the Company may choose to make available in its sole discretion. Fees must be paid in advance via credit card.
You are responsible for all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether such exactions are imposed directly upon you or upon the Company) (collectively, “Taxes”) imposed on your use of MBTIonline. Taxes do not include any taxes that are imposed on or measured by the net income of the Company.
If any of your payments are disputed, retracted, revoked, or otherwise withdrawn, the Company may, without limiting its other rights and remedies, suspend your access to MBTIonline until such amounts are paid in full.
3. GiftingThe Site may allow you to purchase access for the benefit of another individual (e.g., gifting). If you choose to make use of the gifting features on the Site, then you must provide the Company with the gift recipient’s contact information so that the Company may electronically deliver the gift to the gift recipient. When you purchase access to the Site as a gift, the Company will provide you with a one-time access code which can be shared with the gift recipient so that the gift recipient may redeem the gift and access the Site. All gift sales are final and are not eligible for return. Gift access codes may only be redeemed once and will become inactive once redeemed. For that reason, please do not share the gift access code with anyone other than the gift recipient. The Company shall not be responsible for any lost, stolen, or misplaced gift access codes. Gifts may not be resold under any circumstances. If you purchase a gift and the gift recipient cannot redeem the gift due to technical reasons, please contact the Company at support@mbtionline.com for assistance. Gifts may not be available in all languages.
4. MBTIonline Data & PrivacyIn order to deliver the Assessment, Report, and other functionality made available on the Site to you, the Company must collect certain personal information (sometimes called “personal data”) from you. The Company will use your personal information in accordance with the Company’s Privacy Policy, a copy of which is made available on the Site. In order to provide you with ongoing access to your Report and the Site, the Company will store personal information associated with your MBTIonline account for as long as your MBTIonline account remains active. If your MBTIonline account becomes inactive for eighteen (18) months, then the Company will delete your MBTIonline account and anonymize the personal information associated with your MBTIonline account.
For those aspects of the Site that involve the processing of personal information pertaining to more than one individual (for example, without limitation: MBTIonline Teams), the Company will store personal information associated with those individuals for as long as the person purchasing the experience (“Purchaser”) has an active MBTIonline account. If the Purchaser’s MBTIonline account becomes inactive for eighteen (18) months, then the Company will delete the MBTIonline accounts of all individuals participating in the experience and the Company will anonymize all personal information associated with those accounts.
When your MBTIonline account is deleted or anonymized, you will lose access to your MBTIonline account and all associated data. Thereafter, neither the Purchaser nor the individuals participating in the experience or will be able to access any content on the Site, and Reports and content will not be retrievable after account deletion. Once your MBTIonline account has been deleted or anonymized, you will be required to create a new account and pay the fees stated on the Site if you want to generate a new Report or make use of other functionality on the Site that requires a fee.
At all times, including while your MBTIonline account remains active or inactive and thereafter, the Company reserves the right to retain all data generated via MBTIonline in non-personally identifiable format for the Company’s scientific research, product development, and other business purposes as further detailed in our Privacy Policy.
As between you and the Company, the Company is the data controller for purposes of applicable data privacy laws. As a data subject, you have certain rights as related to the processing of your personal information; please refer to our Privacy Policy for more information.
5. Your ResponsibilitiesThe Company makes MBTIonline available on a 'one-user-per-account' basis. You may not share your MBTIonline account or your MBTIonline username and password combination with anyone else. You shall use your best efforts to prevent unauthorized access to or use of your MBTIonline account and shall notify the Company immediately upon discovery of any unauthorized access or use. You shall not sell, resell, rent, or lease your access to MBTIonline or offer the Assessment or the Site's scoring services to any third party. You shall not use MBTIonline to store or transmit any infringing, libelous, or otherwise unlawful or tortious material. You shall not use MBTIonline to store or transmit malicious code or software that will impair the functionality of MBTIonline or other websites or devices, or otherwise access MBTIonline in a manner not specifically authorized by these Terms of Use. You shall not interfere with or disrupt the performance of MBTIonline or attempt to gain unauthorized access to MBTIonline for yourself or for others. You shall not copy, frame, or mirror any part of the Site or any content made available on it. You shall not reverse-engineer MBTIonline, the Assessment, your Report, or the scoring thereto. You shall not access MBTIonline in order to build a competitive product or service or to copy any features, functions, scoring, or content made available on the Site. You shall not remove any copyright, patent, trademark, design right, trade secret, or any other proprietary rights notices from any part of the Site or the materials made available on the Site.
6. Downtime & AvailabilityThe Company will use commercially reasonable efforts to make MBTIonline available at all times except for planned downtime and unavailability caused by circumstances beyond the Company's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures or Internet service provider failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability of MBTIonline. You agree that your payment of fees relating to your use of MBTIonline are not contingent upon the delivery of any additional functionality or any additional support from the Company.
The Company reserves the right to make MBTIonline unavailable, either temporarily or permanently, by providing written notice to you via the Site.
7. Intellectual PropertyYour use of MBTIonline involves the Company's intellectual property, and your use of that intellectual property is governed by these Terms of Use. You acknowledge and agree that the Company is the sole and exclusive owner of the Site and all MBTIonline content (and their accompanying intellectual property rights). The Company reserves all right, title, and interest in and to the Site and MBTIonline content, including all intellectual property rights. Your limited license to use MBTIonline content is expressly limited by these Terms of Use.
MBTIonline provides you with the ability to purchase an electronic administration of the Assessment in order to generate your Report, as well as other experiences the Company may choose to make available on the Site. If you purchase such an administration or make use of those experiences, and provided you pay the applicable fees and abide by these Terms of Use, then the Company grants you a limited license to access and view your Report (and the supplemental content made available on the Site) but only for your personal, non-commercial use. You agree not to infringe any of the Company's intellectual property rights in any content licensed to you. This limited license that the Company grants to you is non-exclusive, non-transferable, and non-sublicensable, and expires when your MBTIonline account terminates or is deleted or anonymized. You may not alter or modify the Site nor any MBTIonline content. You may not reproduce the Site nor reproduce or distribute any MBTIonline content in any manner not specifically contemplated by these Terms of Use. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any MBTIonline content.
The Site may allow you to provide written feedback on one or more aspects of the Site. If you choose to provide such feedback, the Company may (but is not obligated to) use such feedback to alter or improve the Site and its associated functionality. The Company has no duty to view or use any feedback you provide, nor to attribute any feedback to you. You will not be compensated for any feedback you submit.
8. Term & TerminationYour use of MBTIonline shall be governed by these Terms of Use starting on your Registration Date.
You may request that the Company delete your MBTIonline account at any time by providing the Company with thirty (30) days' written notice. Should you choose to delete your account, you will not receive any refunds, and you will need to create a new account and pay the fees specified on the Site if you wish to generate a new Report or access any other functionality that requires a fee.
If the Company determines, in its sole discretion, that you have breached these Terms of Use, then the Company may immediately terminate your MBTIonline account by providing written notice to you. Such termination by the Company shall be effective as of the date the Company provides such notice.
If your account is deleted, then you will lose all access to MBTIonline and your MBTIonline account data, Reports and content.
9. MiscellaneousYou agree to defend and indemnify the Company, its officers, directors, employees, and assigns against any claims, damages, losses, costs, or liabilities of any kind (including reasonable attorneys' fees) arising out of or in connection with any actual or alleged breach of these Terms of Use, or in connection with any third-party suits or claims alleging matters which, if true, would constitute a breach of these Terms of Use.
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY'S LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS OF USE.
THE SITE AND ITS ASSOCIATED FUNCTIONALITY ARE PROVIDED "AS-IS." THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SITE OR ITS FUNCTIONALITY, INCLUDING ANY REPRESENTATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between the parties; we are independent contractors. Except as otherwise specified in these Terms of Use, all notices, permissions, and approvals under shall be in writing. Notices to the Company shall be addressed using the information made available under the "Contact Us" portion of the Site. All notices to you shall be addressed to the most recent contact information associated with your MBTIonline account. No failure or delay by the Company in exercising any right under these Terms of Use shall constitute a waiver of that right. Other than as expressly stated herein, the Company's remedies provided herein are in addition to, and not exclusive of, any other remedies at law or in equity. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of use shall remain in effect. You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of the Company. These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed by the laws of the applicable entity of The Myers-Briggs Company from whom you purchased the license(s) to use MBTIonline, and the place of performance of the contract is the country of incorporation of that entity. These Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. Any provisions of these Terms of Use that by their nature would survive shall survive any termination or expiration of these Terms of Use or termination or expiration of your MBTIonline account. The Company may update these Terms of Use at any time for any reason by providing written notification to you via the Site.
Trademarks
Myers-Briggs Type Indicator, Myers-Briggs, MBTI, and the MBTI logo are trademarks or registered trademarks of The Myers & Briggs Foundation in the United States and other countries. The Myers-Briggs Company logo is a trademark or registered trademark of The Myers-Briggs Company, in the United States and other countries.
View or download The Myers-Briggs Company’s trademark guidelines.
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