The following general Terms and Conditions cover the relationship between the Clients, Participants, Assessment takers and Vega Behavioral Consulting, Ltd. (“VBC”), and they supersede all previous versions hereof, prior negotiations, verbal agreements and form part of each and every transaction with VBC.
This agreement describes the terms and conditions applicable to the use of any of our services, provided through our Website www.yourtalentadvantage.com and other linked pages (“the Website”). By accessing the Website, you accept and agree to be bound, without limitation or qualification, by this Agreement.
If you do not accept any of the terms and conditions stated here, do not use the Website.
VBC may, in its sole discretion, modify or revise this Agreement at any time by updating this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Agreement.
Privacy
VBC privacy policy applies to the Website only and does not cover information collected on any third-party sites to which this website may link. This Privacy Policy is part of and must be read in conjunction with, the Website’s Terms and Conditions. You may view the privacy policy via www.yourtalentadvantage.com/Privacy or via the link for “Privacy” available on the footer section of every page of this website.
If you do not agree with the Terms and Conditions in their entirety, please do not use this site
Client access to the Your Talent Advantage systems
VBC will take all reasonable steps to ensure the www.yourtalentadvantage.com website remains active and accessible. At times, the Website may be unavailable for short periods due to site, software, third-party and/or network maintenance. VBC does not make any guarantees or give any assurances with regards to the immediate availability of the Assessments on the Website.
Warranties
VBC will host the Your Talent Advantage and Perceptual Style assessments and provide a link, username and password to the Website:
VBC will store the Participant’s input and results in a secure environment and will not disclose the Participant’s input or the results without the consent of the Participant.
VBC will use the assessment information internally for the purposes of statistical, analytical, research, development or to troubleshoot malfunctions with the Assessment system.
VBC warrants compliance with the Privacy Policy referenced above.
The Website and Content are provided on an “as is” basis. VEGA BEHAVIORAL CONSULTING, LTD., ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS.
The Client acknowledges that this Agreement requires all Participants to agree with the Terms and Conditions in respect to their use of the Website. Furthermore, the Client acknowledges:
The VBC assessments must not be used for any purpose other than personal development unless agreed to in writing in advance by VBC.
The use of any of VBC’s assessments by employers or other third parties in relation to employment or candidate selection or promotion is expressly forbidden.
Where the VBC assessments are used by any third party Client for any use other than personal development, Clients must first obtain Participants written consent to the project being undertaken.
That the information obtained from assessment systems is persuasive rather than conclusive and should always be used in conjunction with other available information.
That due to the inherent limitations of assessment systems generally, the VBC Assessments systems may not properly or fully assess the capability of every person who takes an assessment.
That the Client is given private access to the VBC Assessments and undertakes and agrees not to allow anyone to access or view any part of the Assessment, not to distribute or publish any information which is contained within the VBC Assessments except in the day to day use of the Assessments as provided herein.
The Client acknowledges that VBC has the right to take appropriate legal action in cases where such violation of Vega Behavioral Consulting, Ltd. Intellectual Property takes place.
Use of Content
All Content on this Website, including but not limited to text, articles, images, software, photographs, graphics, illustrations, artwork, video, audio, names, logos, trademarks, service marks, and other material (“Content”), is protected by copyright, trademark and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by Vega Behavioral Consulting Ltd., or by third parties and licensed to Vega Behavioral Consulting Ltd. Unless explicitly indicated on the Website, you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of Vega Behavioral Consulting, Ltd.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content. Some Content on or available through this site may have additional restrictions upon its use and all such restrictions form a part of this Agreement.
Limitations of Liability/Disclaimer of Damages
Your use of the Website is at your own risk. If you are dissatisfied with any of the Content or other materials on the Website or with this Agreement, or other VBC terms and policies, your sole remedy is to discontinue use of the Website.
IN NO EVENT SHALL VEGA BEHAVIORAL CONSULTING LTD., ITS LICENSORS, OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VEGA BEHAVIORAL CONSULTING, LTD., IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify, and hold harmless Vega Behavioral Consulting. Ltd., its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach of the terms of this Agreement. To the extent that you may be located through information which you may provide to VBC, Vega Behavioral Consulting, Ltd., shall provide notice to you promptly of any such claim, suit, or proceeding.
Fees and Refunds
Vega Behavioral Consulting, Ltd., reserves the right, in its sole discretion, to charge fees for existing and new services, and to change existing fee amounts at any time without reservation, limitation or prior notice. Any and all persons agreeing to pay the published fee for a service enter a legal, binding contract to pay the amount published for the service on their date of purchase. Prices and specifications of Products and/or Services are correct at the time of publication in our catalogue or other relevant literature but are subject to change without notice. In the event of technical or unforeseen problems that prevent a Client’s successful receipt of a purchased service, all reasonable efforts will be made by VBC to provide the purchased service. VBC makes no guarantee of satisfaction with the outcome of a purchased service. Requests for refund will be considered only if a Client did not receive a service that they purchased, and all efforts to supply and receive the service have been exhausted by the Client and by VBC. Receipt of the VBC Assessment products is complete when the Client submits the assessment via secured password to be scored. After the assessment is scored, no refund will be issued for that assessment.
