Public Certification Program Terms and Conditions
Acceptance. By registering for this public certification program (“Program”), you agree to these Terms & Conditions.
Participation in Programs. Only those participants who have successfully paid and registered for the Program shall be permitted to attend the Program session(s). The registration instructions and log-in details for each Program are personal to each participant. They may not be used by anyone else nor may they be transferred or supplied to any third party or organization. If any participant or anyone else attempts to make multiple use of the registration and log-in details supplied by The Myers-Briggs Company by disclosing such details to others, the participant and its employing organization will be liable for the number of people who subsequently attended the Program using the registration details. Only participants registered for the Program and completing all aspects of the Program shall be entitled to receive a certification certificate upon successful completion of the Program.
Fees & Payment Terms. Fees for the Program are as set forth on The Myers-Briggs Company’s website(s). All payments shall be made payable to The Myers-Briggs Company in U.S. dollars. Payments are due upfront upon registration for the Program.
Taxes. You are responsible for and shall pay all applicable federal, state and local taxes, duties, fees, charges, surcharges or other similar exactions (hereinafter called “taxes”) imposed on or with respect to the Program and/or the license or sale of products that are the subject of the Program, including but not limited to: sales and use taxes, goods and services taxes and value added taxes. For purposes of this Section, taxes do not include any taxes that are imposed on or measured by the net income of Company. If you are exempt from any such taxes for any reason, Company will exempt you from such taxes on a going-forward basis once you deliver a duly-executed, signed and dated valid exemption certificate to Company’s tax department and Company’s tax department has approved such exemption certificate. It is your responsibility to keep such exemption certificate current; once expired, Company will resume charging taxes. Please send such exemption certificates directly to: The Myers-Briggs Company, 185 N. Wolfe Road, Sunnyvale, CA 94086, ATTN: Finance – Tax Department. If for any reason a taxing jurisdiction determines that you are not exempt from such taxes and assesses Company for such taxes, you agree to pay Company such taxes, plus any applicable interest or penalties.
Rescheduling Policy. Up to 14 calendar days before a Program start date, Program registrants have a one-time option to either transfer to another Program of like kind or cancel their registration. To cancel a registration, please call Customer Support at +1 800 624 1765. Requests to transfer from one Program to another Program of like kind must be made in writing by emailing contactps@themyersbriggs.com. Certification training must be completed within one (1) calendar year of the request for transfer. Multiple transfer requests or transfer requests made fewer than 14 calendar days before a Program start date will each result in a transaction charge equal to 10% of the standard registration fee for the Program the participant is registered to attend. Registration fees will not be refunded for cancellations made fewer than 14 calendar days before a Program start date. Registration fees will not be refunded where a participant fails to attend a Program he/she is registered to attend.
Cancellation, Refunds, & Returns. If you cancel at least 14 calendar days before a Program start date: (a) registration fees, less the cost of participant materials and associated charges, will be credited in full to your credit card at the time your cancellation is processed by Customer Support; (b) Participant materials returned within 60 days of the date of cancellation will be credited in full (less outbound freight charges) to your credit card within 2 weeks of receipt by us so long as the following conditions have been met: (i) Participant materials must be received by The Myers-Briggs Company in their original wrapper and in resalable condition; and (ii) Participant materials that have been opened or removed from their original wrapper and/or are not in resalable condition upon receipt will not be accepted for return and refund and will be return shipped to customer at customer’s expense; (c) To ensure the accurate processing of your return and timely refund to your credit card, please be sure to follow these steps when preparing your participant materials return shipment: (1) obtain a Return Merchandise Authorization (RMA) number from your Customer Support representative at the time you process your registration cancellation; (2) enter the RMA number and complete the 'reason for return' section on the reverse side of the packing list that shipped with your materials; (3) include the completed packing list and a copy of your registration Order Receipt in your return shipment box; and (4) ship your package via traceable methods to:
The Myers-Briggs Company
Shipping Department
1990 Rockefeller Drive
Suite 100
Ceres, CA 95307
If confirmed Program dates must be moved due to unforeseeable causes beyond the Company’s control, then the Company may cancel or reschedule Programs by providing written notice to you. In the event The Myers-Briggs Company must cancel or reschedule a Program, we will provide registrants as much advance notice as possible. Notification of cancellation will be sent to the participant email address provided at the time of registration. The Myers-Briggs Company is not responsible for any expenses (including, without limitation: travel expenses) that may accrue as a consequence of the cancellation or rescheduling of a scheduled Program.
Pre-Work & Completion Criteria. If a Program requires work to be completed prior to attendance (for example: pre-work exercises detailed in emails sent by the Company), the Company reserves the right to deny attendance to any participant(s) who fail to complete such work in advance of the Program. In such event, the participant would be offered transfer to an alternative Program subject to payment of a transfer fee. The Company has sole discretion to set the criteria required for successful completion of a Program. If a participant does not successfully fulfill the criteria required to complete a Program, then that participant will not receive the certificate or certification that is the subject of the Program. The Company does not provide refunds to participants who do not successfully complete Programs due to failure to complete certification requirements.
Privacy. In order for you to register and participate in the Program, The Myers-Briggs Company must collect certain personal information from you. The Myers-Briggs Company will process such personal information in accordance with the terms of the Company’s Privacy Policy, as updated from time to time. A copy of the Company’s current Privacy Policy may be found at: https://www.themyersbriggs.com/en-US/Support/Privacy-Policy.
If performance of the Services involves the use of third-party sub-processors of personal information (for example, without limitation: video-conferencing software providers used to facilitate delivery of the Program), then those third-party sub-processors may use personal information provided by you as set forth in their privacy policies; please refer to those policies for additional details.
The Myers-Briggs Company may record the Program sessions provided that no participants shall be video-recorded in such recordings.
Data Retention. After delivery of the Program, the Company may (but is not obligated to) retain any personal information collected during the Program for up to twenty-four (24) months after completion of the Program. After such twenty-four (24) month period (or shorter period, at Company’s discretion) has lapsed, Company will delete or anonymize all personal information collected via the services unless Company is permitted or required by applicable law to retain such personal information for longer periods.
Technology Requirements. You acknowledge that participation in certain Programs (particularly the Company’s virtual Programs) may require use of certain technologies. You will, at your own expense: (a) provide your own remote viewing venue (if required), computer systems, Internet service, and other technology, devices, and accommodations necessary to attend and participate in the Program; (b) obtain any software necessary to attend and participate in the Program, including (without limitation) the video-conferencing and/or remote screen-sharing software prescribed by Company and (c) comply with all reasonable additional technology requirements prescribed by Company in writing.
Technology Requirements. To deliver the Program, the Company may use Company publications or other products listed on Company’s websites. You acknowledge and agree that the Company is the sole and exclusive owner (or licensee of the owner, as the case may be) of such publications and other products (including but not limited to all copyrights—and renewals, extensions and/or continuations thereof—trademarks, service marks and logos used in connection with Company’s intellectual property) (“Company’s Intellectual Property”). Nothing contained in these Terms & Conditions is intended to or shall be construed as granting you any proprietary or intellectual property right, or any right, title to or interest in Company’s Intellectual Property. You agree that you will not, in any manner, at any time, or in any proceeding of any kind in any forum whatsoever, challenge, deny, dispute or contest (a) the Company’s (or Company’s licensor’s, as the case may be) ownership, right, title and interest in and to Company’s Intellectual Property, and/or in and to said intellectual property and/or other proprietary rights; or (b) the validity or registration of the copyrights and/or the trademarks in or on Company’s Intellectual Property. Subject to these Terms & Conditions, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the materials you receive during the Program, but only for your own, personal, non-commercial use. You may not rent, sell, lease, distribute for profit, or otherwise commercially exploit any of the Company’s Intellectual Property. You may not publicly perform or publicly display the Company’s Intellectual Property. You may not alter or modify the Company’s Intellectual Property in any way. You may not prepare any derivative works based on the Company’s Intellectual Property. If you do prepare any such unauthorized derivative works based on the Company’s Intellectual Property, you hereby assign to the Company in perpetuity all intellectual property rights in such unauthorized derivative works, and you hereby forever waive any “moral rights” you might purport to have in such unauthorized derivative works.
LIMITATION OF LIABILITY. YOU UNDERSTANDSAND AGREES THAT THE COMPANY’S LIABILITY TO YOU, REGARDLESS OF LEGAL THEORY, SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE RETURN OF THE AMOUNT OF FEES PAID TO COMPANY PURSUANT TO THESE TERMS & CONDITIONS. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO LOSS OF INFORMATION, PROFITS, BUSINESS OPPORTUNITIES OR GOODWILL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY CANNOT AND SHALL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR YOUR DECISIONS BASED ON INFORMATION PROVIDED IN THE PROGRAM, NOR FOR ANY NEGATIVE IMPACT ON BUSINESS PROCESSES FROM RECOMMENDED ORGANIZATIONAL DEVELOPMENT STRATEGIES. COMPANY PROVIDES ANY SUCH RECOMMENDATIONS FOR INFORMATIONAL PURPOSES ONLY. THE USE OF ANY SUCH STRATEGIES IS DONE COMPLETELY AT YOUR OWN RISK.
Your Cooperation & Our Excused Non-Performance. You agree to cooperate with Company’s reasonable instructions relating to the Program. Company shall not be in breach of this term for any failure or delay in performance of any of Company’s services arising from or attributable to: (i) your unreasonable delay or failure to cooperate with Company’s reasonable instructions; or (ii) force majeure, which shall include (but not be limited to) events that are unpredictable, unforeseeable, or irresistible, such as any severe weather, earthquake, fire, epidemic, acts of terrorism, biological warfare, outbreak of military or civil hostilities, explosions, strikes, sabotage, governmental interference, interruption of service due to telecom carriers, Internet service provider issues, power supply issues, or other technology issues. If you fail to cooperate in a timely manner with Company’s reasonable instructions regarding the Program, then Company may take reasonable actions to remediate or mitigate the effects of your non-cooperation or delay, including (without limitation) rescheduling a Program date, cancelling a Program, or restricting or denying your eligibility to participate in a Program.