BVC PVA

Effective Date: Jan 4, 2023

By accessing or otherwise using a BVC Personal Values Assessment (“PVA”) you agree to be bound by these Terms of Use (“Terms of Use”). You must be at least sixteen (16) years old to complete a PVA; if you are under sixteen (16) years old, please do not create a PVA.

1. THE PVA

The PVA is provided by Barrett Values Centre L.L.C (collectively, the “Company”). By purchasing a PVA, you will be able to complete the PVA and generate your report (“Report”). Each PVA 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 PVA.

2. FEES & PAYMENT TERMS

In order to complete the PVA and access your Report, you must pay the fees specified on the site. Payment of the fee(s) will grant you access to your report and any additional content, features, or functionality the Company may choose to make available at 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) (“Taxes”) imposed on your use of the PVA. “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If any of your payments are disputed, retracted, revoked, or otherwise withdrawn, the Company may, without limiting its other rights and remedies, suspend access to your PVA report until such amounts are paid in full.

3. DATA & PRIVACY

In order to deliver the PVA and Report to you, the Company must collect personal information 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 PVA for 90 days. Once your PVA has been terminated or anonymized, you will be required to pay the fees stated on the site if you want to generate a new Report. At all times, including while your PVA remains active or inactive and thereafter, the Company reserves the right to retain all data generated via PVA in a de-identified format for the Company’s research, product development, and other business purposes.

4. YOUR RESPONSIBILITIES

The Company makes the BVC PVA available on a ‘one-user-per-report’ basis. You shall not copy, frame, or mirror any part of the site or any content made available on it. You shall not reverse-engineer the PVA, your Report, or the scoring thereto. You shall not access the PVA 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.

5. DOWNTIME & AVAILABILITY

The Company will use commercially reasonable efforts to make the PVA 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 the PVA. You agree that your payment of fees relating to your use of PVA are not contingent upon the delivery of any additional functionality or any additional support from the Company.

The Company reserves the right to make the PVA links unavailable, either temporarily or permanently, by providing written notice to you via the site.

6. INTELLECTUAL PROPERTY

Your use of the PVA 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 all PVA content (and their accompanying intellectual property rights). The Company reserves all right, title, and interest in and to the PVA content, including all intellectual property rights. Your limited license to use PVA content is expressly limited by these Terms of Use. BVC provides you with the ability to purchase an electronic link in order to complete an assessment and access your Report. If you purchase such a link, 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. You may not rent, lease, resell, redistribute for profit, or otherwise commercially exploit any PVA content.

7. TERM & TERMINATION

Your use of PVA shall be governed by these Terms of Use.

You may request that the Company delete your PVA report at any time by providing the Company with thirty (30) days’ written notice. Should you choose to delete your report, you will not receive any refunds, and you will need to pay the fees specified on the site if you wish to generate a new Report.

8. MISCELLANEOUS

You 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 PVA.

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 Barrett Values Centre L.L.C. from whom you purchased the license(s) to use PVA, 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 PVA. The Company may update these Terms of Use at any time for any reason by providing written notification to you via the site.

TRADEMARKS

The Barrett Values Centre L.L.C. logo, model, and BVC PVA is a trademark or registered trademark of Barrett Values Centre L.L.C, in the United States and other countries.