TERMS OF USE

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Last Modified: February 18, 2021

By signing up for the Empirical Personality Typing course or any of the services of Empirical Personality (“Services”)  you are agreeing to be bound by the following terms and conditions (“Terms of Use”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Use. You can review the current version of the Terms of Use at any time at here. Empirical Personality reserves the right to update and change the Terms of Use by posting updates and changes to the Empirical Personality website. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Use agreement and Empirical Personality's Privacy Policy.

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1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use these Services.
    1. You must have permission of your legal guardian if you under the age of 18 years or younger or under the age of majority in the jurisdiction where you reside or from which you use these Services. 
  2. You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process. These are marked as required fields. 
  3. You acknowledge that Empirical Personality will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Empirical Personality cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  5. A breach or violation of any term in the Terms of Use as determined in the sole discretion of Empirical Personality will result in an immediate termination of your account.

2. General Conditions

  1. You must read, agree with and accept all of the terms and conditions contained in this Terms of Use and the Privacy Policy before you may become a member of Empirical Personality.
  2. Technical support is only available via email and to current students.
  3. You may not use the Empirical Personality Community or Discord service for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Alberta.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Empirical Personality.
  5. Questions about the Terms of Use should be sent to [email protected].
  6. You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

4. Empirical Personality Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time.
  2. We reserve the right to refuse services to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any user, Empirical Personality employee, member, or officer will result in immediate account termination.
  5. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  6. Empirical Personality retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Empirical Personality  reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

5. Limitation of Liability

  1. You expressly understand and agree that Empirical Personality shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, mental health or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Empirical Personality or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Empirical Personality partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your sole risk. The Services are provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. Empirical Personality does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  5. Empirical Personality does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
  6. In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Empirical Personality Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.

6. Waiver and Complete Agreement

The failure of Empirical Personality to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Empirical Personality and govern your use of the Service, superseding any prior agreements between you and Empirical Personality (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

  1. All media and content, including but not limited to, videos, text, books/eBooks, icons, graphics, audio, downloads, and data ("Content") posted by Empirical Personality is the Intellectual Property of Empirical Personality or licensors or licensees. 
  2. We do not claim any intellectual property rights over the material you provide to the Empirical Personality service; for example, content posted to the, including but not limited to, the Community or Discord ("Social") by users. All material you upload remains yours. 
  3. By uploading Content, you agree: (a) to allow other internet users to view your Content; (b) to allow Empirical Personality to display and store your Content; and (c) that Empirical Personality can, at any time, review all the Content submitted by you to its Service.
  4. You retain ownership over all Content that you upload to Social; however, by making your content public, you agree to allow others to view your Content. You are responsible for compliance of Content with any applicable laws or regulations.
  5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

8. Payment of Fees

  1. A valid credit card is required for accounts able to process orders using a live payment gateway. Alternatively PayPal may be used and would be subject to their Terms and Policies.
  2. The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. Empirical Personality does not provide refunds for Services excluding the following subsection:
    1. Empirical Personality does not provide refunds for the Empirical Personality Typing course past 20% viewing, progression or completion of the course (approximately 10 lessons) or after 7 days from purchase. 

9. Cancellation and Termination

  1. You may terminate your account at anytime by emailing [email protected].
  2. Once termination is confirmed, all of your Student Information will deleted from the Services. Since deletion of all data is final please be sure that you do in fact want to terminate your account before doing so.
  3. We reserve the right to modify or terminate the Empirical Personality service for any reason, without notice at any time.
  4. Fraud: Without limiting any other remedies, Empirical Personality may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

10. Modifications to the Service and Prices

  1. Prices for using Empirical Personality are subject to change upon 30 days notice from Thinkific. Such notice may be provided at any time by posting the changes to the Empirical Personality Site (learn.empiricalpersonalty.com or empiricalpersonality.com) or at your student dashboard via an announcement.
  2. Empirical Personality reserves the right at any time to time to modify or discontinue, the Services (or any part thereof) with or without notice.
  3. Empirical Personality shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.