These terms and conditions (“Terms & Conditions”) govern your use of CareerPath Learning System (CPLS) websites, services and products. By using or accessing our provided products or services, you agree to be bound by these Terms & Conditions, as updated from time to time. There may be instances when we offer additional terms specific to a product, service or application. To the extent such additional terms conflict with these Terms & Conditions, the additional terms associated with the product, application or service, with respect to your use of the product, service or application, will prevail. References to “us,” “we,” and “our” mean CareerPath Learning Systems.
Although the assessments and information contained on the CareerPath Learning Systems owned website have been generated from sources believed to be reliable, CareerPath Learning Systems and its websites makes no guarantee, representation, warranty or assurance, implied or expressed, as to, and assumes no responsibility for the sufficiency, correctness or completeness of such information or answers or of the scoring of assessments, profiles, surveys, or tests contained herein.
ALL REPORTS AND PROFILES ARE PRESENTED IN AN “AS IS” CONDITION AND ANY WARRANTIES FOR FITNESS OF PURPOSE OF MERCHANTABILITY ARE HEREBY EXPRESSLY DISCLAIMED.
DISCLAIMER OF WARRANTIES
CareerPath Learning Systems and its website function soley as authorized partners and distributors and are not the publishers or creators of the produces sold on this site. Therefore, we will not be held liable for any issues caused by the use, purchase, interpretations or interactions with any products, training, websites, or certifications offered by or through Everything DiSC, a Wiley brand and Wiley. We are not responsible for how our offerings are interpreted or used. We specifically function as a distributor of Everything DiSC, a Wiley brand’s products and certification. CareerPath Learning Systems is not responsible or liable for the functioning or availably for EPIC account (Electronic Profile Information Center) nor any of the profiles, assessments, or reports and data accessed on https://admin.inscape-epic.com. CareerPath Learning Systems cannot be held liable of any data stored on any of the hardware owned or used by Everything DiSC and Wiley. Your personal use of the service is at your sole risk. These services are provided on an “as is” and “as available” basis. CareerPath Learning Systems and its website expressly disclaims all warranties of any kind, whether implied or expressed, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Behavioral assessments offered on our website are not intended to be used as predictive tool for success in employment or in a particular job classification, nor are they intended for use as a warranty or guaranty of success in relating, working, behaving. The only tool we offer that has been developed expressly to indicate job performance is PXT Select™. No products available on our website should be used as the sole determining factor when making a hiring or employment decision.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING BEHAVIORAL STYLE ASSESSMENTS AND/OR SUPPORTING MATERIAL, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR PARTICULAR USE OR WITH RESPECT TO THE COMPLETENESS, ACCURACY, OPERABILITY, OR USEFULNESS OF PROFILES AND REPORTS, OR THE RESULTS THEREOF. ANY SERVICES AND PRODUCTS OFFERED RELATING TO WILY, INCLUDING GENERATING ASSESSMENTS, RESULTS, OR REPORTS ARE CONTINGENT ON WILEY MAINTAINING CAREERPATH LEARNING SYTEMS AS AN AUTHORIZED PARTNER AND/OR DISTRIBUTOR. SHOULD WILEY AT ANY TIME TERMINATE ITS AGREEMENT WITH AND/OR THE PARTNERSHIP/DISTRIBUTORSHIP OF CAREERPATH LEARNING CENTER, THEN CAREERPATH LEARNING SYSTEMS WILL NOT BE HELD LIABLE FOR ANY WORK IN PROGRESS, AGREEMENTS OR CONTRACTS THAT WILL BE LEFT UNFULFILLED.
CareerPath Learning Systems and its website make no warranty that (1) our offerings will meet all of your requirements, (2) our service will be and maintain uninterrupted, timely, error-free or secure, (3) the results of Everything DiSC and Wiley products and services will be reliable or accurate, (4) the quality of any services, products, information, or other material obtained or purchased by you through use will meet your expectations, and (5) any errors in the website or software will be accurate or correct.
Any materials downloaded or otherwise obtained through the use of our and Wiley owned websites is done at your own risk and discretion, and by doing so you agree to take sole responsible for any damage to your computer system or loss of data that results from the download of any such materials.
No advice or information, whether written or oral, obtained by you from CareerPath Learning Systems and its website or through or from our offerings and services, shall create any warranty not expressly stated in these terms.
LIMITATION OF LIABILITY
You always assume full responsibility. CareerPath Learning Systems and its owners, officers, and board, shall not be liable for, (i) your use and application of assessments, profiles, or reports, (ii) the accuracy, adequacy, interpretation or usefulness of assessments or profiles, and (iii) the results or information developed from your use of the application of assessments or profiles. You waive any claim or rights of recourse on account of claims against CareerPath Learning Systems, its website, owners, officers, and board, either in your own right or on account of claims against CareerPath Learning Systems and its website, and its owners, officers, and board by third-parties. You shall indemnify and hold CareerPath Learning Systems and its website, and its owners, officers, and board, harmless against any claims, demands, liabilities or suits of third-parties. The foregoing waiver and indemnity shall apply to any claims, liability, rights of recourse, demand or suit for property damage, personal injury, or any other damage, loss or liability, directly or indirectly arising out of, resulting from or in any way websites’ information or assessments, or the use, application, accuracy, adequacy, interpretation, usefulness, information, or management, or the results or information developed from any use or application of assessments, profiles, or other information, and whether based on contract obligation, tort liability (including negligence) or otherwise. In no event will CareerPath Learning Systems and its owners, officers, and board, be liable for any lost profits or other consequential damages, or for any claim against you by a third-party, even if CareerPath Learning Systems and its website, and its owners, officers, and board, has been advised of the possibility of such damages.
CareerPath Learning Systems and its website, and its owners, officers, and board, shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, use, goodwill, data or other intangible losses resulting from: (i) the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any data, goods, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your data or transmissions; (iv) statements or conduct of any third-party on the service; or (v) any other matter relating to the service(s).
CareerPath Learning Systems is an Authorized Partner of Everything DiSC, The Five Behaviors of a Cohesive Team, and PXT Select, a Wiley brand. Wiley has the right to terminate for convenience or for any other reason any Partner with a 30-day notice. As such, CareerPath Learning Systems shall not be liable or responsible for any outstanding services, work, or contract resulting for Wiley’s actions.
All claims arising out of the use of this website shall be governed by applicable laws and users of this website hereby irrevocably submit to the jurisdiction of the state of incorporation, and agree to initiate and prosecute any and all claims that may be brought against CareerPath Learning Systems and its website and assigns, and irrevocably waive any objection they may now or hereafter have as to the venue of suits or that such Courts are an inconvenient forum. Users of this website further agree that CareerPath Learning Systems and its website and assigns shall not be responsible or liable to users or any other person as successor, assignee or third-party beneficiary of users for indirect, special, punitive, exemplary or consequential damages which may be alleged as resulting, directly or indirectly, from the use of this site.
These Terms & Conditions, business policies, privacy security statements, are governed by the internal substantive laws of the state of incorporation of CareerPath Learning Systems and its websites without respect to its conflict of the laws’ principles. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any of these Terms & Conditions, implied or expressed, shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
In no event shall CareerPath Learning Systems and assigns be liable for any damages (including, lost profits, without limitation, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website or the Content whether based on contract, warranty, tort or any other legal theory, and whether or not CareerPath Learning Systems and its website is advised of the possibility of such damages. CareerPath Learning Systems shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1.00. CareerPath Learning Systems and its website is not liable for any personal injury, including death, caused by your use or misuse of it’s websites and their content.
You agree to indemnify, defend, and hold CareerPath Learning Systems and its website and its employees harmless from and against any actions or demands, claims, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms & Conditions.
Except as expressly provided elsewhere on the website owned by CareerPath Learning Systems, these Terms & Conditions, Policies, Security & Privacy Statements, Legal and Copyright Notices, constitute the entire agreement between you and CareerPath Learning Systems and its website with respect to the use of the Site and Content.
CareerPath Learning Systems and its website may at any time revise these Terms & Conditions, Legal Notices, Statements, Policies & Practices, by updating this posting. You are bound by any such revisions and therefore, it is recommended that you periodically visit this page to review the then current documents and postings to which you are bound.
CareerPath Learning Systems and its website reserves the right to refuse service to anyone without stating the reason.