GBT Legal Information
Acceptance of Terms and Conditions
You agree to the terms and conditions indicated below and all other stipulations posted on our website by using our website, using our services in any manner, purchasing our products, or using our products. Services include, but are not limited to, online and paper-based evaluation instruments and tools, whether purchased or offered free of charge, and all other devices that provide information, guidance, or advice (collectively, “evaluation tools”). Products include all online and paper-based products developed or sold by GreatBizTools, LLC (“GreatBizTools” or “GBT”) on our website, including but not limited to, training materials, forms, guides, manuals, skill and ability tests and other assessment devices, answer sheets, scoring templates, assessment results, and other related administration and scoring materials.
All content on our website (including but not limited to text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software), the compilation of all content on our website, our online and paper-based products, and our services (collectively, “website, products, and services”) are the exclusive property of GreatBizTools or other organizations with which we have agreements (“business affiliates”). All sample product pages shown on our website that display a “Discovery Enterprises, Inc.” copyright notice are now owned and copyrighted by GreatBizTools, LLC. Our website, products, and services are protected by federal and international copyright laws. No part of our website, products, or services may be copied, reproduced, distributed, or transmitted in any form or by any means, electronic or mechanical, including printing, photocopying, recording, or using any information storage and retrieval system. No adaptations, modifications, translations, or special versions of our website, products, and services may be made without permission in writing from GreatBizTools.
Service marks and trademarks indicated on our website are registered or pending trademarks of GreatBizTools or our business affiliates. These trademarks may not be used in connection with any of our products or services in any manner that may cause confusion or that disparages or discredits GreatBizTools.com, GreatBizTools, or our business affiliates. Certain trademarks that are not owned by GreatBizTools or business affiliates are the property of their respective owners, who are not affiliated with, connected to, or sponsored by GreatBizTools. Unauthorized use of these trademarks or infringement upon trademark rights is strictly prohibited.
We attempt to be as accurate as possible in providing information on our website. We do not warrant, however, that product descriptions, product prices, evaluation tool results, and any other website content are accurate, complete, reliable, current, or error-free. If a product that we offer is not as described, your sole remedy is to request a refund for an online product or to receive a refund by returning a paper-based product in unused condition.
Website Access and Use
You are granted a limited license to access and make personal use of the unsecured areas of our website without registering with us. This license does not include any resale or commercial use of our website or its contents; any collection and use of any product descriptions or prices; any derivative use; or any use of data mining, robots, or similar data gathering and extraction tools. Our website or any portion of it may not be downloaded (other than page caching), modified, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of GreatBizTools. Any unauthorized use terminates this permission to access and use our website.
Confidentiality and Security
If you register with us, thereby establishing an account with GreatBizTools, you are responsible for maintaining the confidentiality of information that you provide us and for taking the proper security measures to prevent the unauthorized use of your account. You also agree to accept full responsibility for all activities that occur under your account.
Purchase and Use of Products and Services
You agree not to sell, rent, lend, assign, or lease any portion of our products or services to a third party. If you purchase our paper-based products, you agree to provide applicants and employees materials, intended for one-time use, that have not previously been used by others. You also agree to adhere to the procedures (e.g., pertaining to the administration and scoring of assessments) contained in applicable guides, manuals, or documents that you purchase from us or that we provide to you free of charge. We reserve the right to cancel any order for our products or services at our own discretion (e.g., for reasons such as non-payment for past orders, breach of contract, suspected fraudulent activity, pricing errors, or system errors occurring during the checkout process).
Security of Products
Except for applicants and employees who are administered assessments, only authorized personnel will have access to paper-based and online products. Authorized personnel will not disclose any administration, scoring, or assessment information that typically is not available to applicants and employees. When not in use, paper-based products will be stored in locked file cabinets or secured areas. Used and unwanted paper-based products will be disposed of in an acceptable and secure manner.
Prices, Fees, and Terms
Unless otherwise stated, all prices are quoted in U.S. dollars. You agree that you are responsible for paying for products and services purchased and all applicable fees, such as sales tax, service fees, and shipping and handling charges. If you order our paper-based products using a credit card, we will not charge your credit card until after your order has been shipped. Prices are subject to change without notice. Temporary changes to prices (e.g., discounts and free promotional offers) are effective after we post such information on our website. We reserve the right to change, suspend, or discontinue applicable fees for our services at any time. Payment terms for purchase orders are NET 15 days. We reserve the right to charge you an 18% APR (i.e., annual rate of interest) for all past due amounts.
We ship orders for our paper-based products via the shipping service that you select. In most cases, orders for our paper-based products are shipped through Federal Express®. If necessary, however, we have the sole discretion to select a more reliable or cost-effective delivery service through such organizations as UPS®, DHL®, or United States Postal Service. Shipping charges are applied according to the actual rates charged by the selected delivery service, plus applicable handling charges. Although we make every attempt to ship our products within 48 hours after receiving an order, we cannot guarantee delivery of products within any time frame specified by you.
Returns and Refunds
We do not issue refunds for products returned after 90 days from the purchase date. All products that you return to us are subject to stipulations presented in our GBT Policies and Procedures.
Disclaimer of Warranties
Our website, products, and services are provided on an “as is” and “as available” basis. You agree that your use of our website, products, and services is at your sole risk. GreatBizTools makes no representations or warranties of any kind, whether express, implied, or statutory, as to the operation of our website or the information, content, products, or services provided on our website.
To the full extent permissible by applicable law, GreatBizTools disclaims any and all warranties, whether express, implied, or statutory, including but not limited to, implied warranties of accuracy, merchantability, fitness for a particular purpose, non-infringement, and noninterference with your enjoyment of our website, products, and services.
GreatBizTools makes no warranty that our website, products, and services will satisfy your requirements, or that the availability or use of our website, products, and services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. In particular, GreatBizTools does not provide a 100% “uptime guarantee” due to circumstances beyond our control (e.g., Internet and server problems).
You understand and agree that obtaining any information, products, or services through our website is done at your own discretion and risk and that you will be solely responsible for any damage resulting from the use of such information, products, or services.
Limitation of Liability
In no event will GreatBizTools or its officers, directors, employees, agents, suppliers, distributors, and business affiliates be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, special, consequential, punitive, or exemplary damages resulting from or in connection with using our website, products, or services. Damages include but are not limited to loss of profits, loss of income, loss of business, loss of information, or any other kind of loss. You agree that your use of our website, products, and services is based upon your own evaluation and judgment. Replacement of paper-based products, or a refund of all or a portion of the purchase price of online or paper-based products (i.e., based upon the condition and usability of returned materials), at the option of GreatBizTools, constitutes your sole and exclusive remedy, in lieu of all remedies and actual, consequential, special, or other damages in connection with any products or services.
In no event shall GreatBizTools’ total liability to you or any third party for any damage, loss, or cause of action exceed the lesser of: (a) the dollar value of the actual loss or (b) one hundred dollars ($100 USD).
Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, govern these Terms and Conditions and any dispute of any sort that might arise between you and GreatBizTools or its business affiliates. The United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms and Conditions.
Arbitration of Disputes
Any claim or controversy arising out of or related to these Terms and Conditions, use of our website, or use or purchase of our products and services will be settled by binding arbitration in St. Paul, Minnesota, according to the prevailing rules of the American Arbitration Association. An arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. The foregoing will not preclude GreatBizTools from seeking injunctive or other appropriate relief in any federal court in the state of Minnesota or any state court to protect our intellectual property rights or the intellectual property rights of our business affiliates.
Breach of Contract
Without limiting other remedies, we may limit your activity on our website, temporarily suspend, indefinitely suspend, or terminate your account and refuse to provide our products and services to you if: (a) you breach any part of these Terms and Conditions or other stipulations indicated elsewhere on our website; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, GreatBizTools, or our business affiliates. Our failure to act with respect to a breach by you or a third party does not waive our right to act with respect to subsequent or similar breaches.
If any part of these Terms and Conditions is deemed invalid, illegal, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity, legality, or enforceability of any of the remaining parts. We last updated these Terms and Conditions on December 15, 2011.
These Terms and Conditions, modified from time to time as described above and including the policies and procedures incorporated herein by reference, set forth the entire understanding and agreement between you and GreatBizTools. Headings included herein are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of any part of these Terms and Conditions.
1472 Chariot Court
Bonsall CA 92003