DataPoints

Terms of Use

1. AGREEMENT. By taking the foregoing assessment and submitting your contact information for the purpose of receiving your results, you agree to the Terms of Use and Privacy Policy as set forth herein. YOU HEREBY EXPRESSLY REPRESENT AND AGREE THAT BY AGREEING TO THESE TERMS, YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. You agree and acknowledge that you understand that the Internet site that linked or referred you to the assessment that you have taken or are about to take (the “Referring Site”) has done so to provide you with a valuable psychological assessment result in exchange for your personal contact information. The operator of the Referring Site will only use your personal information consistent with the terms of the privacy policy of the Referring Site, which is expressly incorporated by reference into this agreement. By agreeing to these Terms of Use and Privacy Policy, you are acknowledging and agreeing to the referenced privacy policy of the Referring Site.

2.1. PERSONAL INFORMATION COLLECTED. To access the results of the administered assessment you have the option to provide certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your annual income and/or net worth); (3) Demographic Data (such as your zip code, age, and income); and (4) Assessment Data (such as cognitive, behavioral, experiential, and/or other psychological data provided in responses to assessment questions).

2.2. USES OF COLLECTED PERSONAL INFORMATION
(a) ACCESS TO AND USE OF COLLECTED PERSONAL INFORMATION. The Personal Information that you provide will be accessible to the operator of the Referring Site, as well as by the administrator of the assessment, DataPoints LLC (the “Administrator”). The operator of the Referring Site and the Administrator may use Personal Information to send you information about their respective products or services, or promotional material from their partners, or to contact you personally (including by not limited to via e-mail and through an automated e-mail distribution list). Personal Information, including but not limited to Assessment Data, may be used publicly in marketing, research, or other publicly reported parts of the Administrator’s business, but any public use of data will be in a non-personally identifiable manner, such as reporting aggregate-level data (such as survey results) or non-identifiable individual data (such as an anonymous quotation from a survey).
(b) SHARING OF PERSONAL INFORMATION. The Administrator does not share any Personal Information with advertisers or other third parties, except for the operator of the Referring Site. The sharing of Personal Information by the operator of the Referring Site shall be governed by the privacy policy of that site.
(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION. You may choose not to provide any Personal Information in conjunction with the administration of the subject assessment. In that event, you will not be able to access the results of your assessment.

3. NO ADVISOR-CLIENT RELATIONSHIP AND NO LIABILITY. The operator of the Referring Site and the Administrator offer the assessment and its results to you as a service and in exchange of valuable consideration for your Personal Information. Neither the operator of the Referring Site nor the Administrator serve in the role of your financial advisor or psychological counselor, and neither party assumes any liability for any adverse result from an assessment or any personal financial outcomes that result from your financial behaviors. You hereby acknowledge and agree that you are not entitled to rely upon any of the content received at or from the Administrator’s site, including but not limited to the output or report from any assessment. You further acknowledge and agree that neither the operator of the Referring Site or the Administrator has or will provide investment advice or an investment recommendation. The Administrator is not registered with the Securities and Exchange Commission or any other federal or state regulatory authority as an investment advisor, broker-dealer, or any other designation that would allow the Administrator to provide investment advice. You agree and acknowledge that the Administrator, including its employees, officers, and other representatives, are not financial or investment advisors, financial planners, or registered broker-dealers, and therefore cannot and do not provide you with investment advice either through the output of the assessment(s) or any other means. You acknowledge and agree that the Administrator is not and shall not be responsible for any investment and/or trading decisions and any resulting damages or losses resulting directly or indirectly from the use of any content provided by the Administrator. You acknowledge and agree that you are responsible for all of your personal financial and investment decisions and transactions.

4. COPYRIGHT. All contents of the assessment(s) are copyrighted by the Administrator, all rights reserved. All contents of the Referring Site are subject to the Referring Site operator’s copyright policy.

5. GOVERNING LAW. This agreement shall be construed in accordance with and governed by the laws of the United States and the State of Georgia, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Atlanta, Georgia, USA in all disputes arising out of or related to the use of the assessment and/or this agreement and agree to waive all objections to such disputes being heard by the state or federal courts in Atlanta, Georgia, USA.

6. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

7. NO LICENSE. Nothing contained on the Referring Site or on the Administrator's site should be understood as granting you a license to use any of the trademarks, names, service marks, or logos owned by the operator of the Referring Site, the Administrator, or by any third party.

8. GEORGIA USE ONLY. The assessment(s) is/are controlled and operated by the Administrator from its offices in the State of Georgia. The Administrator makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the assessment(s) should not and shall not be construed as the Administrator’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Georgia.