Terms of Use

1. Introduction

We are excited about your participation and completion of Conchie Associates' Executive Leadership Online Assessment. Our website and its associated services, including the assessments oDered (collectively, the "Services"), are provided by Conchie Associates, LLC ("Conchie", "we," "us," or "our"). By accessing or using the Services, you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, please do not use the Services.

2. Eligibility and Account Creation

To access certain features of the Services, including the Assessment, you must create an account. You represent and warrant that:

• You are at least 18 years old or the legal age of majority in your jurisdiction.
• The information you provide during registration is accurate, current, and complete, and that you will not knowingly, or with the intent to defraud, provide any misleading information to the Website.
• You will maintain the security of your account credentials and promptly update your account information if there are any changes.

You are responsible for all activities that occur under your account, accessed by your username and password, whether or not authorized by you

3. Description of Services

We oDer an assessment designed to measure characteristics, traits, and dispositions that are associated with executive leadership eDectiveness. The Services include:

• Professional Tier: Access to the core assessment, visualization of your five talent dimensions, and interpretive guidance.
• Executive Tier:Includes the Professional Tier, along with additional insight profile insights, and a 1-on-1 feedback session facilitated by Conchie Associates.

3. Use of the Services

The Services, including the Assessment, are intended solely to provide developmental insights for personal use. You acknowledge and agree that the Assessment results:

• Are not a substitute for professional advice or an objective evaluation of the limits or potential of an individual's future career
• Should not be used as the sole basis for making any employment or career related decisions.
• May not be shared, disclosed, or used by any third party without our express written consent.

By using our Website, you agree:

• To comply with all applicable laws, including, but not limited to any privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.;
• To keep any usernames and passwords confidential and that you are responsible for any and all activity on your account;
• Conchie will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period;
• That you will immediately notify CONCHIE if you suspect or become aware of any unauthorized use of your account or any breach of security; and
• That CONCHIE employees may have limited access to your account and records as reasonably necessary to investigate complaints and maintain the Website

You acknowledge and agree that you may be held liable for losses incurred by Conchie or any other user of or visitor of the Website arising out of any unauthorized use of your account and/or password because you did not keep your account information secure and confidential.

Prohibited Uses

By using our Website, you agree you will not:

• Reverse engineer or otherwise attempt to discover any source code, or allow any third party to do so;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer or grant any right in, or make available to a third party, any Content, specifically including the Conchie assessments;
• Attempt to gain unauthorized access to the Website or any portion thereof, or to any tools and Content on the Website by any means;
• Use the Website in any way that damages, disables, overburdens, or impairs the Website or any of its functions or interferes with any other party's use and enjoyment of the Website;
• Test or attempt to test the vulnerability of the Website to breach security for the purpose of revealing information, including any personal identifying information other than your own information;
• Use any "deep-link," "page-scrape," "robot," "spider," or any other automatic device, program or tool to access, acquire, copy, or monitor any portion of the Website or to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Website;
• Use the Website for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, nor will you solicit the performance of any illegal activity or other activity which infringes on Conchie's rights or the rights of others; and
• Reverse look-up, trace or attempt to trace any information regarding other Website users or visitors or any Conchie customers or otherwise exploit the Website or any service, Content, or information made available via the Website in any way where the purpose is to reveal information other than your own information.

Conchie has the right to disable any account at any time if, in our opinion, you have violated any provision in these Terms of Use. To the extent that actual damages result from such activity, Conchie asserts the right to pursue remedies through a court of law.

5. Intellectual Property Rights

All content, materials, and intellectual property available on the Website, including the Assessment, text, graphics, logos, and software, are owned by Conchie Associates, LLC. You may not copy, record, modify, reproduce, distribute, create derivative works from, publicly display, or otherwise use and/or share any content from the Website without our prior written permission.

6. Privacy and Data Collection

We are committed to protecting your privacy. By using the Services, you agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

Demographic Data: Before completing the Assessment, you may be asked to provide certain demographic information. This data is voluntary and will be used exclusively for research purposes to enhance the validity, reliability, and fairness of our Assessments

7. Data Security and Deletion

We take reasonable steps to protect the security of your personal information. If you wish to delete your account and any associated personal data, you may submit a written request to sarah@conchieassociates.com. We will comply with your request within a reasonable time frame, usually within 30 days.

8. Payment, Refunds, and Re-take Terms

Payment: Fees for the Services are as described on the Website. By purchasing any Service, you agree to pay the applicable fees and any taxes related to your use of the Services.

Refunds: Refunds will only be provided if a written request is received within 30 days of purchase and before the Assessment has been started. Once access to the Assessment is initiated, no refunds will be granted.

Re-taking an Assessment: To ensure the most reliable results of an assessment, we don't recommend that a user immediately re-take an assessment. Only under extreme circumstances, where a user failed to answer a majority of the questions asked, will we consider enabling you to re-take an assessment. If you believe your circumstances warrant this, you may submit a written request to sarah@conchieassociates.com.

9. User Conduct

You agree not to engage in any of the following prohibited activities:

• Copying, recording, distributing, or disclosing any part of the Services in any medium, either for your sole personal use, or to share with any and all third parties.
• Using any automated system, including bots or scrapers, to access the Website.
• Transmitting spam or unsolicited communications.
• Attempting to interfere with or compromise the system integrity or security of the Website.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available," without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or secure, nor do we make any warranty regarding the results that may be obtained from the use of the Services.

11. Limitation of Liability

To the fullest extent permitted by law, Conchie and its aDiliates, oDicers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or in connection with the Services or these Terms.

Conchie makes no guarantees regarding the suitability, reliability, availability, or accuracy of its website and its content. The website and its content are provided "as-is" and "asavailable," without any warranties of being error-free or uninterrupted. Conchie also disclaims liability for any damages, whether direct, indirect, or consequential, resulting from the use of the website, even if foreseeable. If Conchie is found liable, its liability is limited to the price of Services rendered

12. Indemnification

You agree to indemnify and hold harmless Conchie and its aDiliates, oDicers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Changes to the Services and Terms

We reserve the right to modify, suspend, or discontinue the Services at any time without notice. We may also revise these Terms from time to time. Any changes will be eDective immediately upon posting the updated Terms on the Website. Your continued use of the Services after the changes constitutes your acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

Colorado law will govern any disputes related to these Terms of Use, the Website, the Content, and our Privacy Policy. If there is a dispute, you agree that only the federal and state courts in Colorado will have the authority to resolve it

15. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at sarah@conchieassociates.com.