The terms and conditions regarding the use of this website are entered into by and between , the owner and operator of this website (the “Website”), hereinafter referred to as enneagrammeca.com or the Company and you, as the user of the Website, hereinafter referred to as the You, the Purchaser or the Customer.
These Terms and Conditions are a resource for You to get a deeper understanding of how our service works, including the way we bill, how we interact with you, and other useful details about our services (the “Services”).
Please Note: “MONTHLY SUBSCRIPTION FEE” section contains the terms and conditions of the monthly subscription fee, its renewal, and how to cancel.
Please Note: “CONFLICT RESOLUTION AND BINDING ARBITRATION” and “CLASS ACTION WAIVER” sections contain a binding arbitration clause and class action waiver. It affects your rights about how to resolve any dispute with enneagrammeca.com.
enneagrammeca.com is normally available from 8 am -5 pm CST Monday - Friday. It reserves the right to take measures that affect the accessibility of the Website when deemed necessary for technical, maintenance, operational, or security reasons.
ELIGIBITITY REQUIREMENTS
By using the Website or the Services, You confirm that you are of legal age in your jurisdiction or have obtained explicit consent from a parent or legal guardian if you are under the age of majority. If you are a parent or guardian allowing a minor to use the Services, the Website or purchase any product from the Website, you agree to be responsible for their use of the Services, the Website, or purchase of any product from the Website.
SERVICE DESCRIPTION
The services provided at enneagrammeca.com are strictly informational. The Customer must provide the following: (1) all equipment necessary for their own Internet connection, including a computer and a modem; (2) provide for the Customer’s access to the Internet; and (3) pay any fees related to such a connection.
CREATING AN ACCOUNT AND SAVED INFORMATION
If you purchase a product or create an account on the Website, your personal information, including financial information, will be saved to make your future transactions easier, including renewing the monthly subscription (“Your Account”). This information may include your (i) personal information, such as your full name, phone number, email address, and mailing address; and (ii) your debit or credit card information (collectively, your “Saved Information”). All of your Saved Information will be collected and stored in accordance with the Company’s Privacy Policy.
You may modify or delete your Saved Information by accessing Your Account. If you need assistance with this contact support@enneagrammeca.com or 866-483-2570.
ACKNOWLEDGEMENT
You acknowledge that the tests and other products provided by enneagrammeca.com and its affiliates, agents, principals, subsidiaries, and parent organizations on this Website are purely for your personal use. You further understand that the Company does not guarantee any particular result on the test or warrant how any particular result on the test will affect You, your job performance or any relationship you may have with your employer, co-workers or any other individual.
The Company does not have any control over the results generated by your responses and cannot guarantee their accuracy with respect to predicting job performance. The Company cannot guarantee that your score on the Enneagram Test will be the same, or even close to your score on any other test, and the Company has no responsibility for any dissatisfaction you may have upon receipt of your test results.
LAWFUL USE OF THE WEBSITE
You represent and warrant to the Company that You will use the Website and any products purchased from the Website only in accordance with all applicable federal and state laws, rules, and regulations and in accordance with these Terms and Conditions and will not misuse the Website or the products provided on the Website for any illegal or prohibited activity.
COMPLIANCE WITH PRIVACY LAWS
As set forth in more detail in the Privacy Policy and the Notice at Collection of Personal Information, the Company complies with the Federal Trade Commission Act, the California Consumer Privacy Act (“CCPA”) and all other federal and state laws governing the protection of sensitive personal information, including sensitive personal information and financial account information. The Company will notify You if your personal information has been compromised in a data breach.
PRIVACY POLICY AND COLLECTION OF PERSONAL INFORMATION
You agree to the terms of the Company’s Privacy Policy and Notice at Collection of Personal Information, and in particular with the terms of the dissemination of your personal information. You agree that the Company may sell or share the information obtained through the use of Cookies and automatic data collection to third parties for monetary compensation. You further agree that the Company may also sell or share certain cookie and automatic data with third-party service providers, such as analytics, advertising, and marketing partners, to improve our services and deliver personalized experiences. These third parties may use cookies and similar tracking technologies to collect information about your browsing activities across different websites and services. This type of information may be provided to other parties for marketing, advertising, or other uses. Google, as a third-party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
MONTHLY SUBSCRIPTION FEE
Consent to the Monthly Subscription Fee: You authorize the Company to charge your credit card for the one-time fee of $1.99 for the Beneficial Package. If you do not cancel within ten (10) days of your initial purchase, you will be charged a MONTHLY SUBSCRIPTION FEE of $24.95.
Renewal of the Monthly Subscription Fee: The Monthly Subscription Fee shall be continuously and automatically renewed every month until cancelled by You.
Cancellation of the Monthly Subscription: You may cancel your monthly subscription at any time by accessing the billing link in your account, calling customer support at 866-483-2570 or by emailing the Company at support@enneagrammeca.com. There will be no pro-rating of the Monthly Subscription Fee for any period from the date of cancellation until the end of the Monthly Subscription Fee period.
If you would like to charge this subscription service to a different credit card other than what You used to make the original purchase, please call 866-483-2570 or notify us at support@enneagrammeca.com.
REFUND POLICY
The satisfaction of our customers is very important to us. Although we try to ensure You will have a good experience taking the test, if you are not satisfied with your Beneficial Packet (“the Product”), you may receive a refund by calling us at 866-483-2570 or sending us an email to support@enneagrammeca.com. We offer a 60-day full refund guarantee. The Company allows refunds only within sixty (60) days of purchase. No refunds will be given after sixty (60) days of the date of the last transaction by You. However, refunds will not be given because you do not like your test score or feel that it is inaccurate, unverifiable, or lacking in any way.
You will not be entitled to a partial refund of the Monthly Subscription Fee unless the Website is consistently not available for your use during the month in which your monthly subscription was active and you made at least three (3) separate attempts at least twenty-four (24) hours apart to access the Website without success.
COMPLIANCE WITH AUTOMATIC RENEWAL LAWS
The Company complies with the Federal Trade Commission Act (16 C.F.R. § 425), the Restore Online Shoppers’ Confidence Act of 2010, the California Automatic Renewal Laws (California Business and Professions Code § 17600 et seq.) and all other federal and state laws regarding recurring subscriptions, automatic renewals or negative option plans or billing situations by providing You with all the information necessary to consent to the monthly subscription, the length of time of the monthly subscription, if not cancelled, and how to cancel the monthly subscription.
CONFLICT RESOLUTION AND BINDING ARBITRATION
YOU AND THE COMPANY AGREE THAT IN THE EVENT OF ANY DISPUTE(S) BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTE(S) IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, THAT ANY DISPUTE(S) RELATING TO YOUR PURCHASE OF ANY TEST(S), USE OF THE SERVICES, OR USE OF THE WEBSITE IS SUBJECT TO MANDATORY ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION, AND WILL BE VENUED IN HENNEPIN COUNTY, MINNESOTA, DETERMINED BY A SINGLE ARBITRATOR, ON AN INDIVIDUALIZED BASIS.
CLASS ACTION WAIVER
BY USING THE WEBSITE AND/OR PURCHASING ANY PRODUCT(S) PROVIDED ON THIS WEBSITE, INCLUDING THE MONTHLY SUBSCRIPTION FEE, YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AS AN OPT-IN OR OPT-OUT PLAINTIFF, OR AS A REPRESENTATIVE PLAINTIFF. THE PARTIES FURTHER AGREE NOT TO CONSOLIDATE ANY DISPUTES WITH THOSE OF OTHER INDIVIDUALS OR ENTITIES.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS' FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT. THIS WAIVER APPLIES TO ALL DISPUTES, CLAIMS, AND CONTROVERSIES, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR THE PURCHASE OF A PRODUCT OR THE MONTHLY SUBSCRIPTION TO THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PRICE PAID FOR THE BENEFICIAL PRODUCT OR, IF YOU ARE A MONTHLY SUBSCRIBER, THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEE PAID BY YOU TO THE COMPANY FOR THE ONE (1) MONTH IN WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ANY REASON PERTAINING TO THE RESULTS YOU OBTAINED BY TAKING A PARTICULAR TEST PROVIDED ON THE WEBSITE NOR FOR ANY USE YOU MAY MAKE OF THE TESTS WITH RESPECT TO ANY JOB OR PROFESSIONAL OPPORTUNITY.
IN NO EVENT, CIRCUMSTANCE, OR UNDER NO LEGAL THEORY SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES) ARISING OUT OF USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE WEBSITE, (B) THE CONTENT ON THE WEBSITE, (C) WEBSITES LINKED TO THIS WEBSITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF THE WEBSITE, AND/OR (E) THE INABILITY TO USE THE WEBSITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE SERVICES, AND/OR PRODUCTS, OR WITH ANY OF THESE TERMS OR CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, SERVICES, OR PRODUCTS.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, hold harmless and/or release enneagrammeca.com, its directors, officers, and employees, from and against any and all claims, suits, causes of action, and any damages, costs and expenses, including reasonable attorney's fees, incurred by enneagrammeca.com related to your breach of any of the Terms and Conditions of this Agreement and/or arising from or related to your illegal or misuse of the Website and/or any content, Product or Service contained therein
CHANGES TO SERVICES
The Company reserves the right to modify, suspend or discontinue all or any portion of the Website at any time, with or without notice to You. Unless stated otherwise, any new features to the Website shall be subject to these Terms and Conditions. Parts of this Website are currently accessible to users without charge; however, the Company reserves the right to charge users for access to or use of any portion of the Website in the future. These Terms and Conditions may be modified by enneagrammeca.com at any time with or without prior notice. Any such changes will be posted on the Website. Your continued use of the Website shall be deemed acceptance of any modifications.
THIRD PARTY SITES
This Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster of those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and the Company is not responsible therein. The Company encourages You to review said privacy policies of the third parties' sites.
ACCURACY OF INFORMATION
Product specifications and other information have either been provided by third-party vendors (Vendor) or collected from publicly available sources. While enneagrammeca.com makes every effort to ensure that the information on this Website is accurate, it can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.
enneagrammeca.com makes no warranties or representations whatsoever regarding any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
COPYRGHT AND TRADEMARK INFORMATION
All material on the Website, including without limitation, all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the ‘Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by enneagrammeca.com or other parties that have licensed their material to enneagrammeca.com and is protected by copyright, trademark and/or other intellectual property laws. enneagrammeca.com disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, and service marks displayed on the Website are the property of either enneagrammeca.com or other third parties. You agree not to display or use such marks without written permission from enneagrammeca.com or the appropriate party.
The Materials on the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Use of the services offered by enneagrammeca.com requires an email address and a password. You, as a customer, are solely responsible for using your own email address and password to gain authorized access. You also agree not to disclose or otherwise disseminate your user email address and password to gain unauthorized access, except as may be specifically required by law. Unauthorized access to the Website is a breach of this Agreement and a violation of law. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Nothing on this Website shall be construed as conferring any license under any of the enneagrammeca.com or any third party's intellectual property rights, whether by estoppel, implication or otherwise.
NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, enneagrammeca.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
TERMINATION OF WEBSITE USE
If, in our sole judgment, you fail, or we suspect that you have failed to comply with any of these Terms and Conditions, we may, without giving notice to you, terminate your access to the Website, Your Account or any part thereof. We also reserve the right to discontinue or modify Your Account for any reason, without giving notice to you. Any modifications will be in accordance with the Company’s current Terms and Conditions and/or Privacy Policy.
If we terminate your access to the Website or Your Account or you cancel your monthly subscription, we will delete your Saved Information in accordance with our Privacy Policy. Upon termination, You acknowledge and agree that the Company shall not be responsible for any content generated by You within the scope of the Website or the tests provided on the Website.
DISCLAIMER OF WARRANTIES
enneagrammeca.com does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful goods. If your use of the Website or its materials results in the need for servicing or replacing equipment or data, enneagrammeca.com is not responsible for those costs.
enneagrammeca.com is an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, enneagrammeca.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. enneagrammeca.com shall have no liability for any interruptions in the use of this Website. enneagrammeca.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.
FORCE MAJEURE
This Agreement shall not terminate and enneagrammeca.com shall not be liable for any disruption or failure to provide the Services, Products or use of the Website, software, or other items herein contemplated if caused by a force majeure event, act of God, declaration of war by the government, cyber and/or hostile network attacks, or other event beyond the control of enneagrammeca.com.
GOVERNING LAW
This Agreement shall be deemed to have been negotiated, made and entered into in the state of Minnesota and any and all performance hereunder, or breach thereof, shall be interpreted, governed and construed pursuant to the laws of the state of Minnesota without reference to its choice of law provisions. The parties hereto hereby acknowledge and consent to personal jurisdiction and venue exclusively in Hennepin County, Minnesota (in a federal or state court of competent jurisdiction) with respect to any action or proceeding brought in connection with these Terms and Conditions. These Terms and Conditions shall be binding upon the parties, their representatives, successors, administrators, and assigns. These Terms and Conditions and the Company’s rights and obligations herein may not be assigned or delegated in whole or part by either of the parties to any third party without the prior written consent of both of the parties. The parties are that of an independent contractor and are not an employee, agent or representative of the other party and this Agreement does not constitute a partnership, joint venture, agency, employee/employer, or any other similar relationship between the parties. The Terms and Conditions constitutes and contains the entire agreement between the parties with respect to the subject matter herein, supersedes all prior written or oral understandings and agreements relating thereto, and may not be changed, modified, amended, or supplemented, except by written consent of both parties. All terms and conditions of this Agreement that would, by their nature, survive the expiration or termination of this Agreement, shall so survive.
CONTACTING US
If there are any questions regarding the Terms and Conditions, you may contact the Company using the information below.