USER AGREEMENT

Terms and Conditions of Use

Welcome to the Center for Applications of Psychological Type, Inc. ("CAPT"). This Agreement describes the terms and conditions applicable to your use of our services at http://www.capt.org and linked pages (hereinafter, "the Web Site"). This page states the terms and conditions (hereinafter, "the Agreement") under which you may use the Web Site. By accessing the Web Site, you accept and agree to be bound, without limitation or qualification, by this Agreement. If you do not accept any of the terms or conditions stated here, do not use the Web Site. CAPT may, in its sole discretion, modify or revise this Agreement at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Agreement.

Section 1. Privacy.

Please review our Privacy Statement at http://www.capt.org/cs/privacy.htm, which also governs your visit to our Web Site, to understand our practices.

Section 2. Trademark Notice.

Center for Applications of Psychological Type, CAPT, and the CAPT logo, are trademarks or registered trademarks of the Center for Applications of Psychological Type, Inc., in the United States and other countries.

CAPT Atlas of Type Tables is a trademark of the Center for Applications of Psychological Type, Inc., in the United States and other countries.

FLEX, FLEX Care, FLEX Talk and FLEX Sell are trademarks.

Great Teams Aren't Just Thrown Together and Felicity are trademarks or registered trademarks of the Center for Applications of Psychological Type in the United States and other countries.

Journal of Psychological Type is a registered trademark of Dr. Thomas G. Carskadon, used with permission by the Center for Applications of Psychological Type.

Klein Group Instrument and KGI are trademarks or registered trademarks of Robert R. Klein in the United States and other countries.

Looking at Type and LAT are trademarks or registered trademarks of the Center for Applications of Psychological Type, Inc., in the United States and other countries.

Mobius Model is a trademark of Mobius, Inc.

Murphy-Meisgeier Type Indicator for Children and MMTIC are trademarks or registered trademarks of Elizabeth Murphy and Charles Meisgeier in the United States and other countries.

Myers-Briggs Type Indicator, Myers-Briggs, MBTI, STEP III, and Introduction to Type are trademarks or registered trademarks of the Myers-Briggs Type Indicator Trust in the United States and other countries.

Organizational and Team Culture Indicator and OTCI are trademarks of Carol S. Pearson in the United States and other countries.

Pearson-Marr Archetype Indicator and PMAI are trademarks or registered trademarks of Carol S. Pearson and Hugh K. Marr in the United States and other countries.

Microsoft and PowerPoint are registered trademarks of Microsoft Corporation.

Strong Interest Inventory® is a registered trademark of CPP, Inc.

The MBTI Qualifying Program is presented with the approval of the CPP, Inc., the exclusive publisher of the Myers-Briggs Type Indicator instrument.

Adobe Acrobat and Adobe Acrobat Reader are registered trademarks of Adobe Systems Incorporated

All other trademarks not owned by CAPT that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CAPT.

Section 3. Use of Content

All content on this Web Site, including but not limited to text, articles, images, software, photographs, graphics, illustrations, artwork, video, audio, names, logos, trademarks, service marks and other material (collectively, the "Content"), is protected by copyright, trademark, and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by CAPT and content owned or controlled by third parties and licensed to CAPT. Unless as explicitly indicated on the Web Site, you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of CAPT.

If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.

Some Content on or available through this site may have additional restrictions upon its use and all such restrictions form a part of this Agreement.

Section 4. No Warranties.

The Web Site and Content are provided on an "as is" basis. CAPT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. CAPT, its licensors, and its suppliers make no warranties or representations about the accuracy, reliability, completeness, currentness, or timeliness of the Content or other communications provided on or through the use of the Web Site or by CAPT.

CAPT does not warrant that the Web Site will operate error-free or that the Web Site or its server are free of computer viruses or other harmful items. If your use of the Web Site or the Content results in the need for servicing or replacing equipment or data, CAPT is not responsible and shall not be liable for those costs.

SOME OF THE CONTENT ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND CAPT SHALL NOT BE HELD RESPONSIBLE FOR CONTENT SUPPLIED BY ANY SUCH THIRD PARTY.

Section 5. Limitation of Liability / Disclaimer of Damages.

Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Content or other materials on the Web Site or with this Agreement, or other CAPT terms and policies, your sole remedy is to discontinue use of the Web Site.

IN NO EVENT SHALL CAPT, ITS LICENSORS, OR ITS SUPPLIERS BE LIABLE TO ANY USER OR\ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAPT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 6. Copyright Infringement and Designated Copyright Agent.

CAPT may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes the rights of others.

If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide CAPT's Designated Copyright Agent with a written notice that includes the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• a description of where the material that you claim is infringing is located on the Web Site;
• identification of the copyrighted work claimed to have been infringed;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

CAPT's Designated Copyright Agent is:

Section 7. Linking Policy

Thank you for your interest in creating a hyperlink ("link") to www.capt.org, the Web site of the Center for Applications of Psychological Type ("CAPT"). Written permission is not required to create a link to the www.capt.org Web site but by creating a link to www.capt.org, you agree to the following Linking Policy guidelines:

1. You may use the link solely as an active hypertext link directly to CAPT's home page located at www.capt.org - you must link directly to the homepage at www.capt.org and not to any other page on CAPT's Web site or any other Internet address - and you shall clearly indicate that the link leads to the www.capt.org Web site.
2. You may not frame this Web site, cause the link to create a new browser window (unless such window occupies 100% of the user's screen, appears above all other browser windows, and only the www.capt.org URL is visible in the location bar), or otherwise cause the Web site to display in a distorted or otherwise changed manner.
3. You may not display the link in any manner likely to imply or suggest sponsorship or endorsement by or affiliation with CAPT.
4. You may not use the link in any way that tarnishes, blurs or dilutes the quality of any of CAPT's trademarks or any associated goodwill.
5. You may not use the CAPT Logo or any CAPT trademark as part of or with the link and no right, title, or trademark license to any of CAPT's trademarks is granted or implied by this Linking Policy - the only permission given is to use the URL www.capt.org in a regular font to link to CAPT's Web site.
6. You may not use the link to disparage or portray in a false or misleading light CAPT, its officers, employees, its products or services, or use the link in a manner which, in CAPT's reasonable judgement, may otherwise damage CAPT.
7. CAPT, in its sole discretion, may terminate, suspend, or modify this Linking Policy at any time by updating this posting and you agree to be bound by any such termination, suspension, or modification and should therefore periodically visit this page to determine the then current Linking Policy. Upon termination of this linking policy or any violation of these guidelines, you agree to remove any link to www.capt.org.
8. CAPT reserves the right to exercise and exhaust any right, privilege or remedy available to it under this Linking Policy and under law, in order to enforce and preserve its rights, including, without limitation, instituting legal action and/or taking measures to deny access to CAPT's Web site from any other Web site.

Section 8. Links to Other Sites.

The Web Site contains links to web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by CAPT of the contents on such third-party Web sites. CAPT is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Section 9. Indemnity.

You agree to defend, indemnify, and hold harmless CAPT, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach of the terms of this Agreement. To the extent that you may be located through information which you may provide to CAPT, CAPT shall provide notice to you promptly of any such claim, suit, or proceeding.

Section 10. General.

CAPT is based in Gainesville, Florida, in the United States of America. CAPT makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Florida. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the United States District Court for the Northern District of Florida and, in the event that this court does not have jurisdiction, then the Eight Judicial Circuit of Florida, Alachua County. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "legal notice" on the Web Site, this Agreement constitutes the entire Agreement between you and CAPT with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, and either signed by an authorized representative of CAPT or posted to the Web Site by CAPT.