Service Agreement
TYPEFOCUS INTERNET SITE LICENSE AGREEMENT FOR ORGANIZATIONAL CLIENTS - 2011

This is a binding legal agreement between us, the Licensor, TypeFocus Internet Inc., and the Subscriber, the organization (not the end users within the organization) intending to license the TypeFocus Careers Program (the "Service"). In exchange for the annual subscription fee, we grant the Subscriber, Its Administrators and End Users a limited right to use the Service. The Service includes access to our website (www.typefocus.com). If the Subscriber accesses the Service, then the Subscriber is agreeing to be bound by this Site License Agreement. If the Subscriber doesn't agree, the Subscriber may not use or copy any of it.

We may make changes to this agreement at any time in the future. Any changes become effective when the subscription is renewed. It is the Subscriber's responsibility to check the new agreement on renewal, because that's what will apply. It will be posted at http://typefocus.com/beforelogin/service_agreement.

TERMS AND CONDITIONS:

1.0 Definitions

1.1
"Documentation" means any resource sheets, support materials or other documentation supplied with or within the Service.

1.2
"End User(s)" means employees, faculty, staff, students or clients officially affiliated with the Subscriber organization.

1.3
"Invoice" means the invoice Licensor faxes, mails or emails to the Subscriber that sets out the subscription fees negotiated between the Licensor and the Subscriber as well as any special conditions that apply to the subscription.

1.4
"Personal Information" is information about an End User that is personally identifiable like a name, address, email address, or phone number, and that is not otherwise publicly available.

1.5
"Site" means:

Any site access processed by the creation of a unique username and password and shall apply to any computer connected to the Internet.

A site is normally associated with a geographic location and under one central budget. For example, a college might have a remote campus but be under the one administrative umbrella. This would normally be construed as a single site. On the other hand, a group of colleges under one association would have different geographic locations, different student bodies and likely different administrative budgets. In this case each college would be a single site.

1.6 "Client Administrator(s)" means any teacher, administrator or other professional, of the legal age of majority, located at a Site and who has formally been given administrative rights to access administrative reports. Each Client Administrator must also be an End User.

2.0 Use of License

2.1
We grant the Subscriber the right to use the Service for the term of this agreement. This is not an exclusive right and it can't be transferred to others.

2.2
End Users can access the Service from the Subscriber's Site by way of a site password that we give the Subscriber. In addition, End Users may access the Service from their home computers using this same site password.

2.3
The Resource Guide and other documentation may be copied for use with the Service at the Subscriber's Site. End Users may make screen prints from the Internet.

2.4
This is a grant of a license, not a transfer of title, and under this license neither the Subscriber nor any End User is permitted to copy, post, modify, transmit or use the Service, including its content, in any manner not expressly authorized by this Site License Agreement.

3.0 Ownership

3.1
The Service, including all text, photographs, and other content, is protected by copyright laws and international treaties. Unauthorized use of the Service may violate copyright, trade-mark and other laws. If the Subscriber copies any part of the Service or Documentation, copyright notices must be reproduced. TypeFocusTM is a registered trademark of TypeFocus Internet Inc. and trademark notices must be included in the copyright notice as well.

3.2
The Subscriber must make its best efforts to prevent any illegal use of the Service by Site Administrators, other End Users, or anyone else associated with the Subscriber's Site. The Subscriber is solely responsible for the security of its username and password and for all access to the Service by means of its username and password.

3.3
The Subscriber is encouraged to share their Site's password with all End Users. However, the Subscriber may not post their access information on a publicly available website, as this may allow unauthorized access to the Service.

4.0 End User Reports

4.1
TypeFocus Careers includes a number of reports that provide a way for End Users to save and organize information they create while using the TypeFocus Careers Program. These reports are stored electronically on our secure server.

4.2
Access to an End User's personal reports is limited by the use of a username and password chosen by the End User when he or she registers with the program.

4.3
A Client Administrator may also access some of the personal reports of End Users at the site that he or she administers.

4.4
The Subscriber, Client Administrator(s) and End Users are responsible for maintaining the confidentiality of the personal usernames and passwords. While we provide limited access to the personal reports for the benefit of our subscribers and End Users, we do not have an obligation to monitor the use of the personal reports.

4.5
The personal reports are provided for personal use only. It must be used only for the purpose of collecting, organizing and storing individual personal, career, education and life planning information and related materials for the purpose of career/life planning. Any unauthorized commercial use of these reports is not allowed.

4.6
The Subscriber is responsible for each End User who registers for the Services under Subscriber's subscription. If any End User requires consent of a parent or guardian to use the Service under any applicable law or policy, the Subscriber is responsible for ensuring that such consent has been obtained. The Subscriber warrants that the personal reports will not be used in any way or for any purpose that is unlawful or prohibited by the terms of this agreement. The Subscriber also agrees to notify us immediately upon becoming aware of any unauthorized use of the personal reports.

4.7
We reserve the right to terminate the access of any End User or Client Administrator at any time.

5.0 Personal Reports and Privacy

5.1
It is our policy to respect the privacy of End Users. Under no circumstances do we rent or sell End User lists or Personal Information to any third party. Nor do we share such information with any third party, except under the circumstances described in subsection 5.4.

5.2
Usernames and passwords are known only to the End Users and to the registered Client Administrators. In addition, our employees may occasionally access usernames, passwords and Personal Information in the course of their work duties, which include ensuring proper service and remedying technical problems. If our employees become privy to any such information in the course of their work duties, they are bound to maintain confidentiality.

5.3
We use physical, electronic and procedural safeguards to protect Personal Information. However, no security measures are foolproof and we are not responsible if security is breached by an End User or any other person.

5.4
It is possible that we may be required to provide usernames, passwords or Personal Information in order to satisfy a particular law, regulation, legal process, law enforcement or governmental request. Accordingly, we must reserve the right to monitor, review, retain or disclose any information as necessary under those circumstances.

6.0 Subscription Fees

6.1
The Subscriber agrees to pay us the applicable subscription fees as indicated on the invoice the Subscriber receives from us.

6.2
Invoices shall be paid within thirty (30) days of receipt. We reserve the right to suspend the Service, if any fees or charges are not paid when due.

7.0 Limitation of Liability

7.1
While we have made extensive efforts to ensure that the content included in the Service is accurate, we cannot guarantee that the information is free of errors or omissions. Nor can we guarantee that it will achieve any specific purpose. We do not promise that the Service will be compatible with every Internet browser or with every workstation. And we cannot guarantee that the Service will be uninterrupted or error-free or that the Service and its server will always be free of computer viruses or other harmful mechanisms. The links we provide to other websites are for the Subscribers' convenience; we do not control or endorse them and we are not responsible for their content. In other words, WE ARE PROVIDING THE SERVICE TO THE SUBSCRIBER "AS IS", WITHOUT WARRANTEES OF ANY KIND. WE DISCLAIM AND SUBSCRIBER WIAVES ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED.

7.2
We are not liable for any type of damages arising out of the use of or inability to use the Service. The Subscriber agrees that our liability to Subscriber, any End User or any other person for any kind of damages, no matter what they are or who caused them, will not exceed the Subscription Fees paid to us by the Subscriber during the current subscription term. This provision will apply to the maximum extent permitted by law.

8.0 Rights of Licensor

8.1
We can add or subtract services, features and information from any portion of the Service provided on the Internet, without warning. However, notification of any such changes will be provided by notices posted prominently within the Service.

8.2
Any rights not expressly provided for in this agreement are reserved to us.

9.0 Termination of Agreement

9.1
This Site License Agreement shall immediately terminate without notice or any other act upon: (i) Subscriber's failure to pay any subscription fee or renewal fee when due; (ii) the attempted illegal copying, distribution, transfer, assignment, lease or sale of the Service, or rights thereto, without the prior written consent of the Licensor; (iii) notice in writing given by one party to the other upon the violation by that party of any provision of this Agreement.

9.2
Paragraphs 1, 3, 5, 7, 8.2, 9, 10, 11 and 12 will continue even after the termination or expiration of this Site License Agreement.

10.0 Indemnity

10.1
If a third party makes a legal claim against us as a result of the use of the Service by Subscriber or any of its End Users, then the Subscriber agrees it will compensate us for any damages or costs we have to pay, including legal fees and expenses.

11.0 General Provisions

11.1
If we waive, delay or fail to exercise any right, provision or entitlement in this agreement, that does not mean that we are waiving any other provision, right or entitlement in it.

11.2
This Site License Agreement and the Invoice constitute the entire agreement between the parties and supersede all prior agreements and understandings, oral and written, express or implied, by and between any of the parties with respect to the subject matter of this Agreement. No amendment, modification or waiver of this Site License Agreement or Invoice shall be binding unless in writing and signed by a duly authorized representative of both parties.

11.3
This Site License Agreement is governed by the laws of the Province of British Columbia and Canada. The Subscriber agrees to the non-exclusive jurisdiction of the courts located in British Columbia.

11.4
If one or more of the provisions contained in this Site License Agreement are judged to be invalid, illegal or unenforceable in any respect in any jurisdiction, the remaining provisions will not be affected or impaired as a result, unless the essential purpose of this Agreement is undermined by such judgment.

12.0 Copyright and Trademark Notices

All Content is Copyright 2011 TypeFocus Internet Inc. Suite 205-3994 Shelbourne Street, Victoria, BC V8N 3E2. All rights reserved.

DIGITAL MILLENNIUM COPYRIGHT ACT DISCLAIMER

TypeFocus.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedures for Making Claims of Copyright Infringement below.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act.

If you believe that you hold a claim of copyright infringement against TypeFocus.com, submit notice of your claim to the following Designated Agent:

Administrator: TypeFocus.com

Email Address to Which Notification Should Be Sent: administration(at)TypeFocus.com

To be effective, the notification of your claim of copyright infringement should be written and should include the following:

A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

A statement, under penalty of perjury, that the information in the notification is accurate. Your signature. (The signature may be electronic.)

The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)

Identification of the material that you claim to be infringing and information reasonably sufficient to permit TypeFocus.com to locate the material.

Information reasonably sufficient to permit TypeFocus.com to contact you, including your address, telephone number, fax number and, if available, an electronic mail address.

You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.

A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

TypeFocus.com will respond to any DMCA complaints in a timely manner. Should you be the copyright holder of a specific piece of content featured on this site without your permission, TypeFocus.com will remove it in a timely manner once notified.

EXTERNAL LINK POLICY

TypeFocus.com links to other, external web sites that provide information we determine at our discretion contain the most useful information for our program. While many sites provide very useful information, TypeFocus.com only links to those sites which provide the most useful content.

These links may be changed at any time as more useful sites come to our attention. The sole purpose of any external link is to enrich this site for our customers. All requests for inclusion of a link on this site are first and primarily evaluated with the needs of our customers in mind.

Generally, external web sites do not meet the purposes of TypeFocus.com if they contain, suggest, or infer any of the following:

  1. Advocacy of or opposition to any politically, environmentally, or socially controversial subjects, issues, or candidates.
  2. Disparaging or promoting any person or class of persons.
  3. External content not suitable for readers or viewers of all ages, or links to or other promotion of businesses whose products or services are not suitable for persons of all ages.
  4. Promoting or inciting illegal, violent, or socially undesirable conduct.
  5. Promotion or availability of alcohol or tobacco products.
  6. Promotion or availability of illegal drugs.
  7. Promotion or availability of adult or sexually oriented entertainment or materials.
  8. Promotion, opposition, or availability of weapons.
  9. Promotion, opposition, or availability of gambling.
  10. Claims of efficacy, suitability, desirability, or other non-objective statements about businesses, products, or services.
  11. Content that infringes on any trademark, copyright, or patent rights of another.
  12. Claims or representations in violation of advertising or consumer protection laws.
  13. Content that a reasonable citizen may not consider to maintain the dignity and decorum appropriate for government.

This list is a nonexclusive list. The external link policy applies only to web sites outside TypeFocus.com. The webmaster shallestablish procedures to monitor the implementation and continuing oversight of this policy.

COPYRIGHT POLICY.

All information available through and from the Service is the property of TypeFocus Internet and is protected by copyright and other intellectual property laws. All rights reserved.

You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any information you obtain from the Service without the express written consent of TypeFocus Internet Inc. You are entitled to use the information from the Service only for your personal use.
USE OF THE BLOG.
By posting a message, uploading a file, or engaging in any other form of communication via the blog or the Service, you are granting TypeFocus a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such plan, opportunity, messages, files or communications. You additionally agree to abide by the following rules in connection with your use of the blog area of the Site:

  • not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • not to impersonate any person or entity, including, for example, a Company employee or officer, a Site leader, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others.
  • not to upload files, or cause Subscribers to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer.
  • not to conduct contests, distribute chain letters, or conduct "pyramid schemes" or "multi-level marketing schemes."
  • not to violate any applicable local, state, national or international law in connection with your use of the blog area.


If you suspect that anyone is violating the above rules, you may report your concerns to TypeFocus.

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TypeFocus Certification Program
The TypeFocus Certification Program is an online program providing a cost-effective way to upgrade your credentials. TypeFocus Practitioners enjoy the benefits of advanced training and ongoing support in personality type applications. Members can access advanced TypeFocus program features designed to support counselors and coaches in private practice.

The TypeFocus Certification Program consists of several components:
  • Guidebook with assignments
  • MBTI® Manual
  • Live webinars
  • Your own TypeFocus mentor
  • Two client debriefing sessions
  • Final interview with a TypeFocus Master Facilitator
  • Access to a moderated certification forum
The Guidebook is free and available to anyone.

The MBTI® Manual has to be borrowed or purchased.

The webinars, mentor to monitor assignments, assistance with debriefing, access to forum and final interview are only available to those participants who want to be certified as a TypeFocus Type Practitioner.

When a person becomes a Certified TypeFocus Practitioner, their contact information will be listed on our website to authenticate their standing. They will also be able to purchase any of our programs at a discount and offer their clients services through a website branded to their name.

The certification process itself will have no set time frame. To achieve certification, a person must:
  • complete all assignments,
  • debrief two clients using the TypeFocus program and
  • demonstrate their mastery of the program content via the final interview.
Mentor assistance, professional forums and live webinars are available as supports but are not requirements.

The fee for certification is $350 and some eligibility requirements exist; you can register at www.typefocus.com/certification beginning in February, 2011.

MBTI is a registered trademark of Consulting Psychologists Press Inc.