Terms of Use

Agreement between User and Pair Test

(“Terms of Use”)

Welcome to Pairtest.com. Your access to or use of our website and/or any sub-domains thereof, including the entire website (the “Website”), its Content and Services (as defined below), constitutes your acceptance and agreement to be bound by the following terms and conditions. Please read this document carefully. If you have any questions regarding the Terms of Use, please contact us.

The PAIR test and pairtest.com are for the purpose of life facilitating and consulting, and for general information. The test serves to provide educational insights into the user’s personal preferences for a range of topics including order and routine, political conservatism, outdoor interests, and others.

This test is not a medical tool, and the results, demographic information, and other data is not part of a medical record, and is not part of any medical or healthcare treatment. The PAIR, pairtest.com, are not covered entities under HIPAA and may not meet current HIPAA standards. Any use of the test is done so with this understanding.

Your use of our website, including any dispute concerning privacy, is subject to this privacy statement in Section 15. Your use of our website will indicate your acceptance of the practices set out in this Privacy Policy. We reserve the right to modify this privacy statement at any time by posting the changes on this page. Your continued use of any portion of our website following posting of the updated privacy statement will constitute your acceptance of the changes.

1. Definitions

“TWX Associates”, “PAIR test”, “Pairtest.com”,“we”, “us”, “our”: TWX Associates, LLC

User, “you”, “yours”: anyone who accesses the Website and/or uses the Content and/or Services (as defined below)

facilitator: a person who administers the online inventory

Products: all and any products provided by us on the Website, including, but not limited to, Pair Test™ (“Pair”).

Content: all and any content contained on or generated by the Website, including, without limitation, Products, questionnaires, reports, text, graphics, and software.

Services: all and any services provided by us from the Website, including, but not limited to, your access to the Content or portions thereof, your account and other features.

2. Prohibited Use

You may not use the Website, its Content and/or Services for any illegal purpose or in any way prohibited by with these Terms of Use. Your use of the Website, its Content and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations. You may not use the Website, its Content and/or Services in any manner which could damage, disable, overburden, or impair the Website, its Content and/or Services or interfere with any other party's use and enjoyment of Website, its Content and/or Services.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

3. Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Pair Test AND/OR ITS OWNERS, DIRECTORS, PARTNERS, ASSOCIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND AVAILABILITY.

THE CONTENT, PRODUCTS AND SERVICES, OR ANY INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES, ERRORS, OR BE INCOMPLETE. ADVICE RECEIVED VIA Pair Test WEBSITE, CONTENT AND/OR SERVICES MUST NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE FOR YOUR SITUATION. WEBSITE, CONTENT AND SERVICES ARE INTENDED TO BE USED FOR NON-HEALTH AND NON-LIFE THREATENING SITUATIONS ONLY.

Pair test MAKES NO WARRANTY THAT THE CONTENT AND/OR SERVICES ARE SUITABLE FOR ANY PARTICULAR PURPOSE INCLUDING PERSONALITY ASSESSMENT, MATCHING, COUNSELLING, PRE-EMPLOYMENT SCREENING, PREDICTING BEHAVIOURS, ABILITIES AND SKILLS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Pair Test AND/OR OWNERS, DIRECTORS, PARTNERS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, CONTENT AND/OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, CONTENT AND/OR SERVICES, WITH PROVISION OR FAILURE TO DELIVER THE WEBSITE, CONTENT AND/OR SERVICES, FOR BREACH OF INFORMATION, INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION YOU PROVIDED TO Pair Test, OR SUBMITTED VIA THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Pair Test HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, CONTENT AND SERVICES.

IN NO EVENT WILL TOTAL LIABILITY OF Pair Test UNDER OR RELATED TO THESE TERMS OF USE, THE TERMINATION THEREOF, AND/OR THE PROVISION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE FEES WE ACTUALLY RECEIVED FROM YOU DURING THE ONE (1) YEAR PERIOD PRECEEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.

4. Restrictions

The Pair Test™, including questionnaires and results, are provided only for coaching or educational purposes. Any other use of PAIR Test™, is strictly prohibited unless agreed to in writing by PAIR Test™. The PAIR Test™ is not a diagnostic tool not intended for health care use. It should not be used to diagnose, treat or in any way be relied upon as a health care test.

5. Termination

You may terminate the Terms of Use at any time and effective immediately by discontinuing all use of the Website, Content and Services and destroying all materials you obtained from or via the Website, and any copies thereof.

PAIR Test™ may terminate these Terms of Use with or without cause at any time and effective immediately. Upon receive a notice of termination from PAIR Test™, you must destroy all materials obtained from the Website and via the Services and any copies thereof.

Sections 1,2,3,6,8,9,10,11,12,13,14,15,16 and all other provisions of these Terms of Use which may reasonably be construed as surviving termination hereof, shall survive termination of these Terms of Use for any reason.

6. Access Restriction

PAIR Test™ may terminate or restrict your access to all and any part of the Website, Products and/or Services at any time, in its sole and absolute discretion, and effective immediately.

7. Third Party Services

PAIR Test™ may refer, advertise, and/or offer for sale, via its Website, Content or Services, certain third party services and/or products ("Third Party Services"), including, without limitation, links to other websites ("Linked Sites"), or advertisement banners presented by third parties (“Ads”) that help us keep providing certain content and services free of charge. PAIR Test™ has no control over the Third Party Services and over visitor’s interaction with them. Terms of use and information practices of these third parties are not covered by our policies. PAIR Test™ is not responsible for the content of any Linked Site or information presented on any third party Ad included on our Website. The inclusion of any link or Ad does not imply endorsement by PAIR Test™ of any the Linked Sites or Ads, or any association with the operators of any of the Linked Sites.

PAIR Test™ makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services, Linked Sites, and/or Ads. You will not consider PAIR Test™, nor will PAIR Test™ be construed, as a party to any transactions relating to Third Party Services, Linked Sites, and/or Ads, whether or not PAIR Test™ may have received some form of revenue or other remuneration in connection with the transaction, nor shall PAIR Test™ be liable for any costs or damages arising out of or relating to, either directly or indirectly, the Third Party Services, Linked Sites, and/or Ads.

8. Modifications of These Terms of Use

PAIR Test™ reserves the right, to make changes to these Terms of Use from time to time, in its sole discretion. The updated Terms of Use are available to the User via the Website. You are advised to check the Terms of Use before using Content and/or Services to determine whether any changes have been made thereto. If you do not agree to any changes in the Terms of Use, please terminate these Terms of Use by immediately by (a) notifying PAIR Test™ that you are unwilling to accept the changes to the Terms of Use, and (b) by discontinuing your access to and use of Website, its Content and Services. Your continued access to and/or use of the Website, Content and/or Services constitutes your acceptance of these Terms of Use and any changes thereto.

9. Modifications of Content and Services

PAIR Test™ reserves the right, in its sole discretion, to make changes to or discontinue Content and/or Services, or portions thereof, including, without limitation, changing pricing of Products and Services, with or without notice to you, and without liability to you or any third party.

10. Applicable Law

To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Lynchburg, Virginia, in all disputes arising out of or relating to the use of the Web Site, Content and/or Services. Use of the Website, Content and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PAIR Test™ as a result of this agreement or use of the Website, Content and/or Services. PAIR Test™’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PAIR Test™'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, Content and/or Services or information provided to or gathered by TWX Associates with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PAIR Test™ with respect to the Website, Content and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PAIR Test™ with respect to the Website, Content and/or Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish that this agreement and all related documents be drawn up in English.

11. Intellectual Property Ownership, Copyright, Reservation of Rights

b) All of the intellectual property rights in the Website and Content belong to PAIR Test™ or its licensors. All Contents of PAIR Test™ are the intellectual property of PAIR Test™. The Products, their scoring algorithms, their report generation algorithms, and their software code are valuable intellectual property (trade secrets and confidential information) of PAIR Test™. You have no intellectual property rights in the Content, the Products, the Website and any materials thereon.

c) All Content is protected by law, including without limitation the copyright laws of the United States, Canada, and other countries, and by international treaty provisions. All rights not expressly granted are reserved by PAIR Test™ and its licensors.

d) The unauthorized use of the Content will result in civil and criminal sanctions, including intellectual property proceedings, the pursuit of statutory damages, and all other recourse available to PAIR Test™.

12. No reverse engineering, modification, website automation or integration

a) You shall not reverse engineer, decompile, disassemble, approximate, or otherwise attempt to discover the source code, the scoring algorithms, or the reports generation algorithm of PAIR Test™ Products, or any of the Content.

b) You shall not modify, adapt, translate, or create derivative works based upon the Website, Content, and any materials provided on or as a part of Website or Content. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of Website, Content and/or Services.

c) You shall not embed, integrate, automate usage of, Products offered on PAIR Test™ website, fully or partially, unless expressly permitted by PAIR Test™ in writing.

13. Trademarks

All brand names, product names and titles used on this site are trademarks or trade names of their respective holders.

PAIR Test™ are trademarks or registered trademarks of PAIR Test™ or its licensors, in the United States, Canada and other countries.

PAIR Test™ use methodology, questionnaire, scoring and software that are proprietary to PAIR Test™.

No permission is given in respect of the use of any of the above and any brand names, product names and titles used on this site. Any such use may constitute an infringement of the holders' rights by you.

14. Indemnification

You agree to defend, indemnify and hold each of TWX Associates, its subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any and all claims, demands, liabilities, losses, damages and/or expenses, including reasonable attorneys' and expert witness fees, arising out of or relating to the use of the Website, Content and/or Services, and/or violation of these Terms of Use by you and/or any users of your account on the Website, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from the infringement by you, or any other user of your account, of any Proprietary Rights or other rights of any person or entity.

15. Privacy Policy

This Privacy Policy applies to the pairtest.com, Content, Products, and Services and governs data collection and usage. By using pairtest.com, Content, Products, and/or Services, you consent to the data practices described in this Privacy Statement.

WE MAY USE ANONYMOUS DATA (I.E., DATA WITHOUT ANY PERSONALLY IDENTIFYING INFORMATION) ENTERED TO OUR WEB SITE FOR, WITHOUT LIMITATION, QUALITY ASSURANCE, PERSONALIZING CONTENT, RESEARCH, MARKETING, NEW CONTENT, PRODUCTS AND SERVICES.

WE DO NOT SEND SPAM OR UNSOLICITED EMAILS. WE CONTACT OUR CUSTOMERS ONLY IN RELATION TO THE SERVICES THEY HAVE REQUESTED. WE DO NOT SELL CONTACT INFORMATION OF OUR USERS.

15.1 Information Automatically Gathered from Site Visits

When you visit pairtest.com, certain types of information about your visit are automatically captured. This information includes the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked. This gives us information concerning the frequency with which users visit different parts of our site. We do not link IP addresses to anything personally identifiable. This means that a user’s session will be tracked, but the user will remain anonymous.

Anonymous information about your network, hardware, software and Web Site usage activity that may be automatically collected by TWX Associates can include, without limitation, your IP address, your device type, your browser information, domain names, access times, referring web sites addresses, Web Site pages you visit. Your responses to TWX Associates questionnaires, surveys, and your personality assessment scores may be anonymously (i.e. without any personally identifying information attached to questionnaires and scores) collected by TWX Associates. TWX Associates may also collect anonymous demographic information, which is not unique to you, such as your country, city, zip code, age, gender, occupation, and preferences. (collectively the “Anonymous Information”)

Your name, email address, responses to TWX Associates questionnaires, surveys and resulting scores may be saved in the TWX Associates’ back end system, in order to generate result reports that you purchase or obtain from TWX Associates.

TWX Associates may refer, advertise, and/or offer for sale, via its Web Site, Content or Services, certain Third Party Services, including, without limitation, Linked Sites, and Ads presented by third parties. An example of Ads, without limitation, is an advertisement banner of an educational institution, or Ads served by Google AdSense. If you click Ads, you may be directed to a Third Party web site, and prompted by a Third Party to enter personal and other information. TWX Associates has no control over the Third Party Services and over visitor’s interaction with them. Terms of use, privacy and information policies of the Third Party Services are not covered by our policies.

More information about our Privacy Policy is in the following sections.

15.2 Information Gathered about Those Registered for an Online Inventory:

When you purchase services from us, or contact us, we obtain personally identifiable information such as your e-mail address, name, contact address and/or telephone number. Your name and email address may also have to be obtained in order to email your test or assessment results to you. (collectively the “Personal Information”)

Users completing an online inventory may be asked to provide their names or email addresses on our secure website. In some cases, they are asked to provide this information as they create their own account. In other cases, a facilitator enters the following information when registering individuals or couples:

Assessment ID: Users are given an ID by the facilitator to complete the online assessment. This becomes the mechanism with which each individual is identified during the administration process and on the reports displaying their results.

Email: If the user and facilitator have so agreed, a facilitator can enter an email address for each partner so the account information can be emailed directly to the couple for login purposes. Facilitators also have the option of entering their own email addresses and forwarding information by other means. Names and email addresses of users are encrypted and stored securely by PAIR test.

15.3 Information Gathered from Users Completing an Online Inventory

Once a user is registered to take an inventory online, they login to a secure website and respond to Background items and Topical Inventory items.

Background Items: Many of the responses to background items are asked in ranges (i.e. Age: 20-25, 26-30 ...) which further protects individuals from providing identifiable information. Other than gender, the background and demographic items are not required for the scoring of the inventories, and are not printed in the results if unanswered.

Inventory Items: User responses are stored in a secure password protected database and used to calculate inventory results.

Facilitators are notified when a registered user has completed an inventory. The facilitator can then access his or her password-protected secure account to download a PDF report.

In sum, information gathered from users taking an inventory online includes their Username, their survey responses, possibly their email address, and anonymous site traffic data. Given the limited nature of the information we collect from users completing an inventory online, users may contact customer service at PAIR test directly via email or phone to correct, amend or delete their personal information.

15.4 Information Gathered from facilitators

When using our web-based assessment programs, facilitators are asked to login using their pre-assigned ID and password in order to gain increased access to the secure website, facilitator functions and the user management process for adding and scoring online inventories.

PAIR test maintains contact information for facilitators and users. This information is stored in a password-protected secure system and used for various purposes, including for the purpose of authenticating certification status, organizational communications, email correspondence, and the shipping of printed materials. facilitators and users can call customer service or login online to verify and update their personal information.

15.5 Use of Anonymous Information

The Anonymous Information is used for the operation, maintaining the quality, enhancements and analysis regarding use, of the pairtest.com Web Site, Content, Products, and Services, and for research. The Anonymous Information may be collected by TWX Associates or its service providers (e.g., Google Analytics or Google AdSense). The content that appears on the Web Site’s pages may be customized based on the information about the pages you visit, your geographic location based on your IP address, and/or results of your personality assessment. You grant TWX Associates an irrevocable, perpetual, royalty-free right and license to use the Anonymous Information for, without limitation, quality assurance, personalizing content, research, marketing, new content, products and services.

15.6 Use of Personal Information

We do not sell, rent or lease customers’ Personal Information. The Personal Information is collected by TWX Associates to deliver services that you have purchased and/or requested from TWX Associates, provide test results to you, and provide customer support to you.

We may use your contact information to inform you of other products or services available from TWX Associates and its affiliates. We may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Research. We store archival research data on users who have completed an inventory. This data is stored on a secure password protected database. We may use these records for anonymous research purposes and are trained in protecting confidential information as well as handling secure data.

We may share your contact information with trusted partners to send you email regarding the service you have requested, or provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us and our clients.

We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us or the Web Site; (b) protect and defend the rights or property of PAIR test or TWX Associates; and, (c) act under exigent circumstances to protect the personal safety of our users.

15.7 Payment information

Payment is collected from via paypal. We do not collect or store payment information on our site.

15.8 Use of Cookies

When you visit the Web Site, we or one of our third party service providers (e.g., Google Analytics) place a text file called a “cookie” in the browser directory of your computer’s hard drive. The Web Site uses cookies to help you personalize your online experience and provide certain features. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your browser, and can only be read by a web server in the domain that issued the cookie. One of the primary purposes of cookies is to provide a convenience feature. The purpose of a cookie is to tell the web server that you have returned to a specific page, or have been authenticated, or to personalize content based on result of a personality test you take on the Web Site, or recall your specific information on subsequent visits. You have the ability to accept or decline cookies via your browser. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer, or delete cookies after using the Web Site. Some browsers may provide “privacy” or “incognito” mode in which cookies are automatically deleted after closing the browser. If you choose to decline cookies, you will not be able to use certain features and fully experience the interactive features of the Web Site.

15.9 Security of Personal Information

We take steps to secure personal information from unauthorized access, use or disclosure. We keep the personally identifiable information you provide on computers in a controlled environment, protected from unauthorized access, use or disclosure. Online payments are accepted via PayPal and protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

15.10 Changes to this Privacy Statement and Terms

We will occasionally update this Privacy Statement and Agreement. We encourage you to periodically review them.