1. Access to and Use of the VIA Inventory of Strengths Survey. You acknowledge and agree that the VIA Inventory of Strengths Survey (VIA Survey, VIA Youth Survey), the immediate report of character strengths provided upon completion of the VIA Inventory of Strengths Survey, as well as the more extensive VIA Pro and any other reports (collectively, the “VIA Survey Materials”) are intended to provide information only and are solely for your personal, non-commercial use. You may not sublicense, transfer, or otherwise make available any of the VIA Survey Materials to any third party for commercial purposes. You may not modify the VIA Survey Materials without first obtaining written permission from the Values in Action Institute (“VIA”).
2. Intellectual Property. The VIA Survey Materials are proprietary to VIA and its third-party content providers are protected by intellectual property laws including, without limitation, copyright and trademark law. You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the VIA Survey Materials. Except for the limited use rights granted to you in these Terms and Conditions, you shall not acquire any right, title or interest in the VIA Survey Materials. Any rights not expressly granted in these Terms and Conditions are expressly reserved.
3. DISCLAIMER OF WARRANTIES. The VIA survey materials are provided on an "as-is" basis without warranty of any kind. Access to the VIA survey is provided on an “as available” basis. VIA, and its officers, directors, employees, parent company, partners, successors, agents, content providers, affiliates, subsidiaries, and their related companies (the “via entities”) disclaim any and all warranties relating to the VIA survey materials, whether express or implied including, without limitation, any (1) warranties of title, merchantability, fitness for a particular purpose, or non-infringement; and (2) warranties concerning the availability, accuracy, security, usefulness, or informational content in the VIA survey materials. VIA cannot guarantee and does not promise any specific results from use of the VIA survey materials.
4. Limitation or Liability. In no event will the VIA Entities be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from, relating to, or in any way connected the VIA Survey Materials, even if VIA is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the VIA Entities’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to VIA during the preceding twelve (12) month period preceding your claim; or (b) one hundred dollars ($100). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
5. Governing Law and Jurisdiction. You agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and VIA. Any legal proceedings that may arise out of, relate to, or be in any way connected with these Terms and Conditions or the VIA Survey Materials shall be brought in the state and federal courts located in Hamilton County, Ohio and the parties agree to submit to the exclusive jurisdiction and venue of the same.
7. Termination of Access. VIA reserves the right to suspend or terminate your access to the VIA Survey Materials without prior notice or liability, provided that VIA will refund any amounts paid by you for reports which you have not yet received.
8. Refund Policy. If you are not satisfied with your VIA Report, e-mail us at firstname.lastname@example.org or call at (513) 621-7501 within 60 days of purchase for a refund.
10. Questions. If you have any questions about these Terms and Conditions, have trouble accessing the VIA Survey Materials or receiving a report, or comments or questions regarding the VIA Survey Materials, please contact us at email@example.com