Terms of Service

LAST UPDATED: 7/2/2018

This website and any related websites (“the Website”) and the services available through the Website are operated by VIA Institute on Character (“VIA,” “Corporation,” Company,” “we,” “our,” and “us”).  These Terms of Service constitute a legal agreement between you (“you,” “your,” “the user,” and “the customer”) and VIA.  The Website allows you to participate in surveys and questionnaires designed to provide insight into your character strengths (the “Services”).

Please read the Terms of Service carefully before you start to use the Website.  By accessing and using the Website or any online account you create on our Website, you accept without modification all of the terms, conditions, and notices contained in these Terms of Service. If you do not agree to these Terms of Service or the VIA Privacy Policy you must not access or use the Website.  Accordingly, under the General Data Protection Regulation, or “GDPR,” users in the European Union (“EU”) acknowledge and consent to VIA’s processing of personal data by VIA as necessary for the legitimate interest of performing our services to you. 

Modification of these Terms of Service:  VIA may update or change the terms, conditions, and notices for the Website services from time to time in order to reflect changes in the services, changes in the law, or for other reasons as deemed necessary by VIA, in its sole discretion.  Your continued access to or use of the Website after any such change shall constitute your consent to such change.  Unless explicitly stated otherwise, any new features that change or improve the Website shall be subject to these Terms of Service, as modified from time to time. 

Reliance on Information Posted:  The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Privacy and Personal Information:  You may be required to register to use the Website.  To set up an account, you may be required to provide information about yourself.  Additionally, data pertaining to your online transactions and usage may be collected, analyzed, and stored by VIA.  VIA agrees that it will only use and/or disclose your personal information in accordance with the terms of the VIA Privacy Policy (“the Privacy Policy”).  The Privacy Policy is hereby incorporated by reference into these Terms of Service.  By agreeing to these Terms of Service, you are also agreeing to the Privacy Policy.  In accessing and using the Website, you accept without modification all of the terms, conditions, and notices contained in the Privacy Policy.

User Account Responsibility:  If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your new account and your password.  You are responsible for all activities that occur under your account and you agree to notify VIA immediately of any unauthorized use of your account.  VIA is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Third Party Sites:  The Website may contain links to websites controlled or operated by persons and companies other than VIA (“Linked Sites”). The Linked Sites are not under the control of VIA, and VIA is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. VIA is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  VIA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VIA of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and Terms of Service posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support VIA or are identified in the Website, including the delivery of and payment for goods and services.

Prohibited Uses:  You agree that you will not:

  • Use the Website for any purpose that is unlawful or contrary to these Terms of Service;

  • Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;

  • Attempt to gain unauthorized access to any Website account, computer systems or networks associated with VIA or the Website;

  • Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided for by VIA;

  • Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

  • Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

Content Available on the Website:  The Website and all content offered through it, including, but not limited to, text, third party applications, photos, graphics, the VIA Inventory of Strengths Survey, reports of character strength, and everything else you see, hear and use through the Website (the “Content”) are intended to provide information only and are solely for your personal and non-commercial use.  You may not sublicense, transfer, or otherwise make available any of the Content 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”). 

Intellectual Property Notices:  The Content and Website are protected by copyrights, or are subject to other proprietary rights.  This means that anyone using the Website is not permitted to use the Content in any manner, except as expressly permitted by VIA in this Terms of Service Agreement, or similar agreements of others who have licensed their content to VIA, as expressly permitted by those other parties’ respective Terms of Service or similar agreements.  Also, any of the names and logos (which are commonly referred to as “trademarks”) that appear on the Website are owned by VIA or others who have licensed their use to VIA.  The trademarks may not be used in any manner without the prior permission of the owners.  You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of any and all of the Content and trademarks that you see, hear, and use on the Website.  You understand that any unauthorized use of the trademarks or Content would result in irreparable injury to VIA for which money damages would be inadequate and in such event VIA will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.  You further agree to hold VIA harmless and to indemnify VIA for any and all direct or indirect damages that do arise as a result of you violation of any applicable policy. VIA may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Website, including pages that are part of the Website.  Except as expressly provided in these Terms of Service, the provision of VIA’s services and the furnishing of such pages to you do not give you any license to these patents, trademarks, copyrights, or other intellectual property.  Any rights not expressly granted herein are reserved.

Warranty Disclaimer:  VIA makes no representations or warranties about the suitability, reliability, availability, timeliness, and accuracy of the information, services, and related graphics contained on or obtained through the Website for any purpose.  All such information, services, and related graphics are provided “as is” without warranty of any kind.  VIA and/or its respective partners hereby disclaim all warranties and conditions with regard to this information, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability: In no event will VIA 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 Website, including, but not limited to, 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, VIA’s 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.

Third Party Applications Disclaimer:  You acknowledge that your access and use of any third party applications or software on the Website as part of VIA’s services and Content (the “Third Party Applications”) is at your discretion and risk, and VIA has no liability to you arising out of or in connection with your use of the Third Party Applications.  VIA hereby disclaims any representation, warranty, or guaranty regarding the Third Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold VIA harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.

Customer Support:  VIA may provide information about how to use the Website.  If you have any questions about the Website or any problems that you would like to report, please contact us at info@viacharacter.org.

Termination and Restriction of Access:  In its sole discretion, VIA may terminate or suspend your access to the Website for breach of these Terms of Service or inactivity, or for any reason it deems appropriate.  Any cancellation or termination by you or VIA shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination.  The Website may be discontinued at any time without notice or refund, except for services paid for and not yet rendered by VIA. VIA shall not be liable for any losses or damages arising from any such termination of service.

Governing Law & Jurisdiction:  These Terms of Service are governed by the laws of the State of Ohio, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Hamilton County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Website.

General:  You agree that no joint venture, partnership, employment, or agency relationship exists between you and VIA as a result of these Terms of Service or use of the Website.  You may not assign these Terms of Service without the prior written consent of VIA in all instances.  VIA may assign these Terms of Service, in whole or in part, at any time.  VIA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of VIA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to gathered by VIA with respect to such use.  You agree to indemnify and hold VIA, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct in connection with the Website.  If any part of these Terms of Service are 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 these Terms of Service shall continue in effect.  These Terms of Service, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and VIA with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and VIA. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained  in printed form. 

Arbitration:  At its sole discretion, VIA may require you to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.  By using the Website, you hereby consent to submission of any dispute to final and binding arbitration.

Limitation on Time to File Claims:  Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Refund Policy:  If you are not satisfied with your VIA Report, email us at kellya@viacharacter.org or call at (513)-621-7501 within sixty (60) days of purchase for a refund.