ICQ Consulting – Terms & Conditions –

Terms of Service

Introduction

Site Terms of Service, an Enforceable Legal Agreement.

As of February 7, 2016

These Terms of Service and our privacy policy (together the “Terms”) govern all use of http://icqconsulting.com and that site’s services (together the “Site” or “Services”). The Site is owned by ICQ Consulting, a partner.

The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in these Terms. By using the Site or its Services, and/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

User Prohibited From Illegal Uses

User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

User represents and warrants that:

  • User will use the Services only as provided in these Terms;
  • User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
  • User will provide accurate, complete, and current information to the Site and its owner(s);
  • User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Third party products, links, and actions

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.

Changes to the Site and the Services

The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.

Intellectual Property

This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Site.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.

Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.

If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to info@icqconsulting.com. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.

Disputes

We are based in Miami, FL. USA. and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Miami, FL. USA., without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Miami, FL. USA. will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

ARBITRATION

Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near Miami, FL. USA., under the rules of the American Arbitration Association.

Advertising

The Site may include advertisements, which may be targeted for relevance to the Site, queries made, or other information to improve relevance to the Site’s users. The types and extent of advertising on the Site will change over time. In consideration for User access to and use of the Site, User agrees that the Site and third party providers and partners may place advertising anywhere on the Site. For the remaining terms that will apply to our advertising practices, including use of your information, see our Privacy Policy.

General

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site.

Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.

There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Terms Contact

If you have any questions about these Terms, please address them to info@icqconsulting.com.


Privacy Policy

Posted on February 7, 2016 by Roberto

Introduction

This privacy policy (“Policy”) and this site’s Terms of Service (together the “Terms”) govern all use of http://icqconsulting.com and that site’s services (together the “Site” or “Services”). The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in this Policy. By using the Site or its Services, and/or by clicking anywhere on this Site to agree to the Terms and this Policy, you are deemed to be a “user” for purposes of this Policy. You and every other user (“you” or “User” as applicable) are subject to this Policy. You and each user also agree to the Terms by using the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

We provide this privacy statement explaining our online information practices, so that you can decide whether and how to interact with the Site and the Services.

We may release your information when we deem it appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

This online privacy policy applies only to information collected through our website and not to information collected offline.

Please also review our Terms of Use section that governs the use and the users of the Site.

By using our site, you consent to our privacy policy.

If we decide to change our privacy policy, we will post those changes on this page. If we have your email address, we may also send an email notifying you of any changes.

Contact Data and Other Identifiable Information

This site collects certain user information, which may include a username and password, contact information, or any other data that you type in to the site. It may also identify your IP address to help identify you on future visits to the site. At our discretion, the Site may use this data to:

  • Personalize the user experience and/or customer service
  • Improve the site
  • To process transactions
  • Administer a contest, promotion, survey or other site feature or function
  • Send email to users help the site owner operate and manage the site,
    are the site owner’s advertisers and marketing partners,

The site will only share such user data with these third parties in the aggregate, using collected data reporting on user activity and data that the site collects, but not identifying individual users. Information limited to or identifying individual site users will not be shared.

California Privacy Rights

California Civil Code Section 1798.83 permits Site users who are residents of California to request and receive once a year a list of any third parties to whom we disclosed any of that user’s personal information for direct marketing purposes in the preceding calendar year, as well as the categories of personal information disclosed. If you are a California resident and you wish to make such a request or have any questions about the Site’s information sharing, you may send an email to info@icqconsulting.com, or write to .

Mobile Device Privacy

The following applies to our site, when viewed on a mobile device:

When accessed with a mobile deivce, our site may collect information automatically, such as the type of mobile device you have, device identifiers, and information about your use of the site. Regardless of the device you use to access the site, it will also collect information you provide, as well as information about your interaction with the site and its content.

If location services are activated on your mobile device, our site may collect information about the location of your device. Your mobile network service providers may collect device-specific information, such as a device identifier, when you use our website or one of our mobile applications. This information collected by your mobile network service will not be associated with your user account with us, or with your personally identifiable information.

Advertising Network

We use one or more third party vendors to serve ads on the Site. To serve ads and determine how our users use the Site, these services use cookies, or small pieces of code to serve ads to Site users based on users’ visits to the Site and others. Users may adjust their browser settings to disallow the use of cookies. With cookies turned off, certain features of the Site may work less efficiently or not at all.

We use Google as an advertising services provider for the Site. Users may opt out of Google’s use of the DART use-tracking cookie by visiting the Google advertising Policies & Principles page. If you opt out of ad tailoring, you will still see ads, but they will not be based on your browsing history, and they may appear in other languages.

Cookies

This site uses cookies. Cookies are small pieces of code that the Site or a service provider will put on your computer if your Web browser allows it. The Site uses cookies to recognize and keep certain information. On the Site, that information may be used to recognize your computer and browser from current or past visits to the Site or related sites. We may use this cookie-captured information to improve our service to you, to aggregate information about visitors to the Site and their behavior, to remember and process items in your shopping cart, to understand and save user preferences, or to keep track of advertising. We may contract with third-party service providers to assist us in better understanding our site visitors.

In most Internet browsers, you can change your settings so that you will be warned each time a cookie is being sent, or so that cookies will be turned off. With cookies blocked, some functions of the Site may not operate properly.

Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account if a valid email is requested but is not provided by the User.

If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or change a username or profile data at any time. Similarly, if the Site prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a passwork that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to info@icqconsulting.com. You acknowledge that if you wish to protect your interactions the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures.

Disputes

We are based in Miami, FL. USA. and you are contracting to use our Site. This Policy and all matters arising from your use of the Site are governed by and will be construed according to the laws of Miami, FL. USA., without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in Miami, FL. USA. will be the only permissible venues for any and all disputes arising out of or in connection with this Policy or the Site and Service.

ARBITRATION

Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all claims within a multi-claim matter, that are arbitrable, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, who shall hold hearings in or near Miami, FL. USA., under the rules of the American Arbitration Association.

No Users Under the Age of 13

The Site is not intended for children under the age of 13. Children under the age of 13 should not use the Site at any time. We do not knowingly collect personal information from children under the age of 13. If we obtain actual knowledge that we have collected information from anyone under the age of 13, we will erase that information from our servers. It is a violation of our Terms of Service for children under the age of 13 to use the Site.


Assessments and Training Warranty Policy

At our company, customer satisfaction is our primary objective, and the reason we’re on business. We will make every business reasonable efforts to meet or exceed your expectations with all of our products and services, but understand that at the same time, there are occasions in which customers may not be satisfied, even if it is simply because their priorities and/or conditions have changed. ICQ Consulting provides psychometric assessments, coaching, certification, training and development, and all other products (“Product(s)”) subject to these terms and conditions (“T&C”). Please review these terms and conditions prior to using any Product. Using any product signifies your agreement with these terms and conditions. If you do not agree with these terms and conditions, return the Product(s) for a refund.

Personal and Organizational Assessments

Purpose and Limitations of Assessments
The purpose of all assessments provided by ICQ Consulting is to help guide managers to make better hiring and employee development decisions. You should never base any hiring or other personnel decision solely on the outcome of any assessment. Rather, all decisions should be made based upon your professional judgment with the assessment results being one component of your decision.

Accuracy of Results
Even during multiple face to face interviews it is possible for candidates to answer questions deceptively or enhance their answers to be whey they think you want to hear. While many of our assessments include a ‘distortion score’ or other indicators which provide an indication of how candid and frank the respondent was while taking this assessment, ICQ Consulting cannot guarantee the accuracy of the results provided to you by any employee or candidate.

Benchmark Quality
The results obtained by using our assessments will be influenced by the accuracy of the ‘benchmarks’ or ‘job match patterns’ that are created by the user to define the requirements of a specific position, therefore it is critical that you follow the steps outlined beginning on page 1-14 or the PXT Technical manual to insure the integrity of the benchmarks. Failure to follow these steps can negatively impact the results obtained using the Profile
XT. Even if we assist you in the creation of benchmarks, the final acceptance and accuracy of the benchmarks is yours.

Required Training
While the reports provided by our assessment products are largely easy-to-use and self explanatory, they should never be used by anyone who has not been trained by an authorized ICQ Consulting trainer. In addition, all users should obtain, review, and understand the documentation and technical manuals provided with each product. You agree that ICQ Consulting has not made any representations either verbally or in writing about the capabilities or use of the products other than those found in documentation for the product.

Disparate Impact
Our assessment provider, Profiles International has created validated and reliable assessment tools to the extent documented in the technical manual for each assessment. The assessments have been developed by an experienced team with an excellent reputation and the assessments have been rigorously evaluated under both federal and conservative state standards. Nonetheless, an employer utilizing assessments is advised to measure the impact of the test on their specific hiring practices independently of the reliability and validation studies set forth in the assessments’ Technical Manual in order to insure that there is no disparate impact with regard their specific hiring practices.

Specific State Laws
It is the responsibility of the user to understand and comply with state specific laws relating to the use of assessments in their state.

Legal and Other Advice
You agree that ICQ Consulting is not engaged in rendering legal, or other professional service. If legal advice is required, the services of a competent professional person should be sought. Any assistance or advice regarding the creation of benchmarks, the selection of candidates, or other human resources topics are only opinions and are provided “as is”, with no warranties or representations. As with all other aspects of using assessments, all final decisions rest with the user.

Authorized Business Partner
You agree that ICQ Consulting is only a strategic business partner of Profiles International Inc., and therefore you release and waive all claims against ICQ Consulting, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of your use of the assessments.

Training and Development Courses Warranty

Refund Policy:
ICQ consulting offers a full refund no questions asked 60 days Limited Warranty from the day of purchase that applies to all customers that directly purchased our online training and development courses from our online store, excluding any online assessments, exams and/or other licensed services. Enrollments in our training and development courses are non-transferable or group based, and any customers that either transfer or provide access to any person other than the register student is in direct violation of our enrollment policy and will be immediately terminated without recourse. This warranty applies only to ICQ Consulting training and development products and/or services and does not apply to any licensed assessments, products, and or services that may be sold or delivered as a bonus to the customer. After the 60 days the company at its own discretion could offer customers a pro-rated refund subtracting the full list price of any and all delivered products and services (including assessments, exams, and other licensed products) from the purchase price paid by the customer.

Online Assessments, Exams, and Other Licensed Services:
Online assessments, exams, and other licensed services that have not been accessed are refundable also within the 60 days of the limited warranty. No refund will be issued on any exam, assessment, and other licensed services that has been accessed, viewed, or partially completed by the customers. As an example the ProfilesXT Select Executive Leadership Assessment has a list price of $295 and it will not be refunded if the customer has accessed, viewed, partially or fully completed the assessment in any way.

Processing of Refunds

All refunds will be processed within four to six weeks provided the following applicable requirements have been met. Requests for refunds can be made by contacting our Customer Service department at:  ICQ Consulting. 1825 Ponce de Leon Blvd. Suite 57. Coral Gables, FL. 33134. icqconsulting.com. sales@icqconsulting.com

Governing Law
These terms and conditions shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Broward County, Florida, United States in all disputes arising out of or related to the use of the products.

Subject to Change
The most current version of the T&C can be reviewed by clicking on the “Assessment Terms” hypertext link located or published at the bottom of our Web pages. ICQ Consulting shall have the right at any time to change or modify the terms and conditions applicable to your use of the Products. Each time you receive an invoice or purchase a product from ICQ Consulting, please check these terms and conditions to ensure that you are aware of the current terms and conditions.


Terms Contact

If you have any questions regarding these Terms and Conditions please contact us at:

ICQ Consulting
1825 Ponce de Leon Blvd. Suite 57
Coral Gables, FL. 33134
icqconsulting.com
sales@icqconsulting.com


Last Updated

These terms were last updated on June 30th, 2016

These terms can be modified at any time. For the latest version always check our Terms of Service, and Privacy Policy pages out of our home menu.

Copyright © 2016 ICQ Consulting. All Rights Reserved.