The following terms and conditions constitute an agreement between you (“you” or “your”) and Concord Consulting Corporation, operating as TRAITS (“TRAITS”, “we”, “us”, “our”). The following terms and conditions, together with any other terms that are expressly incorporated by reference herein, (collectively, the “Terms and Conditions”) govern your access to and use of TRAIT’s platform, our website www.traits.com (collectively, the “Platform”), TRAITS Services (defined below), and other products and services we may offer.

We reserve the right to update these Terms and Conditions from time to time, so please check this page frequently for changes. Your continued use of TRAITS Services after a change to these Terms and Conditions will be deemed as your acceptance of the revised terms.

BY YOUR CONTINUED USE OF THE PLATFORM AND TRAITS SERVICES, YOU ACKNOWLEDE THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDER CONTRACT, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS AND CONDITIONS, AND UNDERSTAND AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS.

IF YOU ARE AGREEING TO THESE TERMS AND CONITIONS ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO TRAITS THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TERMS AND CODITIONS, YOU MUST NOT ACCESS OR USE THE PLATFORM OR SERVICES PROVIDED BY TRAITS.

1. TRAITS Services

TRAITS provides psychometric assessment services designed to support organizations in hiring, managing, and aligning teams effectively (“TRAITS Services”). Our services encompass job modeling, psychometric assessments, candidate screening, platform licensing, and training programs. TRAITS services are designed to provide insights to help organizations evaluate, manage, and develop their teams with greater precision and impact.

2. Term

These Terms and Conditions take effect from the date you first use, or otherwise register for, TRAITS Services (which includes the first time you visit this website) and will remain in force until your Account (defined below) is terminated and/ or you cease using TRAITS Services (the “Term”).

3. Modification and Termination

We may modify or terminate these Terms and Conditions and your access to TRAITS Services at any time, without notice or explanation. At our sole discretion, we may suspend your access to or use of TRAITS Services for various reasons, including but not limited to: (i) scheduled maintenance; (ii) violation of any provision in these Terms and Conditions; (iii) addressing an emergency security concern; (iv) making changes to our Platform; or (v) compliance with regulatory requirements, changes in professional standards, or applicable law.

4. Account

To register or create a TRAITS account (an “Account”), you may be required to provide some identifying information, including your company’s legal name, payment method information, and user details, including but not limited to, their full name and a valid email address. You will be responsible for the activity of the individual users. The users may receive occasional marketing or product update emails from TRAITS on the registered email address. It is essential that you maintain the confidentiality and security of your log in as you will be held responsible for all use of your Account in the event of a breach of these terms.

5. Client Responsibilities

Unauthorized Access or Use

You agree to use reasonable efforts to prevent unauthorized access to or use of your Account or TRAITS Services.

Notify

You must promptly notify us if you become aware of or reasonably suspect any unauthorized or illegal activity, or any security breach involving your Account, including any loss, theft, or unauthorized use or disclosure of your login credentials or account information. TRAITS cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

Prohibited Use and Restrictions

You agree not to use TRAITS Services or cause or permit our website to be used:

1. for any illegal or unauthorized purpose;
2. to sub-license, sell, rent, lease, distribute, or otherwise make TRAITS Services or any associated intellectual property rights available to others;
3. to post content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, abusive or otherwise objectionable or violates any party’s intellectual property or privacy rights or these Terms and Conditions;
4. to circumvent, disable or otherwise interfere with any security-related features of our website or to jeopardize or prejudice the operation, quality or integrity of our website or TRAIT Services, or the operation, quality or integrity of any telecommunications network;
5. access or use TRAITS Services for the purpose of developing a competing product or service;
6. using this website or Platform in any way that is or may be damaging or harmful to this website, Platform or TRAITS;
7. to harvest, extract or otherwise collect information about others, including email addresses, without their consent;
8. using this website in any way that impacts user access to this website or Platform;
9. to modify, reverse engineer, decompile, or disassemble any part of this website or TRAITS Services, or attempt to discover the source code, algorithms, or underlying structure of this website or TRAITS Services;
10. to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
11. contrary to the terms and conditions of any Internet Service Provider whose services you may use; or
12. to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.

6. Content

You are responsible for all information, resources, audio, video, text, pictures, data, and any other materials or content you chose to include when using TRAITS Services or on your Account (the “Content”). While TRAITS does not claim any rights in respect of the Content, you agree to provide TRAITS with a limited, royalty-free, non-exclusive, transferable, worldwide, perpetual license to use, distribute and display all Content posted by you while using TRAITS Services, provided such license is restricted to the sole purpose of enabling TRAITS and its contractors to perform TRAITS Services.

You must ensure anything contained in the Content is not unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, and does not impersonate another person. You must also ensure that you have all rights necessary to use anything contained in the Content. Without limitation, there may be copyright owned by third parties in music, photographs, or other content that you choose to use in the Content. You must ensure that you have the necessary rights to use such content before including it in the Content.

We do not take responsibility for any content posted by third parties while using TRAITS Services. We expressly disclaim any and all liability in connection with the Content. We are not responsible for any loss, injury, or damage to any individual as a result either directly or indirectly of any information published on this website or made available through TRAITS  Services.

Accordingly, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TRAITS with respect to any such content. You acknowledge that while you may be exposed to such materials, you will hold TRAITS harmless in relation thereto.

We reserve the right, in our sole discretion, to refuse or remove any content that is available via TRAITS Services where it has any grounds to suspect non-compliance with these Terms and Conditions.

7. Security

Viewing or using the Platform or TRAIT Services is at your own risk. You are responsible for taking measures to protect the security and integrity of your computer or mobile device, as well as covering any costs for services, repairs, or connections required due to your use of the Platform or TRAITS Services. We are not responsible for any unauthorized or third-party hacking, access, use, alteration or disclosure of your data or personal information, as permitted by applicable law.

8. Ownership and Intellectual Property

All rights, title, and interest in and to the Platform and TRAITS Services, including any and all modifications and additions, shall at all times remain with us.

Other than the Content, TRAITS owns the intellectual property rights in and to this website, TRAITS Services and any material on this website or TRAITS Services.  All such intellectual property rights remain the sole property of TRAITS.

Subject to these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to access and use this website and TRAITS Services for which payment has been received. You shall not reproduce, duplicate, make/issue copies, give for hire, republish, sell, lease or sub-license material from this website or obtained by access to or use of TRAITS Services or otherwise edit or modify any material on this website or obtained by access or use of TRAITS Services. You shall not sub-license, assign or otherwise transfer the rights granted to you in this clause.  All rights not expressly granted to you in these Terms and Conditions are reserved by us.

You acknowledge that any suggestions or ideas you provide will not be considered confidential, and these Terms and Conditions place no restrictions on our ability to use, profit from, disclose, publish, or otherwise exploit such suggestions or ideas without any compensation or obligation to you. You grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the suggestions or ideas, whether now known or later developed, and to authorize others to do the same.

9. Privacy and Electronic Communication

By agreeing to these Terms and Conditions, you acknowledge and agree that TRAITS will collect, use, manage, and disclose your personal information, as outlined in our Privacy Policy, available at https://traits.com/privacy-policy/. By creating using TRAITS Services or communicating with us by email or other electronic messages, you consent to receive communications from us electronically. We will communicate with you via email or phone call. You agree that all electronic communications from us, including agreements, notices, and disclosures, meet any legal requirement for written communication.

10. Third Party Resources

The Platform or TRAITS Services may include links to third-party websites, content, or services, or allow you to access TRAITS Services from third-party systems (collectively, “Third-Party Resources”). TRAITS does not investigate, monitor, or guarantee the accuracy, reliability, or completeness of such Third-Party Resources, and we are not responsible for any content, accuracy, reliability, privacy practices, or other policies of the Third-Party Resources accessed through our Offerings. If you choose to access any Third-Party Resources, you do so at your own risk.

TRAITS is not responsible for any transactions or interactions with third parties found on or through our Platform, including the payment and delivery of goods or services, which are solely between you and the third-party. By using the Third-Party Resources, you acknowledge and agree that TRAITS does not endorse or warrant the content, products, or services offered and are not liable for any loss or damage arising from your interactions with the third-party.

11. Availability

We will not be liable if, for any reason, this website and/or TRAITS Services are unavailable at any time or for any period. Access to this website and/or TRAITS Services may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond our control.

12. Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRAITS SERVICES AND ANY SERVICES FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. TRAITS SERVICES AND ANY SERVICES FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ARE MAKING NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO TRAITS SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. Limitation of Liability

To the extent permitted by applicable law, under no circumstances will we or our affiliates or their respective officers, directors, shareholders, employees, contractors, agents, or licensors, or any successors or assigns be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business, use, goodwill, data, anticipated savings, personal injury, or property damage, regardless of whether we have been advised of the possibility of such damages.

Notwithstanding anything contained herein, our liability for any reason and upon any claim shall be limited to an amount equal to the total monies paid by you to us for the specific use of the Platform or use of TRAITS Services that relate to the claims or losses.

14. Indemnification

You agree to indemnify, defend, and hold harmless each member of TRAITS and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees, and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable solicitor client fees), and other expenses that arise out of or relate to your breach of these Terms and Conditions or your use of TRAITS Services. The indemnification provided for herein shall survive the expiration, termination or completion of transactions to which these Terms and Conditions apply.

15. No Reliance

You acknowledge and agree that we provide a suite of tools to assist organizations with consulting activities, hiring, managing, and aligning teams effectively. The content, including any tools, resources, text, pictures, media, data, information and other materials, on our Platform is for general information purposes only. We are not responsible for the accuracy, completeness, appropriateness, legality or applicability of any content or anything said, depicted, written or done by other users of TRAITS Services, including without limitation, any information that you may obtain by using TRAITS Services. We do not endorse anything contained in any content created by users of TRAITS Services, or any information, opinion, recommendation or advice and you understand that you must evaluate and bear all risks associated with the use of the Platform or TRAITS Services.

16. Exclusion of Warranties

Except as expressly stated in these Terms and Conditions, we make no representations or warranties regarding the Platform or TRAITS Services (including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement), and both the Platform and TRAITS Services are provided as is. We do not represent that our Platform or TRAITS Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Platform is free of viruses, bugs, or other harmful components. TRAITS does not warrant or make any representations regarding the use or the results of the use of TRAITS Services. You assume all responsibility and risk for the use of the Platform and TRAITS Services and your reliance thereon.

17. Fees and Payment

In consideration for TRAITS Services, you agree to pay the fees and, if applicable, additional charges set out in https://traits.com/pricing/, according to the payment terms set out therein (the “Fees”). All Fees charged to you are payable directly to TRAITS and can be paid through our website or by credit card, cheque, electronic funds transfer, or e-transfer. Fees do not include applicable taxes such as sales, use, gross receipts, value-added, GST, HST, personal property, or other taxes. All payments of Fees are final and non-refundable.

You will provide TRAITS, or a third-party payment processor, with the necessary information to process payments, including billing information requested through the Platform or the third-party’s platform. Payment processing is subject to the terms, conditions, and privacy policies of the third-party, if applicable, in addition to these Terms and Conditions. TRAITS is not responsible for any errors or actions by the third-party payment processor. You may pay Fees by any method available through the Platform or third-party payment processor’s platform. By submitting your payment information, you authorize TRAITS or the third-party to charge the provided payment method at their discretion (but within 30 days of authorization). You represent and warrant that you will not use any payment method unless you have the necessary authorization. TRAITS reserves the right to correct any errors or mistakes made by a third-party payment processor, even if payment has already been requested or received.

Unless otherwise specified, all dollar amounts related to these Terms and Conditions will be based on your location. TRAITS reserves the right to modify the Fees, taxes, and payment terms at its sole discretion, without prior notice. Additionally, TRAITS may refuse or cancel any service request if it detects issues with payment, availability, or fraud concerns, and will notify you through the contact information provided at the time of order.

18. Miscellaneous

Governing Law

These Terms and Conditions are governed and construed in accordance with the laws of the province of Alberta and the federal laws of Canada applicable therein, without regard to the conflict of law principles. Any action or legal proceeding arising from or related to TRAITS Services or these Terms and Conditions shall be brought in the courts of Edmonton, Alberta, and each party irrevocably submits to the exclusive jurisdiction of these courts. You waive any objections to the jurisdiction or venue of these courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions. This choice of jurisdiction does not prevent TRAITS from seeking injunctive relief for violations of intellectual property or confidentiality obligations in any other relevant jurisdiction.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and TRAITS and supersedes all prior or contemporaneous communications and proposals, whether written, oral, or electronic, with respect to the subject matter thereof.

Waiver

The failure of TRAITS to insist upon the strict performance of any of these Terms and Conditions will not be deemed to be a waiver of any of the right or remedies of TRAITS, nor of its right to insist upon strict performance of such term or of any other term in the future.

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable under applicable law, such invalidity, illegality, or unenforceability shall not affect the enforceability or validity of the remaining provisions in that or any other jurisdiction. The invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue to govern your use and access of the Platform and TRAITS Services.

Assignment

These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Survival

The provisions that expressly, or by their nature are intended to, survive termination, shall survive any termination or expiration of these Terms and Conditions.

19. Contact Information

If you have questions or concerns regarding these Terms and Conditions, please contact:

Brenda Seymour
TRAITS

Phone: 780-464-6688 | 1-855-464-6688
Email: brendas@traits.com

Last updated: November 20, 2024