1. ACCESS TO THIS SITE
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If NCTI believes the information you provide is not correct, current, or complete, NCTI has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
2. RESTRICTIONS ON USE
NCTI agrees to sell to Buyer and Buyer agrees to purchase from NCTI the selected curricula, posters, and materials for the purchase price set forth together with all shipping charges. The curricula, posters, material, and the Real Colors® Personality Instruments shall collectively be referred to as the “Content.”
4. SALES TAX
Sales tax will be billed according to IRS and State Nexus sales & use tax guidelines. Organizations who believe they are exempt must provide documentation to NCTI to receive the exemption status. NCTI uses a third party to validate and compute tax calculations.
All orders must be paid by (1) governmental purchase order, (2) cashier’s check with order, or (3) credit card.
6. LATE PAYMENT
A late payment charge of 1 ½ percent per month, which is equivalent to an annual percentage rate of 18 percent, will be added to any balance remaining due on all accounts over 30 days old (a minimum charge of $2.50 per month). To avoid this late payment charge, please pay invoice within the payment terms listed above. The late payment charges will be sent on a Semi Monthly Basis.
Any breach by NCTI as to any particular item of Content shall be a breach as to that item only.
8. NONDISCLOSURE, CONFIDENTIALITY, PROPRIETARY INFORMATION, AND OWNERSHIP
NCTI has licensed the rights to use, market, produce and sell the Real Colors® Personality Instruments from Real Colors Holdings, Inc. (“Real Colors”). Real Colors is an affiliated entity of NCTI.
Buyer shall refrain from disclosing to any third parties, or using for any purpose other than as allowed in this Agreement, any of the Content. Buyer shall cause its employees and agents to refrain from disclosing the Content to any third parties or using the Content for any purpose other than as allowed in this Agreement. Buyer shall take all necessary precautions to prevent the unauthorized use or disclosure of Content and shall indemnify and hold NCTI and Real Colors harmless from any and damages incurred by any of NCTI or Real Colors as a result of a breach of this provision. The obligations of this Section will survive the termination of this Agreement.
9. DERIVATIVE WORKS
If Buyer creates or develops any variation of or improvement to any of the Content (a “Derivative Work”), Buyer shall promptly disclose the Derivative Work to NCTI, provide a copy to NCTI, and assign each Derivative Work to NCTI, and each Derivative Work shall thereafter be included as Content under this Agreement. In such regard, Buyer hereby grants and assigns, and agrees to grant and assign, to NCTI all right, title and interest in, to and under any and all Derivative Works. At the request of NCTI, Buyer shall promptly do all acts and sign and deliver all documents and instruments as may be necessary or desirable, in the sole discretion of NCTI to obtain, maintain, perfect, protect, and/or vest in NCTI the entire right, title, and interest in and to any and all Derivative Works.
You hereby grant to NCTI the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to NCTI through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. NCTI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NCTI operations.
This site may be hyper-linked to other sites which are not maintained by, or related to, NCTI. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or NCTI. NCTI has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and NCTI makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyperlinked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by NCTI of that site.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. NCTI does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NCTI. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NCTI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NCTI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NCTI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NCTI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NCTI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR CONTENT. NCTI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and NCTI does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
13. LIMITATION ON LIABILITY
NCTI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NCTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NCTI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NCTI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Replacement of materials, or refund of all or a portion of payments received NCTI from Buyer hereunder (based upon the usability of the materials), at NCTI’s sole option, constitutes the sole and exclusive remedy of Buyer. Under no circumstances shall NCTI be responsible for any actual, consequential, special, indirect, incidental, or other losses or damages in connection with the curricula and the Real Colors® Personality Instruments, or any use or misuse thereof. Buyer accepts responsibility for selecting tests to achieve Buyer’s intended results and responsibility for the tests administration, use, validation, and results obtained therefrom.
16. RETURN & EXCHANGE POLICY
NCTI accepts the return or exchange of a purchased material if it is returned to NCTI within 30 days of our original shipment date. The returned or exchanged material must remain unused, undamaged and in perfect (new) condition. If the returned or exchanged material has been used or damaged, and/or it is past 30 days of purchase, we will not accept the material for any refund or exchange. If there is a refund, a restocking fee of 25% will be charged to cover our handling, merchant account fees, restocking and labor. Buyer is responsible for all shipping charges associated with the return of the purchased material.
Please contact a customer service representative for a Return Goods Authorization Number at 800-622-1644 x 5502 or email us at firstname.lastname@example.org.
Purchased material shall be delivered, as Buyer designates in this order, to Buyer at the shipping address set forth in this order, or to NCTI at 319 E. McDowell Road, Suite 200, Phoenix, Arizona 85004-1539 for pickup by Buyer. Buyer agrees to pay all freight charges incurred from shipping point. Material shall generally be shipped via UPS Ground; provided, however, that NCTI may deliver by any mode of shipping, mailing, or delivery that it deems appropriate in its sole discretion.
18. RISK OF LOSS OR DAMAGE
Responsibility for purchased material shall pass to Buyer upon payment of the purchase price in full. Risk of loss to the material shall pass to Buyer upon delivery to the shipping or mailing company if the purchased material is shipped, mailed, or delivered to Buyer by a company other than NCTI. Shipments are automatically protected against loss or damage up to $100. Additional coverage per package is available upon request. The charge for each additional $100 insured value or fraction thereof is $.35.
Certification. Participants are certified by an instructor at the conclusion of a workshop. Instructors retain the right to withhold certification if they feel that a participant has not met the requirements necessary for certification.
Cancellation Policy. If you are unable to attend a workshop after registering, you may send a substitute with no penalty. Cancellations received less than 21 days before the scheduled workshop are subject to a fee equal to 25% of the total amount paid. NCTI reserves the right to cancel a workshop training for any reason up to 21 days prior to the scheduled date. Please keep this in mind when making travel arrangements.
NCTI reserves the right to cancel a workshop at any time due to weather, acts of God, or acts of terrorism. NCTI will not be responsible for any costs associated with prearranged travel. Multiple registrations by same organization, agency, or individual will be held to the same policy as single registrations by individuals.
Workshop Fee and Payment. The participant fee includes workshop and training materials. Payment can be made by either credit card or governmental purchase order. If payment is made by purchase order, a copy of the purchase order must be provided to NCTI prior to attending the workshop.
Volume Discounts. Volume discounts are available based upon multiple registrations from the same organization, and are determined by a volume discount tier. The amount due to NCTI is based on the number of participants from the same organization who actually attend the workshop, and not based on the original amount of participants committed to attend prior to the workshop. Please note that this means additional funds may be due to NCTI if fewer participants attend a workshop than those originally committed to attend, and that reduction of participants results in a change in discount tier.
20. INTELLECTUAL PROPERTY
All intellectual property appearing on this site and in the Content is the property of NCTI, or the party that provided intellectual property to NCTI (such as Real Colors), including, but not limited to, trademarks, service marks, logos, copyrights, patents, and trade secrets. NCTI, and any party that provided intellectual property to NCTI, retains all rights in and to its respective intellectual property appearing in this site.
Additionally, Buyer shall not contest, oppose, or challenge NCTI’s or Real Colors’ ownership of their respective Content. Buyer shall not do or suffer to be done any act or thing that would in any way impair NCTI’s or Real Colors’ ownership of or rights in and to their respective Content, including any registrations thereof. Without limiting the generality of the foregoing, Buyer shall not register or attempt to register any of the Content or any Derivative Works, with the United States Copyright Office, United States Patent and Trademark Office, or any other governmental authority. Buyer shall not oppose NCTI’s or Real Colors’ registration of any of the Content, or any Derivative Works, with the United States Copyright Office, United States Patent and Trademark Office, or any other governmental authority.
Buyer shall not reverse engineer any intellectual property in a manner prohibited by law.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). NCTI will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that NCTI considers insecure, NCTI will be entitled to require the password to be changed and/or terminate your account.
22. ENFORCEMENT OF AGREEMENT
Buyer agrees to pay reasonable attorney’s fees and all other costs and expenses which may be incurred by NCTI in the enforcement of this Agreement.
23. REAL COLORS REFERRAL PROGRAM
Rules for Referral
- You must be a certified Real Colors or Matrixx System Facilitator to participate in the referral program.
- Referrals must complete the Real Colors Referral Form to qualify.
- Upon completing the referral form, you will be notified that your referral has been received, and how much the referral is eligible to earn. If the referral is not eligible for the program (because they work with you or an affiliated organization, you have already referred someone from their organization, or they have already been referred by another certified facilitator) you will be notified at that time.
- The referred individual must become a Real Colors Certified Facilitator within one year of referral to qualify for product credits.
- The referred individual must work outside of your organization or its affiliates to qualify for product credits.
- You may only refer one person from an organization.
- Referrals to an individual in a non-profit, government or educational organization qualify to earn $100 in Real Colors product credits.
- Referrals to an individual in a for-profit entity qualify to earn $250 in Real Colors product credits.
- We will notify you when someone you have referred has become a Real Colors Certified Facilitator and you have product credits on file in your account.
- Credits earned through the Real Colors Referral Program must be used within one year, and must be used all at one time.
- Credits are on file under the name of the certified facilitator who referred the individual. Credits may only be redeemed by that person.
- Credits may be transferred to another individual within an organization, with direct consent from the certified facilitator who earned the credits. Please contact us at (800) 535-6366, ext. 5502 to transfer your credits to another account.
Last updated: June 16, 2015.
© 2014 National Curriculum and Training Institute, Inc.
If you have any questions, please contact Real Colors at (800) 535-6366, or email email@example.com.