Beyond ROI Data Privacy Center

Beyond ROI, Inc.  Terms of Use

 

1. Accepting These Terms

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This document makes up our complete Terms of Use (the “Terms” for short).

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The Terms are a legally binding contract between you and Beyond ROI, Inc. Please note that Section 5.  Disputes with Beyond ROI, Inc., contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Beyond ROI, Inc.services. By using our Services (even just participating in one of our surveys), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

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2. Your Privacy

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We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

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Both Beyond ROI, Inc. and your company process personal information (for example,  name, email address, and assessment results) and are therefore considered separate and independent data controllers of participants personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services.

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3. Eligibility to Use Beyond ROI, Inc.’s Services

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You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services with direct consent of a parent or legal guardian. Children under 13 are not permitted to use Beyond ROI, Inc. or the Services.

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4. Warranties and Limitation of Liability

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Warranty: Beyond ROI, Inc. is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are performed by competent and qualified by education, experience and training, and are licensed, where appropriate, to perform Services.  Beyond ROI ensures that the Services are performed in accordance with generally accepted professional practices and standards and within the stated objective within any contract between Beyond ROI and participant’s employer.

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Liability Limits: In no event shall Beyond ROI, Inc.’s aggregate liability for any damages exceed the greater of one hundred the amount your employer paid Beyond ROI, Inc. in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

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5. Disputes with Beyond ROI, Inc.

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A. Governing Law. The Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

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B. Arbitration. You and Beyond ROI, Inc. agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can get more information  by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis--class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Beyond ROI, Inc. are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

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C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Beyond ROI, Inc. will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

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D. Forum. We’re based in Raleigh, NC, so any legal action against Beyond ROI, Inc. related to our Services must be filed and take place in Raleigh. That means the seat of any arbitration shall be Raleigh. For any actions not subject to arbitration, you (where your contract is with Beyond ROI, Inc., ) and Beyond ROI, Inc. agree to submit to the personal jurisdiction of a state court located in Wake County, North Carolina or the United States District Court for the Central District of North Carolina,