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In order to log in and complete the questionnaire for the Assessment Process, please read the following terms and conditions.
TERMS AND CONDITIONS 1. Authorized Respondent: This site and related assessment materials are for Authorized RESPONDENTS only. By logging on and using this site and related assessment materials, you represent that you are an Authorized RESPONDENT who has been provided with the necessary passwords and you signify your understanding that all of the documents within this site are copyrighted by Dean Fowler Associates, Inc. (Hereinafter referred to as DFA) and that all rights to the copyrighted materials are reserved by DFA. 2. Confidentiality: The responses made on the questionnaire will be used to generate an Assessment Report. The Assessment Report does not disclose an individual's responses to the individual items in the questionnaire. Instead the Assessment Report compiles the responses to all the questions into a set of 12 distinct factors by averaging all of the respondents' numerical answers. For each of these 12 factors, the Assessment Report does provide summaries that show averages by category (e.g., senior family, successor, partner, employee, advisor) as indicated by item four on the questionnaire. If there is only one respondent in a particular category, it may be possible to identify his or her average score within any one of the 12 factors. The completed Assessment Report is E-mailed to the Advisor (i.e., to the person who contracted with DFA for use of the assessment materials) as a password protected document. The Advisor working with his or her client determines the distribution of the Assessment Report. 3. Usage Restrictions. Authorized RESPONDENT agrees not to attempt to or encourage attempts to use the DFA Internet administration, scoring, and reporting system in any unauthorized, unethical, or illegal manner. 4. Indemnity, Hold Harmless, and Warranty by Authorized Respondent. Authorized RESPONDENT agrees to hold DFA and Advisor harmless from any proceedings, claims, suits or legal process brought against DFA related in any way to Authorized RESPONDENT's use of the Assessment Material. Authorized RESPONDENT shall indemnify DFA and Advisor for any claims, demands, judgments, reasonable attorneys' fees, costs and expenses (including actual time charges, at the then prevailing rates, of DFA and Advisor officers, agents and employees incurred in responding to any such claims) arising from, or alleged to have arisen out of Authorized RESPONDENT's use of the Assessment Material. To the extent that an Authorized RESPONDENT is an officer of a corporation or partner in a partnership, which corporation or partnership is the business that is the subject of the assessment, then Authorized RESPONDENT's agreements to hold harmless and indemnify are made in both the Authorized RESPONDENT's individual and representative capacities. 5. Disclaimer: Action Requires Professional Advice. Authorized RESPONDENT understands that the interpretations and general recommendations provided in the Assessment Report are based only on the data recorded by the individual Authorized RESPONDENTS. The analysis is not based on direct, first-hand, personal or professional consulting assessment of the business. Consequently, this analysis should not be construed as providing professional advice to the business. The interpretations and general recommendations are only suggestions about issues which should be explored. Implementation and actions which may occur as a result of the Assessment Report should be taken only with direct professional consulting advice from properly licensed professionals. Accordingly, persons should not act upon information in this report without seeking direct and professional advice. Finally, the interpretations and general recommendations are based on information provided during a limited time period. The date of the interpretations and analysis should be carefully examined when utilizing the results in the Assessment Report. Because attitudes and answers may change over time, outdated information may offer little positive value. 6. Copyrights and Restrictions. All Assessment Material and Reports offered by DFA are copyrighted. Printing or reproducing copyrighted materials, including reproduction onto any electronic medium, is prohibited by law. DFA grants limited permission to print or reproduce additional copies of the Assessment Material and Reports for the sole purpose of distribution of such to a business that is being assessed through this process. 7. Disclaimer of Warranties and Limitation of Liability. DFA and Advisor make no warranty representations, expressed or implied, of the accuracy, performance, or fitness for any particular purpose of the information or materials provided to Authorized RESPONDENT by DFA or Advisor. In no event will DFA or Advisor be liable to Authorized RESPONDENT for any special, consequential, or exemplary damages. Further, neither DFA nor Advisor will be liable for failure to perform its or their obligations if such failure is due to causes beyond DFA's or Advisor's reasonable control. Authorized RESPONDENT acknowledges that the Internet experiences periods of interrupted service which may affect service. Replacement of materials, or refund of all or a portion of the purchase price, at DFA's or Advisor's sole option, constitutes the sole and exclusive remedy of the Authorized RESPONDENT, in lieu of any and all actual, consequential, special, incidental or other remedies and damages in connection with Assessment Material, and any use or misuse thereof, and any Report or other services in connection therewith. Neither DFA nor Advisor is, under any circumstances, liable for the Authorized RESPONDENT's expenses in using Assessment Material, for delays, or for costs of substitute materials, or for possible lost income, grants, profits, or any other special or consequential damages. These provisions apply to all orders accepted by DFA and may not be modified by any means unless expressly agreed to in writing by DFA. 8. General Provisions. (a) This Agreement shall be construed according to the laws of the State of Wisconsin of the United States of America. (b) Authorized RESPONDENT represents that the person accepting these Terms and Conditions on Authorized RESPONDENT's behalf has the full authority to execute such contracts and agreements for Authorized RESPONDENT. IF YOU AGREE WITH THE ABOVE TERMS AND CONDITIONS, CHOOSE AGREE BELOW:
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