ICS Inventory, LLC (the “Company) provides services through http://icsinventory.com (the “Website”), including the Intercultural Conflict Style Inventory® (“ICS®”), workshops, and other related materials (“Services”)
ICS® Ownership and License Agreement
The ICS® is the intellectual property of the Company and is a unique assessment with a wide range of applications.
When you purchase the Services, the Company provides you with a limited, revocable, non-exclusive, non-transferrable license to use the ICS® and any related purchased materials (“ICS® Materials”) in accordance with these Terms.
Scope of Use/ Permitted Uses of the ICS®
You acknowledge and agree that:
- The Company is the creator, sole and exclusive distributor of the ICS®, and all online assessments must be completed on the Website.
- ICS Certification Workshop or advanced workshops (“ICS Certification Workshops”) provided by the Company shall provide you with in-depth training on how trainers use the ICS® internally within their organizations Only the Company may provide the ICS Certification Workshops.
- The creation of any and all derivative products using any part of ICS® Materials is strictly prohibited.
- You may not alter or change the ICS® in any way or convert it to any format (i.e., power point slide, on a website, in a presentation, etc.) without the written consent of the Company.
- You will neither offer nor provide the ICS® as a mass marketing product for sale to the general public.
- You may not offer individuals an option to take the ICS® in manner contrary to the Terms.
- You may not increase the price of the ICS®. Any cost you may impose on your clients must reflect the current pricing set by Company as listed on the Website.
- You may include the ICS® Materials into any and all “toolkits” or service offered or sold as a customized service to clients, provided that (i) the ICS® is provided as part of your services; (ii) proper attribution is given to Company as stated below; (iii) the use is permitted by these Terms or Company has provided written prior permission for your specific use.
- You are permitted to download and print one copy of any report or manual for personal use. You may not print additional copies of the ICS®, and may not distribute said materials in any manner unless you receive prior written permission from the Company.
- When conducting research, the ICS® cannot be used within other electronic data collection systems, nor can it be used with separate scoring metrics.
- You shall use the ICS Materials in an appropriate professional manner, as stipulated by, and consistent with, the Terms and industry best practices.
Your license to use the ICS® Materials may be revoked, for any breach of the Terms, at our sole discretion and, we reserve the right to suspend or terminate a user or account at our sole discretion.
Intellectual Property Notice and Attribution
Copyright© 2003-2021 by ICS Inventory, LLC. All rights reserved.
The Intercultural Conflict Style Inventory® (ICS®) is protected by United States and international copyright laws and is the exclusive property of Mitchell R. Hammer, Ph.D., and Company. Except as permitted by these Terms, no part of the ICS Inventory online or print assessments, Interpretive Guide and Facilitator Manual, or other ICS Materials may be reproduced, stored in a retrieval system, or transmitted in any form or by any means including but not limited to, electronic, mechanical, photocopying, recording, video or streaming, screen shots, without prior written permission of Company.
Any permitted materials must be clearly marked “Copyright © 2003-2021 ICS Inventory, LLC. All rights reserved.”
The Intercultural Conflict Style Inventory ® and ICS ® are registered trademarks in the United States and/or other countries of Company. Company’s trademarks may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company.
In the event that you wish to use ICS® Materials or the ICS® logo, please submit the Intellectual Property Permission Request Form.
Purchase and Shipping Terms
Purchasing the ICS® Online Assessment
As soon as you submit an order for the ICS® online assessment for yourself or others, passcodes are generated immediately, and you or your clients will have access to this online service soon afterwards. Once ordered, it is not possible to return any of these intangibles to us, therefore, we do not offer any refunds in whole or part nor do we allow any product transfers.
Purchasing the ICS® in Print
Orders for the ICS® in print are final and non-refundable. Refusing an order that has been shipped to you will not result in a refund, and you may incur additional charges. If your materials are damaged during transit please contact our office immediately. Kindly save the box and all packing materials and if possible, take a photo of the damaged package and email it to, email@example.com. We will send you a replacement of your materials and work with the carrier to return the items back to our office.
Purchasing the Virtual ICS Certification Workshop
Registration for an ICS Certification Workshop can only be completed online on the registration page. Due to the advance preparation required to conduct the ICS Certification Workshop, Tuition is nonrefundable. If you unable to attend the ICS Certification Workshop, you must immediately inform Company. If you notify Company no later than fourteen (14) days prior to the start of the ICS Certification Workshop, then Company will allow you to register for an alternative ICS Certification Workshop within one (1) calendar year at no additional cost. If you notify Company less than fourteen (14) days prior to the start of the ICS Certification Workshop, you are considered a “No-Show” and forfeits your Tuition. If you wish to register for an alternative ICS Certification Workshop, you must pay Tuition again. Should Company cancel or reschedule the ICS Certification Workshop, it shall either (i) refund your Tuition; or (ii) allow you to register for an alternative Advanced Workshop at no additional cost.
International Shipping Duties and Taxes
ICS® Print Test orders that are shipped to locations outside of the United States of America are subject to international duties and taxes. Duties and taxes vary by country and are applied after the shipment has been received at the address provided at Checkout. The Purchaser is responsible for these charges which will be applied once Company has been made aware of the charges. For Credit Card payments, your account will be re-billed for these charges.
Company utilizes the United Parcel Service (UPS) for all shipping of ICS® Print Tests. All shipments are sent from the United States of America and shipping times vary greatly depending on the shipment's destination and each country's customs clearance process. For more information on shipping methods and estimated shipping times, check the UPS International Shipping Services descriptions (link redirects to the UPS website).
You are responsible for ensuring that when using the Company’s Services, you or your clients, as applicable, have (i) access to a computer or tablet that has working audio and video with camera; (ii) reliable and consistent internet access; and (iii) a quiet space free from interruptions.
If you are participating in an ICS Certification Workshop, you must be actively engaged and participating throughout the Seminar to complete the certification. Company reserves the right to refuse certification you if you fail to participate and complete the requirements. You are responsible to test your equipment. Company is not responsible for any technical difficulties, which prohibits you from completing the ICS Certification Workshop. The Workshop will not be delayed due to your technical issues.
ICS® Materials are based on the relevant research and insights of Company and its constituent members. Except as expressly provided in these Terms, neither Company nor any of its members make any claim or warranty regarding the use of the ICS® Materials or the fitness or suitability of same for your use, and you remain solely responsible for the appropriate use of the ICS® Materials.
Indemnification and Limitation of Liability
By using the ICS® Materials, you agrees to indemnify, defend, and hold harmless Company and its members, officers, employees and agents from and against any and all claims, damages, losses, liabilities, and expenses (including but not limited to reasonable attorneys’ fees and costs) arising out of or relating to, directly or indirectly, your, your clients, agents, and/or representatives’ (i) use of the ICS® Materials; (ii) breach of these Terms; or (iii) violation of any international, federal, state or local law, regulation, or ordinance.
NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THESE TERMS, IN NO EVENT WILL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THIS LICENSE OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE MATERIALS;INABILITY TO PARTICIPATE IN A SEMINAR (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR FROM ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID BY YOU TO COMPANY FOR THE SERVICES IN THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Information or Complaints
If you have a question or complaint regarding the Services, please contact us immediately at firstname.lastname@example.org or via our contact us form located at https://icsinventory.com/contact-us/. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Print this Agreement
For record keeping purposes, we encourage you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using the Services offered constitute a contract and have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
Last Updated March 22, 2021