Terms & Conditions

Vector Psychometric Group Terms of Use

Effective Date: January 2, 2024

Vector Psychometric Group, LLC (“VPG”) requires that users adhere to these Terms of Use (these “Terms”) when they are using the VPG website or any other website or mobile application from which or through which these Terms are available, as well as when they are using any VPG software that includes a link to these Terms or that requires users to accept these Terms as a condition of using such software. As used herein, “VPG Services” refers to any and all such websites, mobile applications, and software products or services that make these Terms available or require acceptance of these Terms.

About VPG

VPG offers consulting services to a diverse group of clients that includes government agencies, medical device and pharmaceutical companies, sports teams, research organizations, and academic researchers, as well as advanced psychometric software applications and assessment tools for operational use.

2. About these Terms

These Terms are a legally binding agreement between VPG and you, and by using any VPG Services you are agreeing to abide by these Terms, as they may be amended by VPG from time to time as set forth herein. These Terms give VPG important legal rights in the event of your breach or violation of these Terms or any of your obligations hereunder, so it is critical that you read these Terms carefully and ensure that you are in agreement with all of them before using any VPG Services.

It is also your responsibility to review these Terms periodically. Our business and technology are continually evolving, and so from time to time we may decide to make revisions to these Terms (which, to be clear, we will have the right to do at our sole discretion). You should review these Terms periodically to make sure you remain in agreement with them.  All VPG Services (whether websites, mobile applications, or software) will include a link to our most up-to-date Terms, or information on how to access and review those Terms, and we include an effective date at the top of the Terms, so you can quickly see when they were last updated. Your continued use of VPG Services following any revisions to these Terms will constitute your acceptance of such revisions and your agreement to continue to be bound by these Terms. If you do not agree to any revisions to these Terms, your sole remedy will be to discontinue your use of VPG Services.

3. User Information and VPG’s Privacy Notice

VPG has developed a Notice of Privacy Practices (the “Privacy Notice”) to show VPG’s commitment to fair information practices and the protection of our users’ privacy, and to explain how VPG collects, uses, shares, and discloses information about its users. The Privacy Notice is expressly incorporated into these Terms, and your use of VPG Services indicates your agreement to the Privacy Notice as part of these Terms. The Privacy Notice can be reviewed at any time by following the privacy notice or privacy policy link from any VPG Service.

4. Account Information

In order to execute certain transactions using VPG Services, you may be required to have a valid account (your “Account”), which may be an account with VPG or with one of VPG’s business partners – the specific type of Account that you need will be indicated for you by VPG Services or in the application or website that is providing VPG Services. You must use your own Account only; you may not use anyone else’s account to access or use VPG Services, and you must not permit anyone else to access or use any VPG Services with your Account. When you sign up for an Account or link or otherwise provide an Account for use with VPG Services, it will be your responsibility to ensure that all of the information that you provide, or that an Account provides on your behalf, is complete and accurate and is kept up to date in the event of any changes.

You will be responsible for maintaining the confidentiality of your Account information, including all user IDs, passwords and other access or verification information, and for ensuring that unauthorized users are not able to access that information or your Account as a result of your failure to securely store that information. You agree to notify us immediately should you suspect or become aware of any unauthorized use of any of your Account information. We will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.

In addition, VPG reserves the right to suspend or terminate the account of anyone who is found to have used a fake, inaccurate, or misleading name, email, mobile phone number, or other identifying information on their account, permitted other users to access and use their account, or used the account of any other user.

5. Intellectual Property Rights, Restrictions, and Your License to VPG Services

Provided that you agree to all of these Terms and comply with all of the requirements set forth below, VPG is willing to provide VPG Services to you, and agrees to give you a non-exclusive, limited, and revocable right and license to use VPG’s website and other VPG Services for use only by you (which will include use by any entity that you represent and on whose behalf you are specifically authorized to agree to these Terms). We can revoke this license at any time if we learn that you have violated any of these Terms. VPG and its licensors retain full and complete ownership of VPG Services and all intellectual property rights inhering therein, arising therefrom, or related thereto. You are not permitted to decompile, reverse-engineer, disassemble, or otherwise convert or attempt to convert any VPG software to a human-perceivable form of code, or to any other form of code that might allow you, a third party, or any computing device (including without limitation any device employing any type of generative AI) to access and use the source code for any VPG software.

The foregoing notwithstanding, in the event that you must purchase a license or subscription from, or otherwise pay usage or license fees to, VPG in order to use certain VPG software products and/or other VPG Services, you will not be provided with access to those VPG Services until VPG has received payment of all applicable fees, and you may also be required to execute or accept a separate purchase or license agreement relevant to those VPG Services (the terms and conditions of such separate agreement, the “Additional Terms”). In the event that you are required to execute a separate agreement and agree to its Additional Terms, those Additional Terms will take precedence over any contrary or conflicting provisions in these Terms.

VPG’s name and logo, together with all other trademarks and logos used in or in connection with any VPG Services, are and will remain the exclusive property of VPG or its licensors, and you may not copy, use, or display any of these names, logos, or other trademarks in any manner (excluding displays found in or generated by any VPG software) without VPG’s prior written consent, which we may withhold in our sole discretion.

In order to use VPG Services:

You must be at least 18 years of age and be legally able to enter into contracts;
You must comply with all laws, rules, and regulations applicable to your use of VPG Services;
You must respect and obey all laws regarding copyright and trademark ownership and use of intellectual property; and

You must not attempt to violate any security features of VPG Services, or of any software, content, or other features available from or with VPG Services.

6. Disclaimers and Limitations of Liability

VPG SERVICES AND ALL VPG SOFTWARE AND THEIR RESPECTIVE CONTENT AND FEATURES ARE MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, VPG SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VPG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING VPG SERVICES AND ITS CONTENT AND FEATURES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VPG DOES NOT WARRANT THAT VPG SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF VPG SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

VPG’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VPG BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF VPG SERVICES OR ANY SOFTWARE PROVIDED TO YOU BY VPG. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. VPG MAY TERMINATE YOUR ACCESS TO VPG SERVICES OR ALTER OR DELETE VPG SERVICES OR THEIR CONTENT OR FEATURES AT ANY TIME, IN ANY WAY, AND FOR ANY REASON OR NO REASON, ALL IN VPG’S SOLE DISCRETION.

To ensure that VPG and its business partners can provide a high-quality experience for you and for other users of VPG Services, you agree that we or our representatives may access your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of VPG Services. We do not intend to disclose the existence or occurrence of such an investigation unless required by law.

7. Indemnification

You agree to indemnify and hold harmless VPG and its business partners, and its and their respective owners, officers, directors, employees, contractors, parents, subsidiaries, affiliates, representatives, successors, and assigns from any and all third party claims (including any losses, liability, damages, and/or costs related thereto, and further including our reasonable attorneys’ fees and costs) arising from any use of your Account (whether by you or by anyone else, whether or not authorized), your use of VPG Services, or your violation of these Terms. We will notify you of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claims.

8. Entire Agreement

These Terms, together with the Privacy Notice and any Additional Terms that you may be required to accept in connection with your use of VPG Services, constitute the entire agreement between you and VPG with respect to the subject matter hereof and govern your use of VPG Services, superseding any prior agreements between you and VPG with respect thereto (including, without limitation, earlier versions of these Terms that may have been accepted by you). Any representations, statements, or agreements made or entered into elsewhere, whether directly or indirectly, written or oral, or in advertising will not be binding on VPG unless expressly confirmed in writing by VPG to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content, or third-party software.

Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be invalid, such invalidity shall not affect the remaining provisions, all of which shall continue in effect.

9. Dispute Resolution

You and VPG agree to arbitrate all disputes and claims between you, where the dispute arises out of or relates in any way to these Terms or any VPG Services. This agreement to arbitrate is intended to be broadly interpreted and to cover any and all disputes arising hereunder to the maximum extent permitted by law; provided, that this agreement to arbitrate disputes does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in any small claims court that has jurisdiction pursuant to Section 10 (“Governing Law and Venue”) below; provided, that an arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of any such small claims court.

Before you assert any formal legal claim against VPG, we would like an opportunity to address your concerns without the need for litigation or any other formal proceeding. Before initiating arbitration against VPG, you agree to try to resolve the dispute informally by submitting your request through info at vpgcentral.com. We will try to resolve the dispute informally by contacting you via email. If your dispute has not been resolved within 30 days after you submit it to VPG in accordance with this paragraph, both you and VPG will have the right to initiate arbitration under the terms hereof.

Any dispute that cannot be resolved within 30 days after VPG receives notice submitted by you in accordance with the foregoing paragraph will be determined by an arbitration proceeding in Wilmington, Delaware before a sole arbitrator and administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). After expiration of the 30-day period required by the foregoing paragraph, either you or VPG may submit a written demand for arbitration to the other party to the dispute, and within ten days after the demand for arbitration is given, the parties will select a single neutral arbitrator to preside over the arbitration proceeding. If the parties fail to select an arbitrator within such ten-day period, the arbitrator will be chosen pursuant to the JAMS Rules. In addition to the powers conferred by the JAMS Rules, the arbitrator will have authority to order such other discovery as he or she deems appropriate for a full and fair hearing of the case. The arbitrator’s decision will be final and binding and the award so rendered may be filed in any court having jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.

An arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting any other VPG users or any third party. You agree that you may bring claims against VPG only in your individual capacity, and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

10. Governing Law and Venue

Delaware law will govern these Terms and your use of VPG Services, and in the event that you should bring any claim against VPG (where the bringing of such claim does not violate your arbitration agreement set forth in Section 9 above), you agree to do so exclusively in Wilmington, Delaware, in any state or federal court having jurisdiction. Your use of VPG Services should not be construed as VPG purposefully availing itself of the benefits or privilege of doing business in your jurisdiction, or in any state or jurisdiction where VPG has not specifically qualified or otherwise registered to do business.

11. Contact Information

Any time you have any questions about these Terms, about VPG in general or about any VPG Services, please email your questions to us at info at vpgcentral.com, and we will get back to you as quickly as possible.