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Please
read this document carefully. It governs your relationship with
ReviewNet Services Corporation and its affiliates (collectively,
“RSC”). Set forth below are the terms and conditions
under which RSC makes the internet website at www.reviewnet.net
and its sister websites (the “Site”),
and the services available through the Site or otherwise provided by
RSC (the “Services”),
to each person or entity (each a “User”)
accessing or using the Site or the Services.
1.
ACCEPTANCE OF TERMS
By
using the ReviewNet Testing Service (the "ReviewNet Testing
Service") of ReviewNet Services Corporation ("RSC")
you (the "User", "you") agree to be bound by the
following terms and conditions (the "Terms of Use,
Confidentiality and Nondisclosure for All Users", "Terms of
Use", or "Agreement").
By
using the Site or the Services (including by responding to tests,
questions, or other communications received from other Users of the
Site and the Services), each User hereby agrees to and is bound by
this Agreement. If you do not agree with any of the terms of this
Agreement, do not access or otherwise use this Site or the Services
or any information contained on this Site. RSC may make changes to
the content and Services offered on this Site at any time.
Each
User hereby warrants that he or she is of the age of majority in his
or her place of residence.
2.
BACKGROUND: CLIENT USERS, NON CLIENT USERS
RSC
provides companies ("Client
Users")
with Services through the ReviewNet website or otherwise (the
"Services"), including the ReviewNet Testing Service, that
are generally used to assess the technical skills of job candidates,
consultants, or other personnel who are not employees of the Client
("Non-Client
Users").
Client
Users are employees or authorized agents of companies ("Clients")
who have an active License Agreement with RSC ("Client
Agreement"), and who may give access to the Services, including
the ReviewNet Testing Service to Non-Client Users under their Client
Agreement with RSC.
Client
Users are also bound by the terms and conditions of their Client
Agreement with RSC.
3.
OWNERSHIP OF PRODUCTS RSC
warrants that it is the owner of ReviewNet Testing Service and their
content except for content created by Client. All content in the
Site, including tests, questions, and supporting reference material
provided by RSC are subject to the copyright laws of the United
States and foreign countries. User recognizes and acknowledges that
RSC has proprietary interests in the format, organization and content
of the Products and that these restrictions are reasonable to protect
RSC’s interests therein. User shall not copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise
transfer any of the material provided by RSC, except for referral to
RSC or Client for subject matter review and QA purposes.
4.
NON-DISCLOSURE OF USER INFORMATION RSC
recognizes and acknowledges that RSC may be furnished confidential
and/or proprietary information of the User in performance of the
Services herein for the Client, including the names of candidates.
Client shall have exclusive right to User data, including email
addresses, contact information, and test results that are provided or
generated by an authorized User of the ReviewNet Testing Service
accessing the Client’s account. The Client shall be solely
liable for its use of their User data. RSC will at no time sell
market or distribute to a third party the contact information and
other personally identifiable information of candidates who solely
access the site through the Client’s account. RSC shall have
the right to use Client data, including test results, for data
aggregation, statistical reporting and quality assurance.
5.
WARRANTY EXCEPT
AS STATED IN THESE TERMS AND CONDITIONS, RSC MAKES NO WARRANTIES,
(EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PRODUCTS
AND SERVICES. ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
DISCLAIMED.
6.
INDEMNIFICATION YOU
AGREE TO INDEMNIFY AND HOLD RSC HARMLESS AGAINST ALL CLAIMS,
LIABILITIES, DEMANDS, DAMAGES, OR EXPENSES (INCLUDING REASONABLE
ATTORNEYS FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF SERVICES AND PRODUCTS SOLD BY RSC AND/OR YOUR FAILURE TO
ADHERE TO THESE TERMS AND CONDITIONS. RSC AGREES TO INDEMNIFY AND
HOLD YOU HARMLESS AGAINST ALL CLAIMS, LIABILITIES, DEMANDS, DAMAGES,
OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND EXPENSES)
ARISING OUT OF OR IN CONNECTION WITH BREACH BY RSC OF ANY WARRANTIES
SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS.
7.
USE OF PRODUCTS You
agree it is your responsibility to use any RSC Services in accordance
with federal, state, and local laws and regulations. You understand
and agree that RSC Services are meant to be used as part of an
overall assessment process, and are not intended to be used as the
sole determinant of employability. Use of psychological tests in
employment-related situations may be subject to certain laws
including Title VII of the Civil Rights Act of 1964, as amended; the
Americans With Disabilities Act of 1990, as amended; and other
federal, state, and local laws and regulations. You agree to not use
the Service to store, host, or send unsolicited email. You agree not
to use the Service to transmit any worms, viruses, or malicious
content.
8.
GENERAL Any
questions regarding the Terms of Service should be addressed to info
at reviewnet dot net. THIS AGREEMENT WILL BE GOVERNED BY, CONSTRUED,
AND INTERPRETED IN ACCORDANCE WITH PENNSYLVANIA LAW.
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