It should be understood that "internet testing" is world-wide and because of its universal range is accessible to many evaluators in "different countries." Professional Online Testing Solutions, Inc. limits the use of its tests to residents of countries that are members of the Berne Convention, Universal Copyright Convention Treaty and are English speaking, such as the United Kingdom, Canada, Ireland, Australia, New Zealand, South Africa, and the United States of America. Professional Online Testing Solutions, Inc. also wants to limit its tests accessibility to responsible, ethical and qualified evaluators. The following "Terms and Conditions of Use" was written to attain that goal.
By establishing an account with
Professional Online Testing Solutions, Inc. ("Company") and by purchasing an
online test you (“You”) agree to and accept the terms and conditions of this
“Test User Agreement” (“Agreement”).
Scope of Agreement. For each test credit you purchase, Professional Online
Testing Solutions, Inc. grants You a nontransferable, and non-exclusive right
and authorization for the limited purpose of administration to one (1) person
an assessment instrument or test and related products (collectively “Test”)
supplied by Professional Online Testing Solutions, Inc.
Test Fee. “Test Fee” shall mean $9.95 U.S. Currency per test application
throughout the term of this Agreement. Volume discounts are available to
departments, professional associations, and high volume (over 1,000 tests
annually) provider groups, clinics, and agencies. To obtain a volume discount
contact Professional Online Testing Solutions, Inc. at
info@online-testing.com. Payment is made online by Credit Card (Visa or
MasterCard) via PayPal to Company. Other payment options like checks, money
orders, client purchase orders, etc, are available and interested parties
should contact Professional Online Testing Solutions, Inc via our email
address.
Copyright and Ownership. You acknowledge and agree that all Tests are
copyrighted, are protected by copyright law, and ALL RIGHTS ARE RESERVED. You
do not have the right to administer a Test without payment of the Test Fee.
Tests (including test items and scoring methodology) shall remain the property
of their copyright owner, and You have no ownership rights, right to transfer,
or other rights in the Tests except to administer Tests subject to the Terms
and Condition of this Agreement.
Conditions of Use of Tests and Your Obligation. You acknowledge and agree that
You or your authorized employees administering the Test: (1) are qualified for
test administration and have appropriate training, education and experience and
applicable licensing or certification to meet reasonable testing standards; (2)
have no professional disciplinary restrictions (including, without limitation,
felony convictions or indictments, disciplinary complaints or proceedings, or
other legal restrictions) that preclude You from administering Tests; and (3)
will administer Tests and use results from such Test administration in
accordance with reasonable and appropriate testing ethics and standards. You
acknowledge and agree that no decision or diagnosis will be made solely on the
basis of Test results, and that all Professional Online Testing Solutions, Inc.
Test results will be used in conjunction with review of available records and
based on experienced evaluator judgment.
Terms of Agreement: Your Breach of Agreement. The Agreement granted herein for
a Test shall automatically terminate after each administration and scoring of
that purchased Test. The Company may terminate the authorization granted to You
immediately if You breach the terms and conditions of use of the Test or your
obligations under this Agreement. If You breach your duties under this
Agreement, then Professional Online Testing Solutions, Inc. will suffer
immediate and irreparable damages, and You hereby acknowledge that injunctive
relief will be appropriate.
Limited Warranties and limitation on liability. If any test provided to you is
found to be defective, Professional Online Testing Solutions, Inc, will replace
such test within sixty days after your purchase. Professional Online Testing
Solutions, Inc. makes no other warranties, express or implied, and specifically
disclaims other warranties, including (without limitation) any warranty of
merchantability or fitness for a particular purpose. Professional Online
Testing Solutions, Inc. shall not be liable for any indirect, incidental,
special or consequential damages or loss, whether such damages are based upon a
breach of express or implied warranties, breach of contract, negligence, strict
tort, or any other legal theory arising out of your use, or failure to use a
test. This is true even if Professional Online Testing Solutions, Inc. is
advised of the possibility of such damages. Professional online testing
solutions, Inc. is not liable for the use, interpretation or implementation of
test results. In no case will Professional Online Testing Solutions, Inc 's
liability exceed the amount of the test fee(s) actually paid by you to
Professional Online Testing Solutions, Inc. Some Jurisdictions do not allow the
exclusion of implied warranties, so the warranty language above may not apply
to you. In such a case, the above limitation of remedies provision shall still
apply.
Indemnification. You hereby indemnify and agree to hold Professional Online
Testing Solutions, Inc. harmless from, and against, all claims, demands, cost
(including reasonable attorney fees and court costs) and causes of action of
any type or nature, in law or equity, which arise from your use, interpretation
or implementation of Test results. This indemnification shall survive the
termination of the conditions of this Agreement.
Computer Equipment or Online Internet Failures. You are responsible for
maintenance of your computer equipment and assuring an appropriate internet
connection (if the same is used). Professional Online Testing Solutions, Inc.
is not responsible for any equipment or Internet connection failures, viruses,
or your inability to access tests or scoring of tests due to equipment or
Internet connection failures.
Severability. Every provision of this Agreement is intended to be severable. If
any term or provision hereof is illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the validity of the remainder of
this Agreement.
Governing Law and Jurisdiction. This Agreement shall be governed by,
interpreted under, and construed and enforced in accordance with the laws of
the State of Arizona, without giving effect to the conflicts of laws and rules
thereof, in accordance with its fair meaning, and neither for nor against the
drafting party. The parties agree that any litigation or arbitration arising
from the interpretation or enforcement of this Agreement shall be either in
Maricopa County Superior Court or in the United States Federal District Court
for the District of Arizona, and for this purpose each party to this Agreement
(and each person who shall become a party) hereby expressly and irrevocably
consents to the jurisdiction of such courts.
Entire Agreement: Limitations on Modification or Waiver. This Agreement
constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes all prior understandings, if any, with
respect thereto. No benefit is conferred under this Agreement on any person,
firm, or corporation other than the parties to this Agreement. No
representation, warranty, or agreement herein may be relied upon by any person
not a party to this Agreement. There are no oral promises, conditions,
representations, understandings, interpretations, or terms of any kind between
the parties, except as may otherwise be expressly provided herein. No
modification or waiver of any term of this Agreement shall be effective against
Professional Online Testing Solutions, Inc. unless it is in writing and signed
by Professional Online Testing Solutions, Inc.
Understanding of Terms and Conditions for Use of Tests. You acknowledge and
agree that You have read and understand all the terms of this Agreement, and
You agree to be bound by its terms and conditions. If at any time, you can no
longer comply with Your duties and obligations under this Agreement, You agree
to voluntarily terminate your use of tests and inform Professional Online
Testing Solutions, Inc. of your voluntary termination at Professional Online
Testing Solutions, Inc.’s e-mail address:
info@online-testing.com.
Available tests are licensed from Behavior Data Systems, Ltd.
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Additional information can be provided upon request.
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ALL RIGHTS RESERVED