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PeopleAnswers Use Agreement
 

1. Acceptance of Terms of Use

PeopleAnswers offers companies (the "Client") access to certain tools and services accessible through the Site, including, but not limited to, employee testing and assessment services (the "Service"). You have been referred to this web site (the "Site") by a PeopleAnswers Client to take a test through the Service. Current employees of the Client and potential employment candidates of the Client may take and provide answers to one or more assessment tests through the Service, as requested by the Client. After completion of the test(s), PeopleAnswers will prepare a data assessment based on your responses (the "Assessment") and provide it to the Client. PeopleAnswers is not responsible for any hiring or termination decision made by the Client directly or indirectly as a result of the Assessment. You have no ownership rights in the Assessment nor do you have the right to see or have access to the Assessment. You agree that PeopleAnswers shall have no obligation to provide you with a copy of the test(s) taken through the Service, a copy of your responses, or a copy of the Assessment provided to the Client.

Please review the following terms and conditions carefully. This agreement is a legally binding contract between you and PeopleAnswers, Inc. ("PeopleAnswers") regarding your access to and use of the Site. By accessing the Site, you agree to be bound by all of the terms and conditions set forth herein.

PeopleAnswers reserves the right to change these terms and conditions and/or the Service from time to time at its sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any.

2. Use of the Site; Tests and Assessments

To begin using the Service, you will be asked to submit required and optional information at the First Time Candidate page at the Site. Providing this information will enable you to log-in to the Service. For information on how such information will be used, please see the PeopleAnswers' Privacy Policy. Once logged in to the Service, you will take and provide answers to one or more assessment tests, as requested by the Client. After you complete the test(s), PeopleAnswers will prepare an Assessment based on your responses. The Assessment will be provided to the Client. If you do not want your responses used in this manner and shared with the Client, you must click that you do not accept these terms. You will not be allowed to use the Service or the Site.

You agree to provide accurate and complete responses. Should PeopleAnswers suspect that such information is untrue, inaccurate, not current or incomplete, PeopleAnswers has the right to suspend or terminate your use of the Service. You grant PeopleAnswers a non-exclusive, perpetual, royalty-free license to use the responses provided by you in any manner and through any medium in the sole discretion of PeopleAnswers (although PeopleAnswers will not disclose any legally protected personally identifiable information to any person except the Client). Neither the Assessment nor the Service is intended to screen persons on the basis of any legally or otherwise protected status, such as race, color, religion, sex, national origin, sexual orientation, age or disability.

Each test may be taken only once. You are not licensed to take any test more than once unless the Client has specifically requested that you do so.

3. Passwords and Security

You agree that you will not: (a) permit other individuals to use your password; or (b) copy any portion of any test provided through the Service. Please note that you are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify PeopleAnswers immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. User accounts cannot be "shared" or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service. You remain solely responsible for any authorized or unauthorized use of your password.

4. Your Conduct

You agree not to:

a. upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (y) infringes any third party's intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;

c. impersonate any person or entity, including, but not limited to, a PeopleAnswers official or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. attempt, through any means, to gain unauthorized access to the Site, or another user's account on the Site;

e. forward or share any information regarding the Service and/or the Site, including, but not limited to, an Assessment furnished through the Service, to any third party; or

f. use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without our prior expressed written permission. Additionally, you agree that you will not take any action that imposes an unreasonable or disproportionately large load on PeopleAnswers? infrastructure.

The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

5. Proprietary Rights Restrictions

All material on the Site, including, without limitation, all informational text, design of and "look and feel" of the Site, layout, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by PeopleAnswers or other parties that have licensed their material to PeopleAnswers and is protected by copyright, trademark and other intellectual property laws. PeopleAnswers disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either PeopleAnswers or other third parties. You agree not to display or use such marks without PeopleAnswers? prior written permission.

The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

PeopleAnswers alone shall own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service ("Submissions"), and you agree to assign such Submissions to PeopleAnswers free of charge. PeopleAnswers may use such Submissions as it deems appropriate in its sole discretion.

6. Links to Other Web Sites

The Site may contain links to third party sites. The linked sites are not under the control of PeopleAnswers. PeopleAnswers does not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site, including, but not limited to, information provided at the Site that may link the user to a third party web site. In no event shall PeopleAnswers or its licensors be responsible for any content or other materials on or available through such third party sites.

7. Local Laws and Export Controls

The Site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other countries to which the United States and/or the European Union maintains an embargo (collectively, the "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, the "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

This Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.

Any diversion of the Content contrary to United States or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorized by the United States Government or appropriate European body for such purposes.

8. Changes to the Site

PeopleAnswers reserves the right to modify, suspend or discontinue all or any portion of the Site and/or the Service at any time, without notice. Unless stated otherwise, any new features to the current Site or Service shall be subject to these Terms of Use. These Terms of Use may be modified by PeopleAnswers at any time. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.

9. Failure to Abide by these Terms

PeopleAnswers may in its sole discretion terminate or suspend your account and any current activities at the Site immediately, without notice to you, if you breach these Terms of Use or if PeopleAnswers is unable to verify or authenticate any information that you provide to Us. PeopleAnswers reserves the right, in its sole discretion, to refuse access to any user at any time to those portions of the Site that require registration. You agree that PeopleAnswers shall not be liable to you or any third party for any termination of your access to any Material, Content, the Service and/or the Site.

10. PeopleAnswers Privacy Policy

On-line information collected and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy.

11. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL PEOPLEANSWERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, RESULTING FROM ANY POSSIBLE CLAIM, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS TAKEN BY THE CLIENT BASED ON THE ASSESSMENT OR ANY OTHER INFORMATION PROVIDED BY YOU THROUGH THE SERVICE OR A LOSS OF OPPORTUNITY FOR EMPLOYMENT WITH THE CLIENT OR ANY OTHER EMPLOYER OR UNINTERRUPTED OR ERROR-FREE ACCESS TO THE SITE AND/OR SERVICE, BUT IN NO EVENT PRECLUDING A CLAIM FOR DIRECT DAMAGES AS A RESULT OF PEOPLEANSWERS DISCLOSING PERSONALLY IDENTIFIABLE INFORMATION CONTRARY TO THESE TERMS OF USE.

12. Miscellaneous

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

If you have any questions or comments about our Terms of Use, please click here for the person you should contact.

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