Posted/Revised: September 23, 2018
These On Demand Assessment Terms of Service form an agreement (this "Agreement") by and between Criteria Corp, a California corporation ("Criteria," "we," or "our") and you, the test-taker ("you"). This Agreement is effective as of the date you click "I agree." This Agreement governs your access to and Criteria's provision of Criteria's web-based pre-employment testing subscription service, including HireSelect® (a web-based version) (the "Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING "I AGREE," YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO ACCESS OR USE THE SERVICE.
1. Eligibility and Access to the Service
(a) To access the Service, you must sign in with the EventID or log-in details provided to you by your employer or prospective employer (the "Employer").
(b) You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service.
(c) You agree to comply with Criteria's Acceptable Use Policy, currently posted at http://www.ondemandassessment.com/home/aup (the "AUP").
2. Your right to use the Service
(a) The Service, and any information or materials we make available through the Service (such as test and survey questions) (our "Content"), are protected by copyright and other laws and treaties around the world.
(b) You agree that all trade secrets, copyrights, and other intellectual property rights in the Service and our Content belong to us or the people who have licensed those rights to us.
(c) We give you a right to access the Service under this Agreement. Your right to use the Service is personal to you and you are not allowed to give this right to any other person. In your use of the Service, you shall not allow anyone to take any tests or surveys for you or through your account.
(d) You agree that you have no rights in or to the Service other than the right to use it in accordance with this Agreement.
(e) Unless allowed by this Agreement or as permitted by the functionality of the Service, you agree:
(i) not to copy, or attempt to copy, any portion of the Service, including without limitation the Content;
(ii) not to give or sell or otherwise make available any portion of our Service to anybody else;
(iii) not to change or attempt to change any portion of the Service; and
(iv) not to look for or access the code of any portion of the Service that we have not expressly published.
3. Your privacy
4. Your content
(a) You confirm that any images, text or information that you make available or create while using the Service or upload to the Service ("User Content") will comply with the requirements of the AUP.
(b) We do not claim ownership of your User Content, but you grant us the right to collect it and make it available to the Employer.
(c) You confirm that you have the right to include any content owned by a third party in your User Content.
(d) Our right to use your User Content does not in any way affect your privacy rights.
(e) You agree not to provide any of the following to the Service: (i) private information about your health, including without limitation "protected health information" as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"); or (ii) U.S. social security numbers, similar identifiers from other jurisdictions, credit reporting information, or your credit card numbers. Except as required by applicable law, CRITERIA IS NOT RESPONSIBLE OR LIABLE FOR ANY DATA BREACH OR OTHER EXPOSURE OF INFORMATION LISTED ABOVE IN THIS SECTION 4(e).
5. Ending our relationship
(a) We may immediately end your use of the Service if you breach this Agreement or any other rule(s) or terms and conditions we set for accessing and using the Service, including the AUP.
(b) We may also withdraw the Service as long as we give you prior notice.
(c) If you or we end your use of the Service or we withdraw the Service, we may delete your User Content or any other information about you. You will also lose any rights to use the Service or to access any of our Content or your User Content. We are not required to compensate you for any related losses.
(d) This Section 5 is subject to your legal rights to personal data under the law of the country in which you reside.
6. Our liability / responsibility to you
(a) THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". CRITERIA DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, WITHOUT DELAYS, OR ERROR-FREE OR MEET YOUR EXPECTATIONS. CRITERIA DOES NOT GIVE ANY COMMITMENT RELATING TO THE PERFORMANCE OR AVAILABILITY OF THE SERVICE AND, TO THE EXTENT CRITERIA IS ABLE TO DO SO UNDER APPLICABLE LAW, IT EXCLUDES ANY COMMITMENTS THAT MAY BE IMPLIED BY LAW, INCLUDING ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE AND RELATED MATERIALS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
(b) IN THE EVENT OF A CLAIM ARISING OUT OF THE PROVISION OF THE SERVICE, OUR RESPONSIBILITY TO YOU WILL NEVER BE MORE THAN $1,000. IN ANY EVENT, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR FOR ANY PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THE PRECEDING SENTENCE APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF CRITERIA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 6(b), Criteria's liability will be limited to the maximum extent permissible.
(c) You recognize and agree that Criteria is not responsible or liable for any act of the Employer, including without limitation (a) any wrongful termination, discrimination in hiring, or other wrongdoing related to employment; (b) any Employer violation of applicable law, including without limitation, federal, state, and local employment and anti-discrimination laws and regulations; and (c) any Employer failure to protect your name, address, e-mail address, other private or personally identifiable information, or test or survey answers, or any other information about you (collectively, "Candidate Data."
(d) You understand that Criteria has no control over the Employer's use of your Candidate Data and that you should address issues related to such use with the Employer. You recognize and agree that Criteria has no responsibility for any Employer conduct related to checks on your background, that Criteria is not a consumer reporting agency and does not generate background reports (sometimes referred to as consumer reports or investigative consumer reports), and that Criteria will neither obtain nor maintain on its servers any background report on you.
7. Taking the tests & score reports
(a) You shall not assist anyone else in taking any tests or service made available through the Service, or use the aid of any person or reference, or other aid beyond your own memory and skills, in completing the tests or surveys, unless you are instructed to do so in writing by the test or survey written instructions or by the Employer
(b) In the event you have a disability for which you require accommodations for employment testing under applicable law, it is your responsibility to notify the Employer or individual or organization that has asked you to use the Service and to request such accommodations. You agree to send a copy of such notification to Criteria Corporation, 750 N. San Vicente Blvd., Suite 1500 E. Tower, West Hollywood, CA 90069, Attn: Chief Operating Officer, or via email to Help[at]Criteriacorp.com, Subject: Accommodations Request.
(c) Responding to certain tests by holding down a response key may cause screen flickering that may cause discomfort or other more serious reactions in individuals with photosensitivity conditions such as epilepsy, so caution is advised. If you have this concern, please notify the Employer and copy Criteria Corp as specified above before taking any tests.
(d) You understand and agree that regardless of test items or questions, the Test Content does not include "psychological tests." Tests are not being administered by a mental health professional, in a medical setting, or for the purpose of providing a diagnosis for any mental or medical condition, and they are not designed or intended to be used as such. They are pre-employment tests, one of a variety of factors to be used for the purposes of determining match or fitness for a job, based on the knowledge, skills, and abilities required for that job.
(e) You understand and agree that: (i) we have no obligation to provide scores or score reports to you; (ii) we will provide your score report(s) to the Employer; (iii) we have no control over the Employer's use of your score reports. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY USE THE EMPLOYER MAKES OF YOUR SCORE REPORT(S), INCLUDING WITHOUT LIMITATION USE THAT MAY INJURE YOU, SUCH AS DISCLOSING YOUR SCORES TO THIRD PARTIES OR MAKING ADVERSE EMPLOYMENT DECISIONS BASED ON YOUR SCORES.
8. Dispute resolution
(a) To the extent permitted under the applicable law, you and Criteria agree that each may bring claims against the other only in your or Criteria's individual capacity and not as a plaintiff or class member in any purported class action or representative action. Unless both you and Criteria agree, no judge or arbitrator may consolidate more than one person's claims or otherwise preside over any form of a representative or class action proceeding.
(b) These Terms of Service shall be governed solely by the internal laws of the State of California without reference to any principle of conflicts of law that would apply the substantive laws of another jurisdiction to the parties' rights or duties. To the extent permitted by applicable law, the parties consent to the personal and exclusive jurisdiction of the federal and state courts of Los Angeles, California.
(c) If you are in the European Economic Area, the provisions of Section 8 do not affect your rights under the law of the country in which you live, including (where applicable) your right to have a dispute in relation to your use of the Service heard in the courts of that country.
If any provision of the Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.
10. Changes to the documents
Criteria may update these Terms of Service at any time by posting new versions at http://www.ondemandassessment.com/home/terms , but such update will not amend this Agreement. Rather, it will govern your future use of the Service, and you will at that time be required to execute the new Terms of Service to form a new agreement.