On Demand Assessment Terms of Use

For TestTakers of Insight Portfolio Companies

Posted/Revised: 05/31/2018

Terms of Use

Criteria operates an employee and applicant testing platform that allows potential or current employees to take aptitude, personality and skills tests through our website at www.ondemandassessment.com (the "Service").

The Service is operated by Criteria Corp ("Criteria", "we", "our", "us"). Criteria is a company registered in California with is business address at 750 N. San Vicente Boulevard, Suite 1500 E. Tower, West Hollywood, CA 90069.

PLEASE READ THESE TEST-TAKER TERMS OF USE CAREFULLY. BY CLICKING "I AGREE," YOU, THE TESTTAKER, AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO ACCESS OR USE THE SERVICE.

These TestTaker Terms of Use and Acceptable Use Policy linked below constitute a contract by and between you and Criteria (collectively, the "Terms of Use"). The Terms of Use are effective as of the date you click "I AGREE." Your use and Criteria's provision of the Service is governed by these Terms of Use.

You acknowledge and agree that Insight Venture Management LLC (“Insight") may receive personal information you provide in connection with your use of the Service. Insight's collection, use, and sharing of the information you provide in using the Service is governed by Insight’s privacy policy, which you can find at www.insightpartners.com/privacy-policy/. Please be sure to review Insight’s privacy policy before using the Service.

  1. Eligibility and Access to the Service
    1. To access the Service, you must sign in with the EventID or log-in details provided to you by your employer or prospective employer (your "Employer").
    2. You must be eighteen (18) years of age or older and capable in your country of residence of entering into a legally binding agreement to use the Service.
    3. You agree to comply with Criteria's Acceptable Use Policy, currently posted at http://www.ondemandassessment.com/aup.htm (the "AUP").
  2. Your right to use the Service
    1. 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.
    2. You agree that all confidential information, copyright and other intellectual property rights in the Service and our Content belong to us or the people who have licensed those rights to us.
    3. We give you a right to access the Service on the terms of these Terms of Use. 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.
    4. You agree that you have no rights in or to the Service other than the right to use them in accordance with these Terms of Use.
    5. Unless allowed by the Terms of Use or as permitted by the functionality of the Service, you agree:
      1. not to copy, or attempt to copy, any portion of the Service (including the Content), including through screen captures, photographs or printouts;
      2. not to give or sell or otherwise make available any portion of our Service to anybody else, including any test or survey questions, answers, or other content or any other non-public information about the Service;
      3. not to change, or attempt to change, any portion of our Service in any way;
      4. not to look for or access the code of any portion of the Service that we have not expressly published publicly for general use.
    6. You understand and agree that Content and other non-public information about the Service includes Criteria's trade secrets and that unauthorized distribution, disclosure, or other use would (i) reduce or destroy Content's validity, usefulness, and value, (ii) cause Criteria substantial damage and irreparable injury for which monetary relief would not provide adequate compensation, and (iii) subject you to potential legal liability
  3. Your Privacy. You acknowledge and agree the Service is governed by Criteria's privacy policy posted at http://www.ondemandassessment.com/insight/privacy.htm (the "Privacy Policy"). Criteria will only use any personal information you provide in connection with your use of the Service in accordance the terms of the Privacy Policy. By accessing or using the Service, you consent to Criteria's collection, use and storage of your information as outlined in the Privacy Policy.
  4. Your content
    1. You confirm that any images, text or information that you make available or create while using our Service, or upload to our Service ("User Content") will meet the AUP.
    2. 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.
    3. You confirm that you have the right to include any content owned by a third party in your User Content.
    4. Our right to use your User Content does not in any way affect your privacy rights.
  5. Ending our relationship
    1. We may immediately end your use of the Service if you breach these Terms of Use, or any other important rule(s), or terms and conditions we set for accessing and using the Service, including the AUP.
    2. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this.
    3. If at any time you do not feel that you can agree to the Terms of Use or any changes made to the Terms of Use or the Service, you must immediately stop using the Service.
    4. If you or we end your use of the Service or we withdraw the Service as described in this section, we may delete your User Content or any other information we hold about you. You will also lose any rights you have to use the Service or to access any of our Content or your User Content. We will not offer you compensation for any losses.
    5. Nothing in this section 6 affects any of your or our legal rights, or any of the legal rights you may have under the law of the country in which you are resident.
  6. Our liability / responsibility to you
    1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THIS MEANS THAT CRITERIA IS UNABLE TO PROMISE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, WITHOUT DELAYS, ERROR-FREE OR MEET YOUR EXPECTATIONS AND 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, 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.
    2. 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 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.
    3. 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."
    4. 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 if an Employer seeks and/or obtains a background check on you, that is entirely between you and the Employer, and 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 that an Employer may obtain from a consumer reporting agency.
  7. Taking the tests
    1. 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 in writing by the Employer
    2. In the event you have a disability for which you require reasonable accommodations for employment testing under applicable law, it is your responsibility to promptly notify the Employer, individual or other organization that has asked you to use the Service to request such accommodations and 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. In addition, responding to certain tests by simply 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 therefore caution is advised. If you have this concern, please notify the Employer and copy Criteria Corp as specified above before taking any tests.
    3. You understand and agree that regardless of test items or questions, the Test Content is not "Psychological Tests." Tests are not being administered by a mental health professional, in a medical setting, 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 an individual's match or fitness for a particular job based on the knowledge, skills, and abilities required for that job.
  8. Dispute resolution
    1. 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.
    2. These Terms of Use 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.
    3. 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.
  9. Severability
    1. If any provision of the Terms of Use 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
    1. Criteria may revise the Privacy Policy, the AUP, and these Terms of Use at any time, but the most current version will always be at the following link:

      Privacy Policy: http://www.ondemandassessment.com/insight/privacy.htm

      AUP: http://www.ondemandassessment.com/aup.htm

      Terms of Use: http://www.ondemandassessment.com/insight/terms.htm

      Such new versions will not amend contracts in existence between you and Criteria regarding tests or surveys already taken or in progress. But any new tests will be subject to such new terms, and you should check the posted/revised date of these Terms of Use and of the AUP and Privacy Policy before taking any new test or survey.