PLEASE READ THESE TEST-TAKER TERMS OF SERVICE CAREFULLY. BY CLICKING "I AGREE," YOU, THE TESTTAKER, AGREE TO THESE TERMS AND CONDITIONS.
1. In your use of the Service, you shall not: (a) aid or allow anyone to take any tests or surveys for You or through your account; or (b) 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 or potential employer that provided your event ID or log-in instructions (the "Employer").
2. You represent and warrant that you are eighteen (18) years of age or older. You agree to comply with Criteria's Acceptable Use Policy, currently posted at http://www.ondemandassessment.com/aup.htm (the "AUP"). Furthermore, you represent and warrant that you are not, and do not plan to become, a competitor to Provider as that would be a violation of the AUP.
4. Confidential Information shall include certain information disclosed by Criteria to you, including but not limited to test and survey questions. In addition, certain information disclosed by you through the Service, your resume and job application, is confidential and may only be used by the employer on whose behalf you have provided such information. You agree that you will not: (a) disclose to any third party any test or survey questions, answers, or other content (collectively, "Test Content") or any other non-public information about the Service; (b) copy or retain Test Content or other non-public information about the Service, including without limitation through screen captures, photographs, or printouts.
5. You understand and agree that Test Content and other non-public information about the Service is protected by copyright and other laws and includes Criteria's trade secrets, and that unauthorized distribution, disclosure, or other use would (without limitation) (a) violate copyright, trade secret, and other laws, in addition to breaching this ToU, (b) reduce or destroy Test Content's validity, usefulness, and value, (c) cause Criteria substantial damage and irreparable injury for which monetary relief would not provide adequate compensation, and (d) subject you to potential legal liability.
6. THE SERVICE IS PROVIDED "AS IS" AND AS AVAILABLE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRITERIA, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM 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.
7. NEITHER CRITERIA NOR ITS SUPPLIERS IS RESPONSIBLE OR LIABLE FOR ANY OF THE FOLLOWING ARISING OUT OF OR RELATED TO THIS ToU OR YOUR USE OF THE SERVICE: (a) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR (b) DAMAGES OF ANY KIND IN EXCESS OF $1,000. 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, Criteria's liability will be limited to the maximum extent permissible.
8. 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"). The Employer acknowledges and agrees that test scores should be only one element of a comprehensive applicant evaluation process. You recognize and agree 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.
9. (a) Criteria shall maintain reasonable administrative, physical, and technical safeguards designed to protect any Personally Identifiable Information (PII) provided to the Service by you. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of PII by Criterias personnel. Before sharing PII with any of Criteria's third-party service providers, Criteria shall ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of PII and preventing unauthorized access. In the event Criteria has a reasonable, good faith belief that an unauthorized party has accessed PII, Criteria will use reasonable efforts to conduct a thorough investigation of the incident. If such incident triggers any third-party notice requirements, the employer (or possibly Criteria) will notify you and comply with applicable laws. Employer (not Criteria) bears sole responsibility for adequate security, protection and backup of Candidate Data when in Employers or its representatives or agents possession or control. Criteria is not responsible, and Employer is fully responsible, for what Employer does with your Candidate Data. (b) Without prejudice to the generality of the foregoing, if Employer is established in the European Economic Area, or any of the Candidate Data contains the personal data of individuals in the European Economic Area, to the extent that Criteria acts as a processor in respect of that Candidate Data, Criteria will process any such personal data in accordance with the Data Protection Addendum http://www.ondemandassessment.com/ODAdpa.htm, which will be supplemental to the Agreement. For the purposes of this Section, the terms "processor", "process" and "personal data" have the meanings given to them in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
10. 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.
11. You understand and agree that regardless of test items or questions, the Test Content are not "Psychological Tests." They 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.
12. the extent permitted under the applicable law, you and Criteria agree that each may bring claims against the other only in your or Criterias 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 persons claims or otherwise preside over any form of a representative or class action proceeding.
13. This Agreement 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. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Los Angeles, California.