It should be understood that "Internet testing" is world-wide, and because of its universal range, it 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. This is why registering a "new account", "logging onto your account" and clicking on the "signature confirmed" button legally binds the registrant or evaluator to the "Terms and Conditions of Use."
AGREEMENT & LICENSING
With this agreement, test users agree to administer tests in an ethical manner consistent with agency procedures, state guidelines, or professional standards. Behavior Data Systems reserves the right to refuse purchase or withhold distribution of tests when an incident or questionable test administration is brought to our attention.
TERMS & CONDITIONS OF USE
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 500 tests annually) provider groups, clinics, and agencies. To obtain a volume discount contact Professional Online Testing Solutions, Inc. at email@example.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.
Term 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 Condition 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: firstname.lastname@example.org.
Unauthorized use of any Professional Online Testing Solutions, Inc. online tests, whether in hard copy (paper-pencil) or on the computer monitor to coach or assist clients/offenders to "fake good" is strictly prohibited. All tests are copyrighted and copyrights will be enforced.
All Professional Online Testing Solutions, Inc. tests are contracted from Behavior Data Systems, Ltd.
Copyright © 2005. Behavior Data Systems, LTD. All Rights Reserved.
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