Welcome to SELECTPro®. Please review the following License
Agreement. You must agree to its terms and conditions before you
may use SELECTPro®.
License Agreement, Terms, and Conditions
1. TERMS OF SERVICE
This agreement is between you and the partnership between Pfaff and
Associates and AZO Technologies, Inc. ("Company"). The Company currently
provides users with access to a web
application available primarily from www.selectpro.net that allows for the
development of selection interview guides that may be used by organizations and
individuals hiring people for employment (the "Service"). You also understand
and agree that the Service may include certain communications from Company,
such as service announcements, administrative messages and a newsletter, and
that these communications are considered part of Service.
This Service is provided to you, subject to the following Terms of Service
("TOS"), which may be updated by Company from time to time without
notice to you. You can review the most current version of the TOS at any time
at: www.SELECTPro.net. In addition, when using the Service, you shall be
subject to any posted guidelines or rules applicable to such services that may be
posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. Company also may offer other services from time to
time that are governed by different Terms of Services.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new Company properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that Company assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user data.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees. In addition, you must provide and
are responsible for all equipment necessary to access the Service.
Interview Guides, the Interview Handbook, skill areas, interview questions,
articles, or any other written or graphical material contained on or downloaded
from SELECTPro.net are the sole property of the Company and as such are protected
by all copyright laws.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Company has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Company has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof).
3. COMPANY PRIVACY POLICY
Registration Data and certain other information about you are subject to our
Privacy Policy. For more information, see our full privacy policy at
www.selectpro.net.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify
Company of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end of each
session. Company cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
5. PROPER USE OF PRODUCTS
You agree to use Company products within the scope and manner consistent
with their intended use. Your use of Company interview guides for human
resource and pre-employment screening implies that you have full and current
knowledge of the Equal Employment Opportunity Commission (EEOC) Uniform
Guidelines on Employee Selection Procedures and employment law.
THIS SERVICE IS NOT MEANT TO BE A LEGAL GUIDE TO THE SELECTION PROCESS NOR
LEGAL ADVICE ON ANY SPECIFIC SITUATION.
YOU MUST BE FAMILIAR WITH THE LAWS OF YOUR JURISDICTION AND YOU ARE
ENCOURAGED TO SEEK THE ADVICE OF YOUR ATTORNEY ABOUT THE VARIOUS LIMITATIONS OF
YOUR SELECTION PROCESS.
Employers of all sizes are subject to state and federal labor and civil
rights laws that govern or impact the selection and hiring process. You should
be familiar with these laws in advance of the selection of employees.
6. PROTECTION OF PRODUCTS
SELECTPro.net is owned by the Company and is fully protected by United States
Copyright Law and under International Law through treaties engaged in by the
United States. Violators of these sanctions are subject to civil and criminal
penalties granted by these statutes.
Interview Guides, the Interview Handbook, skill areas, interview questions,
articles, or any other written or graphical material contained on or downloaded
from SELECTPro.net are the sole property of the Company and as such are protected
by all copyright laws. Any documents created with SELECTPro.net are subject to
the same copyright protection and may only be used under proper license.
Any documents created on SELECTPro.net or downloaded from the site may not be
sold, altered or inappropriately distributed in any format without written
agreement or license from the Company. Purchase of a membership or pay-per-print
on SELECTPro.net does not constitute a license agreement for reproduction.
The Company retains the right to aggressively pursue and protect through third
party monitoring services its rights under said Copyright Law.
The Company’s interview
guides and delivery mechanisms are the proprietary property of Company and
title to the products and all intellectual property rights protecting the
products remains with Company. You agree to take diligent and reasonable steps
to keep the products and processes confidential and free from unauthorized
access or use, and not to divulge, provide, or make the products available to a
third person. Further, you may not assign, convey, sublicense, or otherwise
transfer this agreement or any right, license, or privilege to the products to
another party.
You agree not to copy,
duplicate, download, or otherwise disseminate Company products without the
explicit written permission of Company. You further agree not to modify or alter
the physical or electronic characteristics of Company interview guides, or any
aspect of the Company electronic environment, and to not be party to any
attempt to dismantle, reverse engineer, or electronically intrude into Company
proprietary systems.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. INDEMNITY
You agree to indemnify
and hold Company harmless against claims, liabilities, demands, damages, costs,
or expenses, including attorney’s fees and expenses, arising from or in
connection with your use of Company products and/or your failure to perform the
other terms of this agreement.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service including but not limited to the creation of interview guides
and their use by non-subscribing third parties.
10. PAYMENT TERMS
If you pay by credit card, the credit card that you provide as part of your
Registration Data will automatically and immediately be charged. Payment occurs
on a pre-pay basis and payment will be automatically renewed at the end of the
term. All currency references are in U.S. dollars.
The length of each of your renewable terms depends on the subscription plan
you choose. If you choose the monthly
plan, you will have access through the end of the day on the day before your
monthly anniversary date. As long as
you have not canceled your Service, you will automatically be charged on each
of your monthly anniversary dates for the following month. If you choose the
three-month plan, you will
have access through the end of the day on the day before your third monthly
anniversary date. As long as you have
not canceled your Service, you will automatically be charged on every third
monthly anniversary date for either the following three-month period or the
next 90 days, whichever is shorter.
11. REFUNDS
If you are not satisfied with the Service for any reason you may receive a
full refund of your purchase price for the current membership term only.
Requests for refund must be made
electronically to service@selectpro.net or in writing and received during the
membership term in question. Refunds
are not available on volume discount purchases or site licenses.
12. PROMOTIONAL CODES
You are only allowed to use promotional codes (or "promo codes" or "discount
codes") that are legitimately known to you.
Legitimate promotional codes fall into one of the following categories:
1) promotional codes intended for use by the general public, 2) promotional
codes intended for use by a group that you are associated with, or 3)
promotional codes intended for you specifically.
13. MODIFICATIONS TO SERVICE
Company reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Company shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
14. TERMINATION
You agree that Company may, under certain circumstances and without prior
notice, immediately terminate your Company account, and access to the
Service. Cause for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical
issues or problems. Termination of your account includes (a) removal of access
to all offerings within the Service (b) deletion of your password and all
related information, files and content associated with or inside your account
(or any part thereof), and (c) barring further use of the Service. Further, you
agree that all terminations for cause shall be made in Company’s sole
discretion and that Company shall not be liable to you or any third-party for
any termination of your account or access to the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Company has no control over such sites and
resources, you acknowledge and agree that Company is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
16. COMPANY'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Company or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
Company
grants you a personal, non-transferable and non-exclusive right and license to
use the Service and Software; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the
interface that is provided by Company for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM COMPANY OR ONE OF IT’S AGENTS OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIABILITY OF
COMPANY FOR LOSS OR DAMAGE RELATING TO THIS AGREEMENT OR YOUR USE OR
INABILITY TO USE COMPANY PRODUCTS SHALL BE LIMITED TO THE REPLACEMENT OR
REPAIR OF THIS PRODUCT. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY
CLAIM MADE AGAINST YOU BY ANY PARTY OR FOR ANY CLAIM MADE BY YOU FOR LOST
BUSINESS OR PROFITS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
SELECTPro, SELECTPro.net, the SELECTPro.net logo, trademarks and service
marks, and other SELECTPro.net logos and product and service names are
trademarks of Company ("Marks"). Without Company's prior permission, you agree
not to display or use in any manner, the Company Marks.
22. COPYRIGHTS
Company warrants that neither the products nor
the Company proprietary system in their standardized form, nor their normal
professional use will infringe upon any United States patent, copyrights, or
trademarks existing at the time of the product delivery. You agree to promptly
inform Company of any such potential infringement claim, including any arising
outside of the U.S. Company makes no other warranties with respect to products.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Company and govern
your use of the Service, superceding any prior agreements between you and
Company. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Company shall be
governed by the laws of the State of Michigan without regard to its conflict of
law provisions. You and Company agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Kalamazoo, Michigan.
The failure of Company to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
|