Terms of Use

EmploymentSkillsOnlineTest.com and TestSkills.net (collectively knows as ‘Websites’) are owned, managed, and operated by Online Employment Test, LLC (hereinafter, referred to as ‘We’ or ‘Company’ or ‘Us’). Your use of these Websites or any feature(s) thereof shall be governed by the Terms of Use Agreement (hereinafter, referred to as ‘Agreement’) set forth in the following paragraphs, provisions, clauses, and sub-clauses. If this Agreement or any part thereof is not acceptable, it is strongly advised to cease any further usage of these Websites with immediate effect.
This Agreement constitutes a legal document creating and defining general and specific rights, duties, and liabilities of the respective parties. The terms “You”, “User”, and “Visitor”, as used herein, refer to all individuals and/or entities accessing these Websites for any reason whatsoever.
We reserve the right to change, modify, or edit this Agreement at any time without any notice, express or otherwise, to anyone. All such changes or modifications shall come into force as and when they are published on this page. Therefore, we strongly advise all the users to periodically check this page to keep themselves updated about the changes.
If you have any questions or doubts regarding any part of this Agreement, please free to contact us with your queries.

Proprietary and Intellectual Property Ownership

These Websites are the exclusive property of Online Employment Test, LLC.
Except the user submissions, all content on these Websites, including text, software, scripts, graphics, photos, sounds, music and other interfaces and the selection and arrangements thereof, are copyright to the Company.
No part of these Websites is meant to be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, without the prior written consent of the Company. Express permission is hereby, granted to display, copy, distribute and download the materials on these Websites exclusively for personal, noncommercial and informational use.
All the logos, page headers, custom graphics, button icons, scripts, and other trademarks, and service marks contained on these Websites are owned by, or licensed to, the Company; and may not be used, in whole or in part, without prior written consent of the Company.
The users agree not to tamper with, circumvent, disable or otherwise interfere with the security features encoded and embedded within the code of these Websites.

Fees

The registered members agree to pay the applicable service fee in order to purchase the products and/or services available for sale on or through these Websites. Such fee and acceptable mode of payment shall be notified at the time of making purchases. The buyers of products and/or services shall be liable to pay all taxes, duties, or levies on all such purchases.

General Prohibitory Terms

All the users are expressly prohibited from following activities:

  1. Submission of inaccurate registration data; or incomplete or misleading or fraudulent information through any feature offered on these Websites.
  2. Using and/or accessing Websites for any unlawful purpose, including, but not limited to, soliciting or disseminating material that (a) is sexual in content; (b) amounts to child pornography; (c) is violent in nature; (d) spreads hatred; (e) is profane; (f) is defamatory; (g) involves introduction of harmful computer contaminants, like worms, viruses, etc., malware, etc.; or (h) amounts to hacking, or committing fraud.
  3. Unless additionally paid for and/or duly authorized by the Company, the users of these Websites are not permitted to have multiple accounts and multiple access points.
  4. Accessing, or attempt to access, data not intended for such user, or logging into a server or account which the user is not authorized to access.
  5. Forging, or attempt to forge, any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  6. Reselling to, or sharing any account information (user login and passwords), with an unauthorized person on or through whatever medium.
  7. Using any software or program to access these Websites resulting in hiding the Internet Protocol (IP) Address and other relevant details of the user (such as using a proxy server).
  8. Posting any content on these Websites, or using any information from the Websites in a manner, which amounts to spamming or unsolicited commercial mailing or telephone calling.
  9. Any attempt to decompile, disassemble or reverse engineer any part or segment of the Websites.
  10. Posting or transmitting any content that does not comply with the applicable law, including, but not limited to, United States Federal, State and Local laws.
  11. Using the Websites for any kind of illegal commercial research or information gathering purposes.
  12. Removing or tampering with any copyright, trademark, or other proprietary rights notices contained on the Websites.
  13. Posting content pertaining to Multi Level Marketing (MLM) schemes, franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other similar business opportunities.

The Company reserves the right to monitor the Websites and their content at any time, and to disclose it to any third party in order to operate the Websites properly and efficiently, in order to protect itself, its sponsors, its registered users and visitors, and to comply with other legal obligations and governmental requests.

Further, the Company reserves the right to remove the tests, or suspend and/or cancel the membership, if found, by the Company in its sole discretion, in violation of any of the provisions of this Agreement, without any notice to anyone. Further, the Company reserves the right to take civil and/or criminal action against any user found in violation of this Agreement.

License

By posting any content or tests to any area of these Websites, including but not limited to ‘Design Your Own Test’ feature, you, hereby, grant to the Company a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through these Websites.

We reserve the right to use this license in order to display your logo, trademarks and company name on the Websites and in press and other public releases or filings.

Further, by submitting any content to any area of these Websites, you acknowledge that you have the authority to grant such license to the Company.

In the event of purchase of any product from these Websites, the buyer shall have a limited license to use the product at a single office in a particular location. The breach of this sub-clause may result in termination and/or cancellation of services associated with the product. This limited license, however, can be extended to cover multiple offices and locations, upon the payment of additional fee, to be decided by the Company in its sole discretion.

Registration

The users shall be solely responsible for maintaining secrecy and confidentiality of their account on these Websites. If you suspect that your username and/or password are compromised, you agree to immediately notify the Company about the same. The Company shall not be liable for any liability arising out of use by the third party of your account due to your own negligence or collusion.

The Company reserves the right to refuse the use of a username that is illegal in any manner whatsoever, including but not limited to, the username that is violative of trademark or other proprietary rights laws, constituting defamation or obscenity, being confusing, etc.

Purchases Made From The Websites

From time to time, the Company may offer different products and/or services for online purchase/license through its Websites. However, the process of purchasing/licensing involves disclosure of certain personal information by the purchasers/licensers, including but not limited to credit card details, name, address, phone number, etc. The use of such personally identifiable information is subject to the provisions contained in our Privacy Policy.

The users licensing or making such purchases agree to provide complete, accurate and current information as requested in the Purchase/Order Form.

Further, the purchasers/licensers agree to pay all charges incurred on account of use of the credit card, as well as any chargeable taxes on such purchases/licenses.

General Disclaimers

  1. These Websites are provided on an “AS IS” and “AS AVAILABLE” basis. The Company makes no representations or warranties of any kind, express or implied, regarding the use of, or the results achieved on or through, these Websites in terms of heir correctness, accuracy, reliability, or otherwise, to the fullest extent permissible by the applicable law.
  2. These Websites are accessible worldwide but governed by the applicable laws as prevalent in the State of Florida, United States of America. The users access these Websites in other parts of the world of their own consent and risks as regards the compliance with their local and national laws. The Company expressly disclaims any liability incurred by the users on account of the use, or access, of some part, or whole, of these Websites in any part of the world.
  3. The Company disclaims any warranties of any kind, either express or implied, including, without limitation, about any services, materials, contents, advertisements, promotions and links provided on these Websites, including any advertisements supplied by the respective advertisers and their truthfulness, accuracy, reliability, non-infringement of copyrights & trademarks, or otherwise. Further, the users expressly agree to keep the Company immune from any kind of action, legal or otherwise, in case they suffer any damage, monetary or otherwise, due to their reliance on the quality and performance of these Websites, and the accuracy or completeness of the website content.
  4. The Company does not make any representation or act on behalf of either job seekers or employers. Therefore, we disclaim any liability for verification of accuracy or correctness of the information posted by job seekers and/or employers on these Websites. The users are advised to use their own means to verify the information posted on these Websites.
  5. The Company tries its best maintain and update these Websites periodically. However, there may be circumstances beyond our control that may result in disruption of uninterrupted broadcast of these Websites in any, some, or all parts of the world at any time. These instances include, but not limited to, server problems, network outages, accidents, natural disasters, etc. The Company disclaims any loss of revenue, actual or anticipated, suffered by a user due to such unavoidable and unintentional interruption of broadcast of these Websites.
  6. The Company reserves the right to temporarily suspend the normal working of these Websites for maintenance and upgradation purposes. The Company disclaims any loss of revenue, actual or anticipated, suffered by any user due to such suspension of broadcast of these Websites.
  7. The Company is not an employer, advisor, endorser, or counselor for any of the postings and/or tests on these Websites. Therefore, the Company disclaims any liability – monetary or otherwise – accrued to either the job seekers or employers due to their interactions or dealings with each other. Further, the Company does not guarantee that the use of these Websites, or the content herein, or any websites linked from these Websites, will meet the users’ expectations or requirements. The Company disclaims any liability on account of damage incurred by the users on account of such expectations or requirements.
  8. These Websites are provided free of viruses, worms, or similar harmful computer contaminants. However, the chances of unauthorized access into the Websites and similar illegal activities, like hacking, can never be ruled out. The Company disclaims any liability incurred by the users on account of damage to their computer systems by the use of these Websites at any time.
  9. The Company disclaims any liability arising out of any direct, indirect, incidental, special or consequential damages arising out of the use of, or inability to use, these Websites, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Company has been advised of the possibility of such damages.

Third Party Links

These Websites may include links to other websites owned, managed, and operated by third parties. The Company neither owns nor endorses any of these third party websites. The Company disclaims the availability or non-availability of, or the content located on or through, any third-party website. The users acknowledge that their dealings with all such linked websites shall be at their own sole risk.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE PRODUCTS OFFERED FOR SALE OR SERVICES RENDERED BY THESE WEBSITES.

Indemnity

The users agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you submit, post, transmit or make available through these Websites, your use or connection of these Websites, your violation of this Agreement, your violation of legal rights of another, or any other loss suffered by the Company because of your direct or indirect conduct.

Copyright Notice – DMCA

If you believe that your copyrights are being infringed on these Websites in a way that constitutes copyright infringement, you are free to contact us. We will require following information, consistent with the Digital Millennium Copyright Act (DMCA), to redress the complaint effectively and timely –

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description where the material that you claim is infringing is located on these Websites;
  4. your address, telephone number, and email address;
  5. a written statement to the effect that you are acting on good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law;
  6. a statement to the effect made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Our Copyright Agent for notice of claims of copyright infringement can be reached at:

Copyright Agent,

Online Employment Test, LLC,

POB 17777

Clearwater, Fl. 33762

Attn: Copyright Agent

Email: copyrightagent@EmploymentSkillsOnlineTest.com.

We suggest you to consult your legal advisor before filing a notice or counter-notice under DMCA, as there are penalties for false claims under DMCA.

Severance

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held unlawful, void or unenforceable by any competent court of law, that provision is deemed severable from this Agreement, and does not affect the validity and enforceability of the remaining provisions.

No Waiver

The Company’s failure to enforce any right or to act with respect to any breach by a user of any clause or clauses of this Agreement shall not be construed as waiver of that right nor waives the Company’s right to act with respect to subsequent or similar breaches.

Jurisdiction

Any dispute arising out of the violation of any provision of this Agreement and/or our Privacy Policy shall be subject to the jurisdiction of the laws and courts of Florida, United States of America, without regard to conflict of law provisions.

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