ProFluent+ Website Terms and Conditions
Welcome to the ProFluent+ website, owned and operated by ProFluent+ for use with its various testing services and products (“the ProFluent+ Testing Program”). The ProFluent+ Testing Program terms and conditions form the agreement (the “Agreement”) between you (“You”) and ProFluent+, consistent with the Test Taker Form or applicable online Registration Form to which you agreed online when you registered for a testing session, or that you signed when you registered or took a test in person. This Agreement includes any use you make of the ProFluent+ website. PLEASE READ THESE TERMS CAREFULLY AS YOUR USE OF THE ProFluent+ TESTING PROGRAM AND ITS ASSOCIATED WEBSITE CONSITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS THEY MAY BE AMENDED FROM TIME TO TIME.
1. Agreement to Terms.
YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ProFluent+ TESTING PROGRAM OR ITS ASSOCIATED WEBSITE. If you do not agree to these terms and conditions, you shall not be allowed to register for, or take, a test. Registration for a ProFluent+ testing session or use of the ProFluent+ website signifies your agreement to the terms and conditions of use set forth below.
2. Modification of Agreement.
ProFluent+ reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on www.profluentplus.com. Use of the ProFluent+ website or participation in any ProFluent+ testing session after such notice will be considered your agreement to be bound by any such changes. Please check back frequently for program updates or Rule changes.
3. Copyright Protection and Use of Company Information.
The LTI Testing Program is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. The ProFluent+ Testing Program also is protected by US trade secret laws. Company names, logos and trademarks may not be used by you in any manner without the prior written consent of Company. You should assume, unless specifically noted, that everything you see on the ProFluent+ website, and any files or programming related to the website and the ProFluent+ Testing Program, are protected by such rights owned exclusively by ProFluent+. You may not recopy, distribute, publicly display, modify, transmit, reuse, repost, or use for public or commercial purposes, any of the contents of the website without the express written permission of ProFluent+, obtained in advance of such use. Permission requests should be sent to: email@example.com.
4. Company’s Rights in ProFluent+ Testing Program.
ProFluent+ has adopted a Test Taker Form, or other similar online registration form (“Test Taker Form”) for use by each testing candidate as part of the ProFluent+ Testing Program. Among other components, this Form expressly gives ProFluent+ specific rights related ProFluent+’s retention of recordings of test takers as well as the ability to control how each Test Taker’s testing, evaluations, and ratings are handled, including under ProFluent+’s Policy Concerning Cancellation of Ratings. Consistent with the Form, ProFluent+ shall have the right to: (1) use its interview recording to respond to any questions any Test Taker may have about his/her rating, or as part of any challenge made to such rating; and (2) require each Test Taker to take a retest at ProFluent+’s expense if, after a reasonable opportunity for the tester to provide supplementary information to ProFluent+ and a reasonable investigation by ProFluent+, it determines that sufficient factors exist that call into question the accuracy of any rating. Further, the Form gives ProFluent+ the right to use its test taker interview recording to conduct research on future modifications to the assessments or for academic study, so long as that in any such research or academic situation, no Customer Confidential Information is disclosed to anyone outside of ProFluent+ who has not been designated by the Test Takers.
5. Test Taker’s Rights.
6. Conditions of Registration.
You are required to read and accept the Test Taker Agreement Form in order to register to take any of the ProFluent+ tests. As set forth above, the Form sets forth both your rights as a test taker and the rights and obligations of ProFluent+ as the testing company.
7. Customer Name and Address Notification.
Each customer shall be responsible for advising ProFluent+ of any change of name, email, telephone number or postal address following initial registration for a testing session.
8. Your Use of the ProFluent+ Website.
Your access to and use of the ProFluent+ website are at your risk. Under no circumstances, including but not limited to negligence, shall ProFluent+, its officers, directors, owners, employees, agents, and any other party involved in creating, producing, or delivering the website and any content on the website be liable for any damages whatsoever (including, without limitation, any direct, incidental, consequential, indirect, or punitive damages) arising out of or related to your access to, use of, inability to access or use the website for any reason (e.g., failure of performance or operation, any interruption of service, computer virus), any unauthorized use or access to your account, or any damages to your equipment, programs, files or other property, even if ProFluent+ has been advised of the possibility of such damages.
Occasionally, ProFluent+ may provide an external link from its Homepage to a third-party affiliated with the ProFluent+ Testing Program. ProFluent+ is not responsible for the contents of any on-site or off-site pages referenced through such links, nor is ProFluent+ liable for any defamatory, offensive, or illegal conduct that may occur from or through such third-party link. Links to other websites do not necessarily constitute an endorsement of that site by ProFluent+.
9. Indemnification for Your Breach of Agreement.
You hereby agree to indemnify, defend and hold ProFluent+, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”), harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim.
10. Choice of Law.
Construction of this Agreement is governed by the laws of the State of New York. The laws and regulations of the State of New York shall apply to all uses of the ProFluent+ Testing Program and the data found or contained on the associated website. Your use of the Program and the website means you must conform to all such laws and regulations.