Last Revision: May 21, 2018

terms of service


Introduction

This document applies to the websites, applications, services, and solutions owned and operated by FurstPerson (“FurstPerson”, “we”, “us”, or “our”) which are used to deliver our technology and services. FurstPerson provides corporate talent assessment technology and services to our direct customers, and to our distributors and resellers (collectively, “Customers” or “Customer”). These Terms of Use govern and set forth the legally binding terms for your access to and use of these FurstPerson technology and services (collectively, the “Services”) as one or more of the Applicable Parties listed below. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.


Definition of Website Users

As a user of the Service, you may fall into one or more of the Applicable Parties below, and therefore be bound by this agreement.

Visitor: You are visiting the FurstPerson.com corporate web site to learn more about our Services, access a resource document, read a blog, or are curious about what we do and who we are.

Job Candidates: As part of your application and consideration for employment by the Corporate Customer, they have instructed you to submit personal information to us in order for us to provide our contracted services for the Corporate Customer. FurstPerson’s Services include a website for your use in the submission of such information.

Employees and third parties acting on behalf of FurstPerson Customers may also access and use FurstPerson Services. When used in this capacity, these parties are subject to the Terms and Conditions of the Customer Agreement with FurstPerson. If no Customer Agreement exists, these Terms and Conditions will govern you use of the FurstPerson Services. If you need assistance determining your role as it pertains to these Terms of Use, please contact support@furstperson.com.


Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant FurstPerson a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. FurstPerson reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.


Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, FurstPerson, Inc. and/or its licensors own all rights, title and interest in and to the FurstPerson Websites which are the sole property of FurstPerson or its licensors and is protected by U.S. copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, FurstPerson reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, or sell FurstPerson systems, or use it in any other way for public or commercial purpose. You agree to hold the content of FurstPerson systems confidential and not disclose or provide access to it to any third party. This includes copying or adapting the screenshots or the HTML code used to generate web pages on the FurstPerson system. The FurstPerson design logo and certain other names or logos are service marks or trademarks of FurstPerson, and all related product and service names, design marks and slogans are the service marks or trademarks of FurstPerson. In addition, the “look” and “feel” and functionality of FurstPerson (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by FurstPerson’s trademarks, service marks and copyrights and may also constitute trade secrets. All other product and service marks contained on FurstPerson systems are the trademarks of their respective owners.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.


Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and FurstPerson may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.


Use of Services

Your use of Services is subject to separate agreements entered into with FurstPerson such as a license agreement or service agreement that accompanies the Services, ordering documents, exhibits, and other terms and conditions that apply.


Use of Services – Job Candidates

Current employees of the Customer and potential employment candidates of the Customer may take and provide answers to one or more assessments through the Service, as requested by the Customer. You have been referred by the Customer to take a test on the websites. The Customer is responsible for the consideration of the Assessment so produced and is also solely responsible for any hiring or termination decision. By accessing the Site, you agree and acknowledge that FurstPerson is not responsible for any hiring or termination decision made by the Customer or by any other person.

Upon accessing the Site, you may be asked to submit required and optional information to log in and begin using the Service. Once accessing the Service, you will provide information as requested by the Customer in conjunction with your role as a Job Candidate.  For information on how such information will be used, please see the FurstPerson’s Privacy Policy. If you do not want your information used in this manner and shared with the Customer, you must click that you do not accept these terms, and you will not be allowed to use the Service or the Site.

You agree to provide accurate and complete responses. Should it appear that such information is untrue, inaccurate, not current or incomplete, your use of the Service and/or your access to the Site may be suspended or terminated. You grant FurstPerson a non-exclusive, perpetual, royalty-free license to use the responses provided by you in any manner, however, no legally protected personally identifiable information will be disclosed to any person except the Customer (or designated third parties at the request of the Customer).

You agree that FurstPerson shall have no obligation to provide you with a copy of the assessment test(s) taken through the Service or a copy of any report provided to the Customer. Neither the Assessment nor the Service is intended to screen persons on the basis of any legally protected status, such as race, color, religion, sex, national origin, sexual orientation, age or disability.

Information may be provided only when approved by the Customer or FurstPerson. Job candidates are not authorized to take any test more than once unless the Customer has specifically requested that you do so. Title, ownership rights, and all intellectual property rights in and to the Website and the Service, including, without limitation, patents, copyrights, trademarks and trade secrets, shall remain with FurstPerson and/or its licensors. The tests and questionnaires provided through the Service are proprietary to FurstPerson and are protected by the copyright laws of the United States and international


No warranties

This Website is provided “as is,” with all faults, and FurstPerson makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.


Limitation of liability

IN NO EVENT WILL FURSTPERSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY PROVIDED CONTENT.


Indemnification

You agree to indemnify and hold harmless FurstPerson, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you Share, your violation of these Terms or any additional rules, guidelines or terms of use posted for a specific area of the Site or provided Content provided, or your violation or infringement of any third party rights, including intellectual property rights.


Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL PROVIDED CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FURSTPERSON 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 WITH RESPECT TO THE SITE AND ALL PROVIDED CONTENT. FURSTPERSON MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PROVIDED CONTENT WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PROVIDED CONTENT PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

ANY PROVIDED CONTENT YOU ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED IS USED AT YOUR OWN DISCRETION AND RISK.  FURSTPERSON WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

FURSTPERSON RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND PROVIDED CONTENT AT ANY TIME WITHOUT NOTICE.


Employment Disclaimer

FurstPerson is not an employment agency or a recruiting firm and makes no representations or guarantees regarding the effectiveness or timeliness of the FurstPerson in meeting the employment objectives of Users. FurstPerson does not guarantee that use of the FurstPerson by Users will result in Job Candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.


Security, Passwords and Means of Accessing the Site and Content

You agree not to: (a) access or use the Site in any manner that could damage, disable, overburden, or impair any FurstPerson accounts, computer systems or networks (“FurstPerson Systems”); attempt to gain unauthorized access to any parts of the Site or any FurstPerson Systems; (c) interfere or attempt to interfere with the proper working of the Site or any FurstPerson Systems; and (d) use any robot, spider, scraper or other automated means to access the Site or any FurstPerson Systems without FurstPerson’s express written permission. If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your passwords, account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts or as a result of your access to the Site. You agree to notify FurstPerson immediately of any use of your passwords or accounts that you did not authorize or that is not authorized by these Terms.


Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.


Variation of Terms

FurstPerson is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.


Assignment

FurstPerson shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.


Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between FurstPerson and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.


Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Illinois, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Illinois for the resolution of any disputes.

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