PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Welcome to TestUP.com (the website). These terms and conditions of use may be changed or amended at any time without further notice. Your continued use of this website after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have withTestUP.com for products, services or otherwise. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

Copyright

ALL CONTENT IN THIS SITE INCLUDING, BUT NOT LIMITED TO, VIDEO, AUDIO, GRAPHICS, TEXT, IMAGES, AND DESIGN ARE THE PROPERTY OF AQILITY, INC., OR HAVE BEEN LICENSED TO AQILITY, INC., AND ARE PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. MARK Copyright (c)

2015 Aqility, Inc. ALL RIGHTS RESERVED.

Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Aqility or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this website for personal or commercial use; provided that you may not, without the permission of Aqility or the respective copyright owner,

i. copy, publish or post any materials on any computer network or broadcast or publications media,

ii. modify the materials, or

iii. remove or alter any copyright or other proprietary notices contained in the materials.

Trademarks

TestUP, the TestUP logo and the products and services described in this website, including without limitation TestUP.com are either trademarks or registered trademarks of Aqility, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Aqility. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of TestUP, may not be copied, imitated or used, in whole or in part, without the prior written permission of Aqility. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. You may not copy or adapt any code that TestUP creates to generate its pages.

Use of Material

The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of Aqility and protected by U.S. copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

Website Users

TestUP reserves the right to prevent, cancel or suspend any individual's, employer's, recruitment professional's, or other's access to the TestUP website. This may be on account of a violation of these Terms and Conditions or for any other reason at TestUP's sole discretion.

TestUP's right to prevent, cancel or suspend access to the website may be exercised without notice to the individual, employer, recruitment professional, or other so affected. You may not sell or modify the Material, reproduce or distribute such material, nor otherwise reproduce, display, publicly perform, distribute, or otherwise use the Material outside of the subscription terms.

TestUP reserves the right to amend, change or modify its pricing schedule or any other terms associated with the Service and Content at any time without notice.

User Submissions / Subscription Plan Billing Terms

You are responsible for maintaining the confidentiality of your user information, password, and test content that you create, if any. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify TestUP of any unauthorized use of your registration or password.
Standard TestUp.com service plans are based upon a term (i.e. monthly, annually) subscription service that will automatically renew and charge the credit card of record for your account. The day of the month your service is activated will be the start date of each term. Billing occurs at the beginning of each term.
Each service plan is billed according to a defined limit on the number of credits that can be used in any given month, known as the credits “full tests” for that plan. Unused credits from the prior month will carry over to the next.
You can upgrade, downgrade or cancel your service plan at anytime during the month by contacting our support department at [email protected]

Website Usage

This website is the property of TestUP and Aqility, Inc. By using the website, you agree to abide by the Terms and Conditions herein and all other Terms and Agreements as are posted on TestUP.com. Failure to abide by these Terms and Conditions, including the impermissible use of the text, graphics, images, resumes, job postings and other materials (collectively, Materials) contained on the website, is a violation of this agreement and may also be a violation of copyright, trademark, or other laws in the United States and foreign countries.

Aqility, Inc. expressly prohibits users of this website from reproducing, displaying, distributing or otherwise using any Material obtained from this website on any other website, electronic bulletin board, or other publicly accessible site (regardless of whether access to such site is by registration, subscription, membership or fee) on the Internet or other network.

Users may not use the website in order to transmit, distribute, store or destroy material

i. in violation of any applicable law or regulation,

ii. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or

iii. that is defamatory, obscene, threatening, abusive or hateful.

The website may be used only for lawful purposes ONLY by individuals and businesses. TestUP specifically prohibits any use of the website, and all users agree not to use the website, for any of the following:

i. taking any action which imposes an unreasonable or disproportionately large load on this website's infrastructure;

ii. if you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

iii. using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Aqility or TestUP.com and other than generally available third party web browsers;

iv. attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.

Website Security Rules

Users are prohibited from violating or attempting to violate the security of the website, including, without limitation,

i. accessing data not intended for such user or logging into a server or account which the user is not authorized to access,

ii. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

iii. attempting to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, flooding, mailbombing or crashing, or

iv. sending unsolicited e-mail, including promotions and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. TestUP will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

The Company's Liability

THE TESTUP.COM WEBSITE ACTS AS A VENUE FOR EMPLOYERS, EMPLOYEES AND RECRUITERS TO ASSESS CANDIDATES FOR SKILL FIT WITH THEIR ORGANIZATION. TESTUP IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN EMPLOYERS AND CANDIDATES. AS A RESULT, THE COMPANY HAS NO CONTROL OVER THE QUALITY, SAFETY, VALIDITY OR LEGALITY OF USERS' HIRING PROCESSES, THE TRUTH OR ACCURACY OF THE RESPONSES, THE ABILITY OF EMPLOYERS TO OFFER JOB OPPORTUNITIES TO CANDIDATES, OR THE ABILITY OF CANDIDATES TO FILL JOB OPENINGS. IN ADDITION, NOTE THAT THERE ARE RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, OF DEALING WITH STRANGERS, FOREIGN NATIONALS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE WEBSITE.

The Material may contain inaccuracies or typographical errors. TestUP makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the website. Employers and Contributors are solely responsible for the content they create for use in the website. TestUP is not to be considered to be an employer with respect to your use of the website and shall not be responsible for any employment decisions, for whatever reason made, made by any entity positing jobs on the website.

TESTUP DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

The website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Aqility/TestUP of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the website.

Limitation of Liability

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.

Termination

TestUP reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your tests from this website and immediate termination of your registration with or ability to access the website and/or any other service provided to you by TestUP, upon any breach by you of these Terms and Conditions or if TestUP is unable to verify or authenticate any information you submit to the website.

Indemnity

You agree to defend, indemnify, and hold harmless TestUP, Aqility, Inc., its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General

TestUP makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

TestUP may use the information it obtains relating to you for its internal business and marketing purposes.

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular Legal Notice, or Software License or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of the website. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.

© 2015, TestUP.com / Aqility, Inc. All rights reserved.