Introduction (Acceptance of Terms)

Welcome to Eval2hire. Eval2hire provides its services to you subject to the following conditions. If you spend time on this web site, you must accept these conditions so please read them carefully. In addition, when you use any current or future Eval2hire service, you also will be subject to the guidelines and conditions applicable to such service or business. Eval2hire strictly follows the policy described below, which defines the terms and conditions when accessing this web site, and assumes your adherence to these provisions. Visiting the Eval2hire web site, or using any of our services, constitutes your acceptance of this policy.

Eval2hire provides its services to you subject to these conditions. Carefully review the items posted here. By using this site, you agree to access this web site only as permitted by applicable law and these Terms and Conditions, and additional policies or procedures published on the site from time to time. Customers agree to review these Terms and Conditions from time to time for changes and updates.

Privacy Policy

You should review the other Eval2hire policies to better comprehend our practices and how we govern your visit to our web site. Registration data and certain other information about you are subject to our privacy policy. For more information, see our entire privacy policy at: http://www.Eval2hire.com. We reserve the right to make any changes to our web site, pricing, or policies at any time in our sole and absolute discretion. Shall any of these conditions be deemed invalid or for any reason unenforceable, the respective condition shall be removed and will not affect the validity and enforceability of any remaining conditions.

Your Account (User Conduct)

To have the ability to access our web site and services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.

Eval2hire provides access to many aspects of the web site at no cost to the user. In consideration of your use of Eval2hire, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, or not current, or if Eval2hire has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, Eval2hire has the right to disable or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

Once you complete the registration process with Eval2hire, you will receive a unique logon ID and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of the logon ID and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify Eval2hire of any unauthorized use of your account or any other breach of security.

You understand that all information, such as career information, personal data, text, sound, photographs, graphics, or other materials within your account, whether publicly posted or privately held within your account, is your sole responsibility, as you are the person from which this information was generated. This means that you, and not Eval2hire, are entirely responsible for all content that you post, e-mail, transmit or otherwise make available via your account.

You are on your honor to uphold the standards of truth when taking the certification tests on our web site. Cheating is not permitted and will not be accepted. In addition, the practice of copying and sharing certification test questions will not be tolerated. This is in violation of copyright laws and is grounds for termination of your account, prevention of further access to the Eval2hire web site, and possible legal action could be brought against you.

Service and Product Availability

Eval2hire attempts to be as accurate as possible at all times, when disclosing pricing and availability of store items on the web site. However, we do not warrant that the pricing and service content on this web site is always complete, current, reliable, or error free. There is a limited stock inventory of physical items available of store items at any given time. As a result, physical products may not be available for immediate delivery when requested. Also, Eval2hire reserves the right to change our prices at anytime, without notice to the customer, although in most cases, we will attempt to make you aware of these change in advance.

Modifications to Service

Eval2hire reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Eval2hire shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Copyright and Trademarks

All trade names or marked brands and logos found on any part of the Site are the property of their respective owners. All other company and product names are used for identification purposes only and may be trademarks of their respective owners.

The content included on this web site, including, but not limited to the Eval2hire Skills Tests, Practice Tests, text, graphics, site logo, icons, images is the exclusive property of Eval2hire and other respective owners . Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the Eval2hire web site without the express permission of the organization.

The Tests and their content are the intellectual property of Eval2hire. Any reproduction or redistribution of this information without the expressed written consent of Eval2hire is strictly prohibited. Eval2hire shall be the sole and exclusive owner of all test questions, test question items, certifications, assessments or other test products that are offered to the general public or through exclusive contracts or agreements. Eval2hire shall be the sole and exclusive owner of all results from test questions, test question items, or certifications, assessments or test products offered to the general public. The Tests developed by Eval2hire utilize a proprietary test engine. At this time, the testing development process is patent pending.

By use of this site, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Communications and Content

As a part of the service Eval2hire provides to our registered users, we communicate via e-mail, direct mail, and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. However, even though users may request removal from the distribution of certain e-mails, we have the right to send messages from time to time as deemed necessary.

Registered users may post reviews, comments, suggestions, ideas, questions, or other information to the Discussion Forums, so long as the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain political campaigning or commercial solicitation. If content is posted within the Discussion Forums by a user, they grant Eval2hire royalty-free, and irrevocable use to reproduce, modify, publish, translate, distribute, and display such content throughout the world in any media. Eval2hire is granted the right to use the name submitted in connection with such content, if chosen. You warrant that you own all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Eval2hire for all claims resulting from content you supply.

Should you post any suggestions or feedback in our Discussion Forums, you agree to transfer concepts, ideas and techniques without compensation or benefits from us, as we continue the efforts to improve and enhance the web site experience for our users.

Under no circumstances will Eval2hire be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted within the Discussion Forums. Eval2hire reserves the right at all times, but not the obligation, to monitor, edit or remove any activity or content deemed inappropriate for the web site. Eval2hire takes no responsibility and assumes no liability for any content posted by its users. In addition, they can disclose any information as necessary to satisfy any law or governmental request. Eval2hire retains the right to extract any items posted to the Discussion Forums that Eval2hire, in its sole discretion, deems objectionable or in violation of the Terms and Conditions of Use. If Eval2hire requests that a register member refrain from posting objectionable content and the registered user does not adhere to our requests, Eval2hire has a right to terminate the registered members account immediately.

Payment Practices

Payment:
Payment for Eval2hire services or products may be made by credit card or other means by which Eval2hire authorizes. Payment must be received by Eval2hire prior to acceptance of an order. For credit card transactions, the appropriate information is collected and the transaction takes place on a secure, and encrypted server. The information provided is used strictly to process the order and shall not be given out to third parties.

Customers may not assign or transfer access privileges to any other person or entity. Customers must promptly inform Eval2hire of the following: (1) changes in the expiration date of any credit card used in connection with this service; (2) changes in home or billing address; (3) apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Eval2hire is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service.

Refunds:
Eval2hire will not offer refunds on valid, properly executed orders. Should you have any inquires regarding a request for a refund, this should be directed to the Customer Support Team.

Advertiser Links

This web site contains links to Internet web sites maintained by third parties. Eval2hire does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by Eval2hire and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.

Eval2hire has no editorial control over any content supplied by third party content providers and any third party users. Any resources, opinions, advice, or other statements made or expressed by such third parties are those solely of the third party.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Eval2hire site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Eval2hire shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.

Disclaimers and Limitations of Liability

Eval2hire makes no express or implied warranties that your use of this Internet site (http://www.Eval2hire.com) will be uninterrupted, that messages or requests will be delivered, or that the operation of the Internet site will be error-free or secure. In addition, the security mechanisms implemented by Eval2hire may have inherent limitations, and you must determine yourself that the web site sufficiently meets your requirements. You shall be responsible for all use of your account and maintaining the confidentiality of your password and information. We discourage your sharing of your logon ID and password with anyone; any such sharing shall be entirely at your own risk. Eval2hire has the right to make changes, improvements and updates to any information contained on the web site without prior notice. THE Eval2hire WEB SITE AND ITS CONTENTS ARE PROVIDED 'AS IS' AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEB SITE, ITS CONTENTS OR ANY PRODUCT. THERE ARE NO WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, AND Eval2hire HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Eval2hire SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE, EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Eval2hire DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED PROVIDED ON THIS INTERNET SITE IS ACCURATE, COMPLETE, OR CURRENT.

All questions relating to this web site's validity, interpretations, performance and enforcement, including the Terms and Conditions of Use, shall be governed by and construed in accordance with the laws of the Michigan, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary, and without the aid of any canon, custom or rule of law requiring construction against the draftsman. Any action relating to this web site's validity, interpretations, performance and enforcement, including the Terms and Conditions, must be brought in the federal or state courts located in Michigan, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Eval2hire.

Eval2hire will not be responsible or liable to you for any delay or failure to perform under these Terms and Conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, revolution, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Eval2hire.

To the maximum extent allowed by law, Eval2hire shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Eval2hire's materials. Through your use of the Eval2hire web site, to the maximum extent allowed by law, you agree to indemnify Eval2hire from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Eval2hire web site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. If you are dissatisfied with any material or with any of Eval2hire's Terms and Conditions, your sole and exclusive remedy is to discontinue using the web site now.

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.

Terminations

Eval2hire shall have the right at any time to change or discontinue any aspect of the web site's operation. In addition, they reserve the right to cancel or terminate an individual's account if there is speculation of cheating, misconduct, or similar behaviors. If there is belief that you have violated the Terms and Conditions of Use, Eval2hire has the right to deactivate or terminate your account without prior notice.

Should you wish to personally cancel your account with Eval2hire, you will need to contact our Customer Support Team.

Customer Support

General questions or concerns about our web site and/or services can be directed to our Customer Support Team via e-mail.

Policy Modifications

These Terms and Conditions were last modified on February 23, 2004. At any time and without prior notice, Eval2hire shall have the right, in its sole discretion, to modify, add or remove terms of these Terms and Conditions of Use, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. YOUR CONTINUED PARTICIPATION AND USE OF THIS WEB SITE AND/OR THE Eval2hire SERVICES FOLLOWING OUR POSTING OF ANY SUCH CHANGE ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH CHANGE. Users should review these Terms and Conditions periodically as subsequent use shall constitute acceptance of any such changes.

Entire Agreement (Independent Investigation)

These Terms and Conditions represent the complete and entire agreement between Eval2hire and you and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS INTERNET SITE, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THESE TERMS AND CONDITIONS.