By using ReviewNet Assessment and Interviewing Platform (the "ReviewNet Service") of ReviewNet
Corporation ("RNC") you (the "User", "you") agree to be bound by the following terms and conditions (the
"Terms of Service", "Agreement"). If you use the Service as an employee of an organization that has
executed an Order to use the Service (“Client”), any terms in the Order that conflicts with, or modifies, the
terms in these Terms of Service, the terms in the Order will prevail. You are advised to check the Terms of
Service from time to time for changes that may impact you. RNC reserves the right to change the Terms of
Service at any time without notice. New features that may be added to the ReviewNet Service shall be
subject to the Terms of Service. Your use of the ReviewNet Testing Service after such modifications have
been made constitutes your agreement to the modifications. THIS AGREEMENT WILL BE GOVERNED
BY, CONSTRUED, AND INTERPRETED IN ACCORDANCE WITH PENNSYLVANIA LAW.
RNC shall grant Client with a license to use the ReviewNet Service according to the quantities, prices,
options and terms indicated in an Order, which may be submitted online. Client shall use the ReviewNet
Service only in accordance with this Agreement. “Products” means materials, content, information,
documentation, and software provided to Client by RNC, including but not limited to, the ReviewNet Service.
3. TERM AND TERMINATION
You may terminate your ReviewNet Service account at any time. Access to your account will cease upon
termination. You are responsible for all charges accrued up to that time, including full annual or monthly
charges for subscriptions depending upon the account type. Client or RNC may terminate this Agreement
upon 30 days written notice if the other party materially breaches these Terms and fails to cure the breach
within the 30 day period. RNC may immediately refuse access to the ReviewNet Service to Clients if the
breach violates the Use of Products paragraph. RNC may refuse access to the ReviewNet Service to Users
who are not Clients for any reason whatsoever.
4. PRICES, PAYMENT TERMS
RNC reserves the right to suspend access to the ReviewNet Service or Products for any past due balances.
RNC reserves the right to change the pricing and availability of any and all products and services not already
purchased by Client. RNC reserves the right to change the price of monthly subscription fees with 30 days'
notice. If you have a subscription account, your payment to RNC will automatically renew at the end of the
subscription period, unless you cancel before the end of the current subscription period. The cancellation
will take effect the day after the last day of the current subscription period. However, if you cancel your
payment and/or terminate your account before the end of the subscription period, we will not refund any
subscription fees already paid to us.
RNC may change the price for the subscriptions from time to time, and will communicate any price changes
to you. Price changes for subscriptions will take effect at the start of the next subscription period following
the date of the price change. By continuing to use the ReviewNet Service after the price change takes
effect, you accept the new price.
5. OWNERSHIP OF PRODUCTS
RNC warrants that it is the owner of ReviewNet Service and its content except for content created by you.
All Products provided by RNC are subject to the copyright laws of the United States and foreign countries.
You recognize and acknowledge that RNC has proprietary interests in the format, organization and content
of the Products and that these restrictions are reasonable to protect RNC’s interests therein. You shall not
copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any of the
material provided by RNC.
RNC warrants that the products in their standard form will not infringe any valid United States patents or
copyrights existing at the time of product delivery, provided, however, that this warranty does not extend to
any infringement arising out of the use of the products in combination with systems, software, or equipment,
not supplied by RNC or any use of the products outside the United States. If you promptly notify RNC of
any such infringement claim of which you have knowledge or notice, and accord RNC the right, at its sole
option and expense, to handle the defense of the infringement claim, RNC will indemnify and hold you
harmless from and against such infringement claim. If such an infringement claim arises and RNC becomes
aware of such a claim, RNC may, in its discretion, furnish you with non-infringing replacement products
within sixty (60) days.
EXCEPT AS STATED IN THESE TERMS AND CONDITIONS, RNC MAKES NO WARRANTIES,
(EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PRODUCTS AND SERVICES.
ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL RNC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR
SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR PURCHASE OR USE OF RNC
PRODUCTS OR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OR AGREEMENT
BETWEEN CLIENT AND RNC, RNC’S TOTAL LIABILITY TO ANY PARTY ARISING OUT OF THIS
AGREEMENT OR PURCHASE OR USE OF RNC PRODUCTS OR SERVICES WILL NOT EXCEED THE
AMOUNT PAID BY CLIENT TO RNC FOR THE PRODUCTS OR SERVICES.
YOU AGREE TO INDEMNIFY AND HOLD RNC HARMLESS AGAINST ALL CLAIMS, LIABILITIES,
DEMANDS, DAMAGES, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND
EXPENSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SERVICES AND
PRODUCTS SOLD BY RNC AND/OR YOUR FAILURE TO ADHERE TO THESE TERMS AND
CONDITIONS. RNC AGREES TO INDEMNIFY AND HOLD YOU HARMLESS AGAINST ALL CLAIMS,
LIABILITIES, DEMANDS, DAMAGES, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES
AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH BREACH BY RNC OF ANY
WARRANTIES SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS.
RNC recognizes and acknowledges that RNC may be furnished confidential and/or proprietary information
of the Client and/or third parties in performance of the Services herein, including the names of candidates.
Client shall have exclusive right to user data, including email addresses, contact information, and test and
interview results that are provided to or generated by an authorized user of the ReviewNet Service
accessing the Client’s account. The Client shall be solely liable for its use of their user data. RNC will at no
time sell, market or distribute to a third party the contact information and other personally identifiable
information of candidates who solely access the site through the Client’s account. RNC shall have the right
to use Client data, including test results, for data aggregation, statistical reporting and quality assurance.
For software and certain other purchases, RNC must collect and report state and local taxes applicable to
your shipping address. If your organization is tax exempt, a copy of the tax exemption certificate with your
order must be supplied to RNC to qualify.
12. USE OF PRODUCTS
You agree it is your responsibility to use any services and products purchased from RNC in accordance
with federal, state, and local laws and regulations. You understand and agree that RNC products are meant
to be used as part of an overall assessment process, and are not intended to be used as the sole
determinant of employability. Use of psychological tests in employment-related situations may be subject
to certain laws including Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities
Act of 1990, as amended; and other federal, state, and local laws and regulations.
You agree to not use the Service to do any of the following:
- store, host, or send unsolicited email;
- use the Service to transmit any worms, viruses, or malicious content;
- post, send, submit, publish, or cause to be posted, sent, submitted, published or transmitted, any
Submissions or material that you do not have the right to distribute, duplicate, display, upload,
send or receive, including any proprietary material of any third party protected by intellectual
property laws (or by rights of privacy or publicity);
- advocate illegal activity, discuss any intent to commit an illegal act or violate any law;
- post, send, submit, publish or transmit material that is vulgar, obscene, pornographic, or indecent;
- threaten or abuse others;
- libel or defame others;
- post, send, submit, publish or transmit material that is racist, abusive, harassing, threatening or
- impersonate or misrepresent your connection to any other entity or person or otherwise
manipulate or forge headers or identifiers to disguise the origin of content;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of Content or other material contained in a file that is permissibly
uploaded (e.g., copyright, trademark or patent notices);
- solicit funds, advertisers or sponsors for any purpose;
- include programs that contain viruses, worms and/or Trojan horses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications device;
- post, send, submit, publish or transmit material that amounts to a pyramid or other like scheme,
including contests, chain letters, and surveys;
- disobey any policy or regulations including any code of conduct or other guidelines, established
from time to time regarding use of the Service;
- use any device to navigate or search any Symphony Site other than the tools available on the
Sites, generally available third party web browsers, or other tools approved by RNC;
- use any data mining, robots or similar data gathering, extraction, insertion, and/or site alteration
- attempt to violate the security of the Service including attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures without
- reverse engineer or decompile any parts of any RNC site;
- copy or duplicate in any manner any of the content or information available from the Service,
other than as permitted by these Terms;
- access data not intended for you or logging into a server or account which you are not authorized
- delete or alter any material posted by any other person or entity;
- harass, incite harassment or advocate harassment of any group, company, or individual;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting
and/or advertising products or services to any user, or contact any users that have specifically
requested not to be contacted by you;
You acknowledge that any materials you upload to the ReviewNet Service (“Submissions”) may be subject
to posted limits on use, reproduction and/or dissemination, and you are responsible for abiding by such
limitations with respect to your Submissions, including any downloaded materials. Notwithstanding these
rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that
neither RNC nor any third party that provides content and/or services to RNC, will assume or have any
liability for any action made by RNC or such third party with respect to any Submission.
13. USE OF SUB-LICENSED PRODUCTS AND SERVICES
Client may procure from RNC certain products and services that are sublicensed by RNC from other third
parties. Additional terms and conditions may apply to the Agreement governing use of the third-party
product and services.
14. USER GENERATED CONTENT
You may provide your own content for use in assessments or interviews (“User Content”), such as test,
survey and interview questions, for use in the ReviewNet Service. You are solely responsible for any User
Content you provide and for any consequences thereof. You represent that you have the right to use any
User Content which you post to the ReviewNet Service, and that such User Content, or its use by us as
contemplated by this Agreement, does not: (a) violate these Agreements, applicable law, or the intellectual
property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with
you or your User Content by RNC without the express written consent from RNC. You grant us a nonexclusive,
transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you
provide in public areas of the ReviewNet Service in perpetuity, unless other rights have been established
in a written Author agreement between you and RNC. Aside from the rights specifically granted herein, you
retain ownership of all rights, including intellectual property rights, in the User Content that you post to the
RNC does not monitor, review, or edit User Content, but reserves the right to remove or disable access to
any User Content for any or no reason, including but not limited to, User Content that, in RNC’s sole
discretion, violates these Agreements. RNC may take these actions without prior notification to you.
Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to
remove or disable access to any specific User Content. RNC is not responsible for User Content nor does
it endorse any opinion contained in User Content.
The parties agree that the Non-disclosure, Ownership of Products, and General provisions contained herein
shall survive termination and/or expiration of this Agreement as provided in those Sections. Client’s
obligation to pay for Services rendered and Products provided hereunder shall survive termination. Client
cannot assign this Agreement, and the obligations contained herein, without the prior written consent of
RNC. Any questions regarding the Terms of Service should be addressed to firstname.lastname@example.org