IMPORTANT! PLEASE READ THESE TERMS CAREFULLY. THE TERMS APPLY TO ALL OF OUR WEBSITES INCLUDING, BUT NOT LIMITED TO:
Throughout this statement the name Human Factors will be used to describe Human Factors (UK) Ltd.
BY USING ANY OF OUR WEBSITES YOU AGREE TO BE AND ARE HEREBY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN CLOSE THIS SCREEN AND LEAVE THE WEBSITE IMMEDIATELY.
Users must review the Privacy Statement. Users consent to the overseas transfer of personal data to the United Kingdom in a manner consistent with the terms of the Privacy Statement.
All services, software, linked sub-pages, assessments, questionnaires, tests, results, reports and materials accessible via the Internet web sites operated by Human Factors and its associated companies (collectively, the “Websites”), and all written documentation and access codes related to the foregoing (the Websites and the foregoing collectively, the “Materials”) are owned by Human Factors (UK) Ltd, its affiliates or subsidiaries, or are licensed to the same. The Materials are protected by the European Union and United States Copyright laws and international treaty. Title to the Materials, or any copy thereof will at all times remain with Human Factors (UK) Ltd. Users will not nor will Users allow anyone else to disclose the Materials, or any questions or answers contained in the Materials or deliver copies of the Materials in any form, in whole or in part, to any party except in the normal operation of the Websites on Users’ licensed computer(s) and subject to the terms and conditions of this Agreement.
The User agrees to use the Materials only as permitted herein. The User may print copies of on-line or emailed documentation solely for User’s internal business purposes, only where specified on the Websites, and subject to the terms and conditions of this Agreement. The User shall not sublicense, transfer, sell, “time share”, service bureau, rent, convey, reproduce, distribute, copy, publicly perform, publicly display, make derivative works of, pledge or assign the Materials or Licensee’s rights hereunder or any access codes to the Materials without the express written consent of Human Factors. The User shall not create any derivative work or reverse engineer, decompile or otherwise modify the Materials.
The Materials are delivered via the World Wide Web and have many security features, including password protection and software which disables certain browser functions. The User agrees to all of the following to preserve the security of the Materials: 1) The User warrants that, except as provided in this Agreement, no unauthorized person will copy, borrow, take, or save, electronically or in any other form, any portion of the Materials, including instructions and questions.
Each User warrants that any and all Materials will be administered only in a professional setting. Human Factors (UK) Ltd will not be held responsible for the administration of Materials or the quality of results provided by the Websites except where an express, written agreement has been previously formed to cover such responsibility.
No portion of the Materials will be reproduced by the User for any purpose not authorized by this Agreement.
The User will only allow authorized individuals to have access to the Materials and score reports.
The User shall store all usernames and passwords in a secure manner.
Disclaimer Of Warranties
Except as specifically stated in this agreement the Websites and Materials are provided “as is” without any warranty of any kind, whether electronic, oral, written or otherwise, expressed, implied or statutory. The User disclaims all other warranties (whether electronic, oral, written or otherwise, express or implied, arising by statute or otherwise in law or from a course of dealing or usage of trade) including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Human Factors (UK) Ltd will accept no responsibility for the content or the interpretation of any information provided by Human Factors whether provided electronically, orally, written or otherwise, express or implied. Indemnity And Hold Harmless
Human Factors (UK) Ltd is not responsible for any action or inaction of the User. The User irrevocably waives any claim against Human Factors (UK) Ltd, its officers, directors, employees, representatives, agents, subsidiaries and affiliates with respect to the same. The User assumes all risk and liability associated in any way with the use of the Materials and the taking of any assessment, questionnaire or test or the use of the results of any assessment, questionnaire or test. The User agrees to defend, indemnify and hold harmless Human Factors (UK) Ltd, its officers, directors, employees, representatives, agents, subsidiaries and affiliates from any and all claims, liabilities, demands and damages of every kind or nature, known or unknown, disclosed or undisclosed, arising out of, or in any way connected with User’s use of the Materials and use of the services provided by Human Factors (UK) Ltd.
Limitations Of Liability
Human Factors (UK) Ltd, its affiliates, subsidiaries, directors, officers, representatives, employees or agents, or anyone who helped develop, create, produce or deliver the Materials and information used in the Materials shall in no event be liable to the User for loss of profit, indirect, incidental, special, consequential or punitive damages, arising out of any breach of this agreement or any duty, care or obligation under this agreement or the licenses granted herein or arising out of the use of the materials or for any other claims made against the User by any other party even if Human Factors (UK) Ltd has been made aware of the possibility of such claim(s). In no event shall the User’s aggregate liability to any individual with respect to the obligations hereunder or otherwise with respect to the materials exceed the amount of license fees paid for the assessment, questionnaire or test from which individual’s claim arises. In no event shall Human Factors (UK) Ltd aggregate liability to test-administrator with respect to the obligations hereunder or otherwise with respect to the materials exceed the amount of fees paid by the User for the service(s) from which such liability arises. Any claim or suit brought under this agreement or in connection with the use of the materials licensed hereunder must be brought by the User no later than one (1) year after such claim or cause of action has accrued. This section 10.00 shall survive any expiration or termination of this agreement. These limitations of liability constitute an essential part of this agreement. Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations may not apply to the User.
Termination Of Services
Without limiting any other remedy, Human Factors (UK) Ltd reserves the right to immediately suspend or terminate the User’s participation in the Websites, temporarily or permanently, including, without limitation, if Licensee breaches this Agreement or if Licensor believes that Licensee’s actions may cause legal liability for Licensor’s other visitors or Licensor. Governing Law The use of the Websites and this Agreement will be governed by and construed in accordance with the substantive laws of England and Wales without regard to its conflicts of law principles. Further, except where the User may be seeking injunctive relief, any suit arising under this Agreement or the Materials may be brought only in courts of England and Wales and both parties hereby consent to the exclusive venue and jurisdiction of such courts. No Agency Human Factors (UK) Ltd is not acting for or on behalf of the User. No agency, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by this Agreement between Human Factors (UK) Ltd and the User.
Changes to Terms