Terms of Use

LOGI-SERVE, LLC CANDIDATE TERMS OF USE AND ACCESS AGREEMENT

This website (including related domains and mobile sites, the “Site“) and the services, products, and content provided on the Site are owned and operated by Logi-Serve LLC (“we,” “us,” or “Logi-Serve“). The Site is configured to allow you, a job position candidate using this Site (“Candidate”), to participate in certain questionnaires, assessments, and evaluations (collectively, “Assessments“) hosted on the Site and administered on behalf of Logi-Serve’s client, the organization that will be reviewing your responses to the Assessments (the “Organization“).

By using or accessing any portion of this Site, or by participating in an Assessment, you agree to be bound by these terms and conditions of use (“Terms“) and to comply with all applicable laws and regulations. You may not use this Site or the services provided therein if you do not agree to these Terms. Please review them carefully.

1. This Site

The Site allows Candidates to participate in Assessments and to provide responses and information that will be submitted to the Organization for its internal business purposes. BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT LOGI-SERVE HAS NO CONTROL WHATSOEVER OVER ANY EMPLOYMENT DECISION AFFECTING YOU MADE BY THE ORGANIZATION. YOU EXPRESSLY RELEASE LOGI-SERVE FROM ALL LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND ANY EMPLOYMENT-RELATED ACTION TAKEN BY THE ORGANIZATION, INCLUDING RELATING TO YOUR RESPONSES SUBMITTED THROUGH THE SITE.

2. Your Use of the Site

Subject to these Terms, Logi-Serve grants you a limited personal, revocable, non-exclusive, non-transferable license to use the Site and access its contents, solely in accordance with the instructions provided on the Site. If you have been provided with credentials or keys to access the non-public portions of the Site, you agree not to give these credentials or keys to anyone else or allow anyone else to use or access the Site.

As a Candidate, you may have entered or may enter in the future into certain agreements with the Organization (such as a confidentiality agreement, employment agreement, or other agreement). These agreements with the Organization will control in the event that a term therein conflicts with any terms set forth in this Policy.

For any information you submit to us using the Site, or communicate to us in any way (including without limitation your responses submitted in connection with Assessments on the Site), you agree to grant us a unrestricted nonexclusive, perpetual, royalty-free, irrevocable, transferable, worldwide right and license to use, reproduce, modify, adapt, translate, display, publish, transmit, and distribute such content in any form, medium, or technology now known or later developed, without further compensation, consideration, attribution, or notice. Notwithstanding the foregoing, we will not use or disclose your personally identifiable information except as expressly permitted by our Privacy Policy, which is expressly incorporated herein.

3. Prohibited Conduct

You may not: (1) modify, alter, reverse engineer, or create derivative works of this Site or its contents; (2) copy, download, distribute to third parties or publically display the Site contents or use any portion thereof, except as expressly authorized; (3) remove, modify, or obscure any copyright, trademark, or other proprietary notice; (4) attempt to gain access to any portion of this Site for which you do not have authorized access, interfere with or interrupt the operation of this Site (including without limitation through denial of service attacks), or harm the Site or any user of this Site through hacking, data mining, the use of viruses or other malware, or any other means; or (5) otherwise use or access this Site, its contents, or any connected network, system, or database, in any way not authorized by these Terms or in violation of any law.

4. Intellectual Property

The Site and its content contain valuable intellectual property of Logi-Serve and/or its suppliers, including patent rights, copyrights, trademarks, service marks, trade dress, and trade secrets. The content on this Site is licensed, not sold or transferred, even if for convenience we use the terms “sale,” “purchase,” or similar terms. All rights not expressly granted in these Terms are exclusively reserved to Logi-Serve.

The Site may include access to content created, owned, or controlled by third parties. The Site may also link to third parties’ websites. While we may make these available to you, they are not under our control and we are not responsible for their content nor do we guaranty their accuracy or availability to you. You understand that you bear all risk associated with such third-party content or websites, and that you may be required to agree to such third parties’ terms and conditions in order to use or access their content or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites.

5. Indemnification

You agree that you remain responsible for the content that you submit or send using the Site. You agree to defend and hold harmless Logi-Serve and its affiliates, and their employees, contractors, directors, managers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising from or in connection with any claim, suit, or action arising out of or relating to your use of the Site, your violation of any law in connection with the Site, or your breach of these Terms.

6. Disclaimer of Warranty

THE SITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. LOGI-SERVE AND ITS SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LOGI-SERVE AND ITS SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, SUPPORT, TIMELINESS, OR PERFORMANCE WITH RESPECT TO THE USE OF THE SITE OR ITS CONTENT. LOGI-SERVE MAKES NO WARRANTY THAT THE SITE, SERVICES, OR ANY CONTENT WILL MEET THE USER’S NEEDS, BE ERROR FREE OR ACCURATE, WILL OPERATE WITHOUT INTERRUPTION, OR LOSS OF DATA, OR THAT ALL ERRORS WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGI-SERVE PROVIDES NO WARRANTY WITH RESEPCT TO ANY EMPLOYMENT OR ANY OTHER ACTION OR DECISION MADE BY THE ORGANIZATION AS A RESULT OF OR IN CONNECTION WITH THE SITE, ASSESSMENTS, OR OTHER CONTENT. ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED HEREIN WILL NOT BE ENFORCEABLE.

7. Limitations and Exclusions of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, LOGI-SERVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER LOGI-SERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LOGI-SERVE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND REGARDLESS WHETHER LOGI-SERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Changes to the Site or these Terms

The Site and any of its features or content are subject to change. These Terms and any Site policies or guidelines may be revised at any time in Logi-Serve’s sole discretion. The date of the latest revision or update will be indicated on these Terms. Upon continued use of the Site, you agree to be bound to the latest updated terms, policies, or guidelines available on the Site.

9. Compliance with Laws

You agree to comply with all applicable laws governing your use of the Site. You may not access, download, use or export materials posted to the Site in violation of U.S. export laws or regulations, including the Export Administration Regulations and, or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority. This Site originates from the United States. Logi-Serve makes no representation that any content will be available or legal in other locations.

10. U.S. Government Restricted Rights

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Logi-Serve’s proprietary rights in them.

11. Governing Law; Arbitration

Both Logi-Serve and Candidate agree that all claims or disputes arising out of the Site or these Terms shall be submitted to binding arbitration, provided that the parties shall first attempt to resolve such claim or dispute informally. The arbitration shall by conducted by the American Arbitration Association under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes in Oakland County, Michigan, or as otherwise mutually agreed to by the parties. Any judgment on the award rendered by the arbitrator shall be able to be entered in any court having competent jurisdiction. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Both parties agree that any claim or dispute shall be brought only in a party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims. USER AGREES THAT BY ENTERING INTO THIS AGREEMENT, CANDIDATE AND LOGI-SERVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief from any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan without regard to rules or principles regarding conflicts of laws.

12. General

These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and related content and services, and supersedes and merges all prior discussions between the parties. In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable. The parties are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between the parties, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party. The rights and remedies provided to each party in these Terms are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

© Copyright 2015 Logi-Serve, LLC., Last Revised January 1, 2015