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Assessment Strategies Inc. Web Site Use Agreement

Please read this agreement carefully. This agreement governs your use of the Assessment Strategies Inc. ("ASI") Web Site (the "Web Site"). For the purposes of this agreement use of the Web Site will be deemed to include, without limitation, the use of the Predictor Test©. It exempts ASI and others from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site you may not use the Web Site.

Each time you use the Web Site the text of this agreement as it then reads will govern your use. Accordingly, when you use the Web Site you should check the effective date of this agreement and review any changes since the last version.

This Agreement contains the following provisions:

  1. Permitted Users
  2. Your Acceptance of this Agreement
  3. Changes to this Agreement
  4. Termination of this Agreement and the Web Site
  5. No Advice or Solicitation and Results Regarding the Predictor Test©
  6. Disclaimer
  7. Liability Exclusion
  8. Liability Limitation
  9. Release
  10. Indemnity
  11. Privacy
  12. Governing Law and Dispute Resolution
  13. Ownership and Use of the Web Site and its Content
  14. Trade-mark
  15. Other Sites
  16. Other Matters

  1. Permitted Users

  2. The Web Site and its content including, without limitation, the Predictor Test© are intended to be used or viewed only by persons located where ASI services and products may lawfully be distributed, and therein only by persons who have reached the age of majority in their jurisdictions and who can form legally binding contracts under applicable law. If you are located outside of Canada, it is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all laws applicable in your jurisdiction.


  3. Your Acceptance of this Agreement

  4. This Agreement is an agreement between you and ASI and governs your use of the Web Site.

    Each time you use the Web Site, you signify your acceptance and agreement without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person, including any type of incorporated or unincorporated entity, you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, then you may not use the Web Site.


  5. Changes to this Agreement

  6. You may not change, supplement, or amend this Agreement in any manner. ASI may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person.


  7. Termination of this Agreement and the Web Site

  8. If you breach any provision of this Agreement, then you may no longer use the Web Site. ASI may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Web Site or any part of it at any time, for any reason, without any prior notice or liability to you or any other person.

    If this Agreement is terminated by you or by ASI for any reason, then this Agreement will continue to apply and be binding upon you in respect of your prior use of the Web Site.


  9. No Advice or Solicitation and Results Regarding the Predictor Test©

  10. The Web Site and its content are for informational or demonstrative purposes only. The Web Site and its content are not intended to be a comprehensive or detailed statement concerning the matters addressed. The information on this Web Site is not intended to provide professional advice including, without limitation, legal and study habit advice, and should not be relied upon in this regard. The information received from Predictor Test© and in email follow ups is intended solely as general guidance on test preparation, and does not constitute legal or other professional advice. Individual situations vary and users are encouraged to obtain appropriate personal study advice from qualified professionals. The test score estimates provided by Predictor Test© are based on the information you, the user, provide and the scoring criteria from our files. In order to avoid a false estimate you must ensure that all of your answers to the Predictor Test© are provided within the time allotted and without the aid of any supporting documents or consultation. The scores generated by the Predictor Test are believed to be accurate, but ASI and its suppliers do not warrant or guarantee such accuracy. Test score estimates are subject to change based on any number of factors including, but not limited to, knowledge, anxiety, and various distractions.


  11. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity

  12. ASI strives to make your use of the Web Site a useful and informative experience. Nevertheless, ASI and its service providers (collectively, the "Providers") do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:

    Disclaimer

    Your use of the web site is at your own risk.

    The web site is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by ASI and the providers to the fullest extent permitted by law.

    You are solely responsible for provisioning, configuring and maintaining all equipment and software you use or allow others to use in connection with the web site, including all computers and related equipment and software.

    The operation of the web site may be affected by numerous factors beyond ASIís control. The operation of the web site may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.

    In no event will ASI be liable to you or any other person for any losses suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Web site.

    Through your use of the web site, you may have the opportunity to engage in or continue commercial transactions with other persons. All such transactions are at your own risk. ASI is not a party to any such transactions and disclaims any and all liability regarding all such transactions.

    ASI and the providers are not liable to you or any other person for any loss or damage arising from or related to any misprints or errors on the web site.

    Without limiting the generality of the foregoing, ASI and the providers make no representation, warranty or condition that:

    • the web site will meet your requirements or will be compatible with your computer and related equipment, and software;
    • the web site will be available or will function without interruption or will be free of errors or that any errors will be corrected;
    • the web site, the information obtained through the web site, or any results that may be obtained through the use of the web site or the information will be accurate, complete, reliable, timely, or authentic;
    • the quality of any services, information or other materials obtained through the web site will meet your expectations;
    • the use of the web site, including the browsing and downloading of any materials from the web site, will be free of viruses, trojan horses, worms or other destructive or disruptive components or bugs;
    • the use of the web site will not infringe the intellectual property or other rights of any person;
    • and ASI and the providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.


  13. Liability Exclusion

  14. ASI and the providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the web site by you or any other person, and regardless of any negligence or other fault or wrongdoing by ASI or the providers or any other person for whom any of them is responsible, and notwithstanding that ASI or the providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.


  15. Liability Limitation

  16. In no event will ASI and the providers ever be liable to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by ASI or the providers or any person for whom either ASI or the providers are responsible, in an amount exceeding C$25 or the pro-rated amount you paid to ASI for the uses of the web site which are the subject of the claim, whichever is less.


  17. Release

  18. You hereby release, remise and forever discharge the providers, ASI and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the web site.


  19. Indemnity

  20. You agree to indemnify, defend and hold the providers, ASI and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the web site. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand. Advice and information provided by the providers, ASI or their representatives, or through the web site, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimers, liability exclusions, liability limitations, release and indemnity provisions, and you may not rely upon any such advice or information. The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive the termination of this Agreement.


  21. Privacy

  22. ASI does not collect, use, or disclose your personal information without your prior consent.


  23. Governing Law and Dispute Resolution

  24. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between ASI and you or any other person arising from, in connection with or relating to the Web Site, this Agreement, or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Ottawa, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute. Any claim or cause of action you may have arising from, in connection with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in Ottawa, Ontario, Canada within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.


  25. Ownership and Use of the Web Site and its Content

  26. The Web Site and all of its content, including data, photographs, images, icons, software, and other elements, are owned or licensed by ASI or its suppliers. The Web Site and all of its content are protected by domestic and international copyright, trade-mark, and other laws. Without limiting the above, the entire content of the Web Site is, under domestic and international copyright laws, a collective work owned by ASI. Your use of the Web Site and its content does not transfer to you any ownership or other rights in the Web Site or its content. The Web Site and its content, including, without limitation the results from the Predictor Test© may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of ASI. You may not use any of the software that is used in the operation of the Web Site except while you use the Web Site. You may not copy any of the software used in the operation of the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site or access to the Web Site. You may access and browse the Web Site using a commercially available, SSL-capable Web browser. You may not print or download the pages of the Web Site (except this Web Site Use Agreement) or its content for your personal, non-commercial use, nor may you modify any of the Web pages or content or remove or alter any visible or non-visible identification, marks, notices, or disclaimers.


  27. Trade-mark

  28. ASI and the ASI logo are registered trade-marks and trade-names owned by ASI. Other product and company names and logos appearing on the Web Site may be registered and unregistered trade-marks, service-marks or trade-names of their respective owners. Any use of the trade-marks, service-marks, trade-names and logos (collectively the "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.


  29. Other Sites

  30. The Web Site may include advertisements for, and links to, other Web sites and businesses operated by third parties ("Other Sites"). Other Sites are independent from ASI, and ASI has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. ASI does not sponsor or endorse any Other Sites or their content or the goods or services available through those sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against ASI arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and ASI, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.


  31. Other Matters

  32. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. ASI will not accept transactions or instructions by Internet email messages. However, questions of a general nature or inquiries may be communicated by email. Any communication transmitted to ASI by electronic mail shall become the property of ASI or its affiliates and may be used for any purpose. ASI shall be free to use any idea contained in any communication sent to ASI for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.

    This Agreement as amended from time to time by ASI constitutes the entire agreement between you and ASI relating to your use of the Web Site and supersedes all previous agreements, written, oral or otherwise, between you and ASI with respect to your use of the Web Site.

    The provisions of this Agreement will enure to the benefit of and be binding upon ASI and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express written consent of ASI, which may be withheld in ASIís sole discretion. ASI and its service providers may assign this Agreement and their respective rights and obligations under this agreement without your consent.

    The parties to this Agreement have expressly requested and required that this Agreement, and all other related documents, be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui síy rapportent soient rediges en anglais.

    Any rights not expressly granted by this Agreement are reserved to ASI.

    January 2010

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