Terms of Use

ANY PERSON OR ENTITY PURCHASING OR ACCESSING THE FASTTEST™,TESTGENIUS™, AND/OR CERTIFIOR™ SITE (THE “SITE”) OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS FASTTEST SITE TERMS OF USE ("TERMS OF USE"):

These Terms of Use, together with the Privacy Policy http://app.fasttestweb.com/ftw/pr/9999/14/doc/privacy-policy.pdf, which is incorporated into these Terms of Use by reference, are a legal agreement between you (either the Workplace Administrator, as defined below, or the User, as defined below) and Biddle Consulting Group, Inc. and ROI.COM, Inc. d/b/a Assessment Systems (jointly “Providers”) for use of the FastTest™ Test Genius™, and/or Certifior™ website and software application services, and offered via this service. You may have access to the Site via a user name and password provided to you by the Providers, or a Third Party Reseller who has been authorized by a Provider via a duly signed Third Party Reseller Agreement (a "Client") who is using one or more tests. The software application services provided on the Site include computer software; data storage mechanisms, databases and related designs; printed materials, videos and online or electronic documentation; provided test content, but not end-user supplied content; and all other system-related material and artifacts in any form (collectively the "Services"). By accessing the Site and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to access the Site or use the Services.

The Site and Services are protected by law, including, but not limited to, United States Copyright law and international treaties. Providers make no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

Providers may at any time revise these Terms of Use and any other information on the Site or contained in the Services by updating this posting or other terms. If Providers make such revisions, you will be notified that the Terms of Use are new next to the link to Terms of Use wherever it appears. A notice of the last date of revision will always appear at the bottom of these Terms of Use. Your continued use of the Site and Services constitutes your consent to any updates to the Terms of Use.

1. USER ACCOUNTS, PASSWORDS AND SECURITY

A "Workspace" is an organizational account in FastTest with a defined scope of content and set of users with the purpose of creating a bank of test items and/or administering examinations.

A "User" is any person or entity that uses or accesses the Site and/or Services. Users may be referred to in the second person (as "you") in these Terms of Use.

A “Workspace Administrator” is any User that has the right to configure the Services; create custom fields (for users, items and examinees); create, edit, delete, and define roles for additional Users; and has full access to all content and capabilities in their Workspace and subordinate Workspaces. The Workspace Administrator will receive a password and account designation upon completing the registration process for the Services. Workspace Administrators and Users who have been provided passwords are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under their password or account. All Workspace Administrators and Users agree to (a) immediately notify Providers at support@assess.com of any unauthorized use of their password or account or any other breach of security, (b) change or reset their password, and (c) exit from their account at the end of each session. Providers reserve the right to terminate at any time any session that has been inactive for 30 minutes without liability. Providers cannot and will not be liable for any loss or damage arising from any User's failure to comply with this Section.

All Workspace Administrators agree that each Workspace Administrator and User account will be used by only one person and agrees to pay for any additional persons accessing the system at the then-standard pricing.

2. LICENSE GRANT

The Site and Services, and all content on the Site and/or contained in the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Providers' prior written consent, except that Providers grant you a non-exclusive, non-transferable, limited and revocable permission to access, use, and display the Services as limited by these Terms of Use. Providers further grant you a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Providers, their affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. These permissions are conditioned on your not modifying the services or software, your keeping intact all copyright, trademark, and other proprietary notices, and you’re accepting any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.

The Site is not meant for use by minors. If you are a legal minor in your jurisdiction, do not use the Site alone, you may only use the site under the supervision of a parent or legal guardian. Furthermore, the Site does not knowingly solicit or collect information about children under the age of 13. Should Providers learn that identifying information about a child under the age of 13 is being collected without proper consent, they will halt the data collection and remove that information.

Your failure to comply with the terms, conditions, and notices on the Site, or with any laws or regulations applicable to your use of the Site and Services, will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in this Section 2, Providers do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

3. TERMINATION

The permissions granted to Users under these Terms or Use are contingent upon Client making all payments to Providers in a timely manner. You acknowledge and agree that your access to the Site and Services may be terminated at any time upon termination of the Client's agreement with Providers.

USER CONDUCT

You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials provided by Users via the Services ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the person that uploads the content, and not Providers, are entirely responsible for all Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service. Providers do not control the Content and, as such, expressly disclaim any guarantee of the accuracy, completeness, integrity, or quality of the Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Providers 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, emailed, transmitted or otherwise made available via the Service.

You may not use the Site in a manner that violates any local, state, national, foreign or international laws. You may not interfere with the functioning of the Site or with other Users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the Site or Services, or to reverse-engineer the Site or Services; attempting to decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code for the executable code of the Services, or to create any derivative works based upon the licensed Services; enabling high volume, automated, electronic processes that apply to the Site or its systems, the Services, or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site or Services, whether through hacking, cracking, password mining, or any other means. You may not use Providers' names, trademarks, service marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site or Services, except for your own data.

                If you in any way violate the terms of the preceding paragraph, you agree to pay all damages incurred by Providers, including any consequential damages, and agrees that the measure to determine damages will be the highest estimate of damages as provided by Providers. Providers will cooperate with the authorities in prosecuting any User or Client who interferes with the Site or Services, attempts to defraud Providers, or attempts to defraud credit card companies or any other parties through use of the Site or Services.  Furthermore, the Workspace License will be immediately terminated. 

In addition, you agree not to use the Services to:

a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b) harm minors in any way;

c) impersonate any person or entity, including, but not limited to, an official of one of the Providers, forum leader, service representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, including but not limited to intellectual property laws, or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation, as further described in Section 6;

g) interfere with or disrupt the Services or servers or networks connected to the Services; or

h) intentionally or unintentionally violate any applicable local, state, national or international law.

Providers reserve the right, but do not take on the obligation, to review the Content provided by you or your use of the Service, and may block any email messages and or terminate any use of the Services that Providers believe may be in violation of this Section 4. Furthermore, any violation of any of the terms in this Section 4 relieves Providers of any of its contractual or other legal obligations to User.

Providers reserve the right to refuse any or all service to any User for any breach of these Terms of Use, at any time, at Providers' sole discretion. User agrees that Providers may block its IP address or addresses at any time, or to remove the user name and password rights or otherwise remove access to the workspace, at Providers’ sole discretion, thereby disallowing User's continued use of the Site and Services.

4. INDEMINFICATION

User indemnifies, defends, and holds harmless Providers, along with their respective officers and affiliates, from and against any use or misuse of tests by User, including but not limited to a breach of any applicable laws and regulations, the latest Standards for Educational and Psychological Testing by the American Psychological Association, American Educational Research Association, and National Council on Measurement in Education, or the United States Uniform Guidelines on Employee Selection Procedures.

User hereby indemnifies, defends and holds harmless Providers, along with their respective officers and affiliates, from and against any and all liability or expenses (including reasonable attorneys’ fees and expenses as reasonably incurred) arising out of the act or omission of User, its employees, or agents, whether intentional, reckless or negligent.

5. ANTI-SPAM

a) Prohibited Content

The email capabilities of the Services may be used only in conjunction with item banking, test assembly, test scheduling and test reporting, and other applications within the testing and assessment development and delivery process. Any other use of the Site's email system to deliver any other type of content or messages is misuse of the Services and may result in termination of the User’s account.

b) Reporting Spam

If you suspect that the Site or Services have been used to send spam, please contact us immediately at service@assess.com and Providers will investigate accordingly.

6. MAINTENANCE

Providers agree to maintain and support the Services. Maintenance consists of Providers’ reasonable best efforts to make error corrections with respect to documented and replicable errors submitted by Users to support@assess.com. The Provider’s goal is to achieve 99% availability. Exceptions to this availability include:

a. circumstances beyond the Providers’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain materials, supplies, or power used in or equipment needed for provision of the Application;

b. failure of access circuits to the Providers’ systems outside of the Provider’s operational control;

c. scheduled maintenance and upgrades;

d. DNS issues outside the direct control of the Providers;

e. the Client’s acts or omissions (or acts or omissions of others engaged or authorized by the Client), including, without limitation, custom scripting or coding, any negligence, willful misconduct, or use of the Application in breach of the Providers’ Terms of Use;

f. DNS (Domain Name Server) Propagation; or

g. outages elsewhere on the Internet that hinder access to the Software. The Contractor is not responsible for browser or DNS caching that may make Software appear inaccessible when others can still access it. The Providers will guarantee only those areas considered under the control of the Providers.

7. MODIFICATIONS TO SERVICES

Providers reserves the right at any time and from time to time to modify, expand, temporarily suspend, or permanently discontinue the Services (or any part thereof) with or without notice. You agree that Providers shall not be liable to you or to any third party for any modification, expansion, suspension, or discontinuance of the Service. However, if Providers discontinue some aspect of the service that then makes it unusable for User’s needs, User may discontinue the Services and receive a prorated refund of amounts paid for the period of time the service was not available. This is the only remedy available to User in the event of such discontinuation.

You acknowledge that Providers reserve the right to delete all Content uploaded to accounts that are inactive for seven years.

8. INTELLECTUAL PROPERTY

                The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Services are licensed, not sold. All title and copyrights in and to the Services are owned by Providers. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Providers own a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of Providers' intellectual property, in whole or in part, without prior written permission.

The Biddle Consulting Group Inc., OPAC, ExamIn™, TestGenius™, CritiCall™, FastTest™, WebLock™, Certifior™, FastTEST Pro™, Xcalibre™, Iteman™, PerforMaps™, ROI.COM, Inc., 4ROI®, Assessment Systems™, and FastTEST Web™ names and logos are trademarks of Providers. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of Providers. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Providers. Providers aggressively enforce their intellectual property rights to the fullest extent of the law. Fair use of Providers' trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.

All right, title and intellectual property rights in and to the Content is the property of the respective Content owners and also may be protected by applicable copyright or other intellectual property laws and treaties.

9. DMCA TAKE-DOWN NOTICES

If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;

c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

d. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Providers a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notification and counter-notification pursuant to the DMCA should be submitted to:

Assessment Systems
111 Cheshire Lane #50
Minnetonka, MN 55305
Support@assess.com .

10. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice or counter-notice may not be valid. Providers encourage you to consult with your attorney before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.LINKS TO THIRD PARTIES

Providers make no claims or representations about any web site not under Providers’ control that a User may access from the Site -- by link, frame, or any other means – excluding Providers' own company websites ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by the Site or otherwise on the Site does not constitute Providers’ endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site. In addition, Providers are not party to or responsible for any transactions you may enter into with a Linked Site, even if you learn of such Linked Site from the Site. Accordingly, you acknowledge and agree that Providers are not responsible for the availability of such external sites or resources, and are not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a Linked Site, even one that may contain one of Providers' names or logos, please understand that it is independent from Providers, and that Providers do not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

11. CONFIDENTIAL INFORMATION

The Client and Users agree to not use the Site or Services to collect or store sensitive personal information, including: social security number, driver’s license or other government issued identification card number, any financial account numbers, credit or debit card number; or identifying information from children under the age of 13 that includes first and last name, home or physical address, email address, telephone number, or any other identifier that permits online contacting of a specific individual under the age of 13. Explicit prior written approval by the Provider must be obtained for any exception to this paragraph. Exceptions would only be granted with proper field encryption and written proof of legal use of information

12. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, OR THE SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND SERVICES AND TO THE INFORMATION THEREIN. PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AND/OR SERVICES AT ANY TIME.

PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SITE AND/OR SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, PROVIDERS MAKE NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED

YOU SPECIFICALLY AGREE THAT PROVIDERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES. YOU SPECIFICALLY AGREE THAT PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PROVIDERS ARE NOT RESPONSIBLE FOR ANY CONTENT (AS DEFINED ABOVE).

IN NO EVENT SHALL PROVIDERS OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE, SERVICES, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE AND/OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND/OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDERS OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND/OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

13. GOVERNING LAW

This site is controlled by Providers from offices within the state of Minnesota, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that my differ from those of Minnesota, by accessing this site both you and Providers agree that the statutes and laws of the state of Minnesota without regards the conflicts of laws principles thereof, will apply to all matters relating to the use of this site, the Privacy Policy, these Terms of Use, the purchase of products or services available through this site. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy or your use of this Site shall be filed only in the state or federal courts located in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. We make no representation that the products and services available through our site are appropriate or available for use in locations outside the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

14. NOTICES

Any notices pursuant to this Terms of Use shall be validly given to a User or Workspace Administrator when emailed with confirmation to the User or Workspace Administrator’s address on file within the Site at that time, or if to Providers: sales@fasttestweb.com. If User or Workspace Administrator does not receive email confirmation, notices must be sent by pre-paid national courier or certified mail with proof of delivery to Providers' address as follows: Assessment Systems, 111 Cheshire Lane #50 Minnetonka, MN 55305.

15. FORCE MAJEURE

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

16. INTERPRETATION OF CONFLICTING TERMS & ENTIRE AGREEMENT

These Terms of Use and Privacy Policy incorporated by reference constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties. These Terms of Use may NOT be later, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered Terms of Use shall be null and void, unless otherwise agreed to in a written Agreement or Addendum signed by you and the Providers. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Last update: May, 2015