Last updated: 04/03/2015
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
Cangrade, Inc. and Cangrade.com (collectively, “Cangrade”) provides a proprietary online pre-employment assessment, testing and surveying tool to analyze the predictable success of a particular individual at a particular position at a specific company or entity. If you are using the site in connection with a subscription or as a representative or employee of a company with a subscription, the Customer Agreement by and between your company/employer shall also apply to your use of the Site.
4. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than Cangrade (each a “Third Party Site”). We may work with a number of partners, affiliates and customers whose sites are linked with Cangrade.com. Cangrade is not responsible for and we do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. Cangrade makes no guarantees about the content or quality of the products or services provided by such sites. Cangrade is not responsible for webcasting or any other form of transmission received from any Third Party Site. The inclusion of any link does not imply endorsement by Cangrade of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Cangrade is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Cangrade respects the intellectual property of others, and we ask our users to do the same. Cangrade may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Cangrade’s Copyright Agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Cangrade does not screen information posted by Users, and no prior approval is required for posting. Cangrade disclaims all copyright and ownership in such works and all responsibility for them.
Although we cannot make an absolute guarantee of system security, Cangrade takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact at firstname.lastname@example.org for help.
If our technical staff finds that files or processes belonging to a user or customer pose a threat to the proper technical operation of the system or to the security of other members, Cangrade reserves the right to delete those files or to stop those processes. If the Cangrade’s technical staff suspects a user name is being used by someone who is not authorized by the proper user, Cangrade may disable that user’s access in order to preserve system security. In all such cases, Cangrade will contact the user and/or customer as soon as feasible.
Cangrade reserves the right to refuse service to anyone and to cancel user access at any time.
6. No Warranty. THE SITE AND ALL MATERIALS, PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CANGRADE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CANGRADE MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CANGRADE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
7. Limitation of Liability. IN NO EVENT SHALL CANGRADE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF CANGRADE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF CANGRADE TO YOU IS $1.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
8. Indemnification. You agree to defend, indemnify and hold harmless Cangrade, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
9. Unsolicited Submissions. Except as may be required in connection with your use of Cangrade Services, Cangrade does not want you to submit any additional unsolicited confidential or proprietary information to us through this Site. All such comments, feedback, information or material submitted to Cangrade through or in association with this Site shall be considered non-confidential and not fall under User Content. By providing such submissions to Cangrade you hereby grant us a license to use, reprint, distribute, modify and create derivative works which will be owned by Cangrade. You acknowledge that you are responsible for the submissions that you provide.
10. Compliance with Intellectual Property Laws. When accessing Cangrade.com or using Cangrade’s Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Cangrade user account.
If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at email@example.com as described above in Section 5.
12. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
13. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
15. Trademarks. Cangrade, Cangrade.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Cangrade. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Through the combination of both internal and third party tracking code as well as cookies, we track the following categories of information when a visitor enters the Site: (1) IP address, (2) domain servers, (3) type of computer used to access the Site, (4) types of web browsers (collectively “Anonymous Data”). Such data does not collect information that identifies you as an individual. Cangrade uses Anonymous Data for internal business, general marketing purposes and to help enhance customer experience on the Site.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags also known as single pixel gifs or web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
For you to access certain services that we offer through the Site, we may require you to provide us with information that can identify you as an individual (“Personally Identifiable Information”). Personally Identifiable Information includes, but is not limited to “Contact Data” (such as your first and last name, physical street address, city, state, zip code, phone number and email address).
Please note that Contact Data and Anonymous Data is used to gather general statistics regarding our customers and visitors, in order to enhance the consumer experience on the Site. We may also use demographic data in a manner that does not identify you specifically or allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.
We use your Contact Data to provide you with special information and promotions regarding our products or to contact a customer regarding an order or to respond to a question or request.
If you post information on any public portion of the Site (where information is intended to be shared with one or more third-party), such information you provide may be available to other members of the Site and other Site visitors. You should use caution when deciding to disclose your personal information in these venues as we do not control who may participate in these interactive forum.
Choice Regarding Disclosure of Contact Information
You may choose not to provide us with any Contact Data, however, you will not be able to access and use portions of the Site that require your Contact Data.
Confidentiality and Security of Contact Information
We use reasonable measures to maintain the security of your Contact Information. However, no company, organization, or online community, including Cangrade.com and Cangrade, can fully eliminate security risks associated with personal information.
We may provide your personal information to third party service providers who work on behalf of or with Cangrade to provide some of the services and features of the Site and to help us communicate with the members of our Site. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).
Cangrade has security measures in place to minimize the loss, misuse, destruction and alteration of the information that you provide us or that we obtain from you. We will have no liability however to you or to any third-party arising out of any such loss, misuse, destruction, or alternation.
Other Limits to Your Privacy
Our Site contains links to other third-party websites (“Linked Websites”). We are not responsible for the privacy practices or the content of the Linked Websites. If you choose to visit other websites, we are not responsible for the Privacy Practices or content of those other websites, and it is your responsibility to review the Privacy Policies at those websites to confirm that you understand and agree with their policies.