Terms and Conditions of Use
Posted/Revised: 12/12/2024
Welcome to On Demand Assessment and related services. Criteria Corp, a California corporation, and its affiliate entities-such as Criteria Australia Pty Ltd, an Australian corporation (ABN 58 089 022 202) and others (collectively, “ We ” or “ Company ”) makes available to you, the test-taker, certain Criteria web-based employment testing and assessment applications and services (collectively, “Service”) as determined by your employer or prospective employer (“ Employer”), subject to your compliance with the terms, conditions and notices in these On Demand Assessment Terms and Conditions of Use, the Privacy Policy - http://www.ondemandassessment.com/home/privacy and the Acceptable Use Policy (“AUP”) - http://www.ondemandassessment.com/aup.htm (collectively, “ Agreement”). This Agreement governs your access to and Company's provision of the Service and is effective as of the first date you use the Service or click "I agree" - whichever occurs first. Please read this Agreement carefully. We reserve the right to limit or terminate your use of the Service if you fail to comply with any term of this Agreement. We may revise terms of this Agreement at any time by updating this posting as indicated in Section 12.
BY USING THE SERVICE AND/OR CLICKING "I AGREE," YOU EXPRESSLY (A) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY; (B) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND BE HELD LIABLE FOR ANY NONCOMPLIANCE WITH THIS AGREEMENT; AND (C) UNDERSTAND AND AGREE THAT THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO ACCESS OR USE THE SERVICE.
1. Eligibility and Access to the Service
(a) To access the Service, you must be a current employee or a good faith applicant of the Employer and invited to use the Service by your Employer.
(b) You must sign in with the EventID or log-in details provided to you by your Employer. If you receive an EventID, we recommended that you make a note of, and save, your EventID in the event that you require technical support.
(c) You may need to set up an account to access and/or use certain features of the Service, such as Develop™. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to us is and will be accurate, complete and up-to-date at all times.
(d) You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service.
2. Your right to use the Service
(a) The Service, and any information or materials we make available through the Service (such as test, survey questions, or test feedback) (our “Content”), are protected by copyright and other laws and treaties around the world.
(b) You agree that all trade secrets, copyrights, and other intellectual property rights in the Service and our Content belong to us or the people who have licensed those rights to us.
(c) We give you a right to access the Service and any Content that We may deliver to you under this Agreement solely for the purpose of assessment(s) requested by your Employer. Your right to use the Service and any Content that We may deliver to you is personal to you and you are not allowed share it or to give this right to any other person. In your use of the Service, you shall not allow anyone to take any tests or surveys for you or through your account.
(d) You agree that you have no rights in or to the Service other than the right to use it in accordance with this Agreement.
(e) Unless allowed by this Agreement or as permitted by the functionality of the Service, you agree:
(i) not to copy, or attempt to copy, any portion of the Service, including without limitation the Content;
(ii) not to give or sell or otherwise make available any portion of our Service to anybody else;
(iii) not to change or attempt to change any portion of the Service;
(iv) not to look for or access the code of any portion of the Service that we have not expressly published; and
(v) to take reasonable steps to prevent unauthorized access to the Service, including without limitation by protecting the EventID, your account and log-in details. You will immediately notify us if You become aware of or reasonably suspect any unauthorized use of or access to the Service.
3. Your Privacy
We are committed to protecting and respecting your privacy, and will only use any personal information you provide in connection with your use of the Service in accordance with the our Privacy Policy. By accessing or using the Service, you consent to the collection, use, sharing and storage of your information as outlined in the Privacy Policy.
4. Your Content
(a) You confirm that any images, text or information that you make available or create while using the Service or upload to the Service ("User Content") will comply with the requirements of the AUP.
(b) We do not claim ownership of your User Content, but you grant us the right to collect it, use it in connection with delivering services to Employers (including sharing Candidate Data and making your User Content available to Employers), and store it.
(c) If you include any content owned by a third party in your User Content, you confirm that you have the right to do so.
(d) Our right to use your User Content does not in any way affect your privacy rights.
(e) You agree not to provide any of the following to the Service: (i) private information about your health, including without limitation "protected health information" as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"); or (ii) any sensitive personal information as defined in the Australian Privacy Act 1988 (Cth) or other applicable privacy legislation, including without limitation U.S. social security numbers, passport number, driver’s license number or similar identifiers from other jurisdictions, credit reporting information, and your credit card numbers. Except as required by applicable law, COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY DATA BREACH OR OTHER EXPOSURE OF INFORMATION LISTED ABOVE IN THIS SECTION 4(e).
5. Ending Our Relationship
(a) We may immediately end your use of the Service if you breach this Agreement or any other rule(s) or terms and conditions we set for accessing and using the Service, including the AUP.
(b) We may also withdraw the Service as long as we give you prior notice.
(c) Unless legally required otherwise, we may delete your User Content or any other information about you when (i) you or We end your use of the Service or we withdraw the Service; (ii) the Employer’s account is deactivated; or (iii) required by applicable law. You will also lose any rights to use the Service or to access any of our Content or your User Content. We are not required to compensate you for any related losses.
(d) This Section 5 is subject to your legal rights to personal data under the law of the country in which you reside.
6. Our Liability / Responsibility to You
(a) THE SERVICE AND CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, WITHOUT DELAYS, OR ERROR-FREE OR MEET YOUR EXPECTATIONS. WE DO NOT GIVE ANY COMMITMENT RELATING TO THE PERFORMANCE OR AVAILABILITY OF THE SERVICE AND, TO THE EXTENT WE ARE ABLE TO DO SO UNDER APPLICABLE LAW, IT EXCLUDES ANY COMMITMENTS THAT MAY BE IMPLIED BY LAW, INCLUDING ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, CONTENT AND RELATED MATERIALS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
(b) IN THE EVENT OF A CLAIM ARISING OUT OF THE PROVISION OF THE SERVICE OR CONTENT, OUR RESPONSIBILITY TO YOU WILL NEVER BE MORE THAN $1,000. IN ANY EVENT, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR FOR ANY PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THE PRECEDING SENTENCE APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF COMPANY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 6(b), our liability will be limited to the maximum extent permissible.
(c) You recognize and agree that We are not responsible or liable for any act of the Employer, including without limitation (a) any wrongful termination, discrimination in hiring, or other wrongdoing related to employment; (b) any Employer violation of applicable law, including without limitation, federal, state, and local employment and anti-discrimination laws and regulations; and (c) any Employer failure to protect your name, address, e-mail address, other private or personally identifiable information, or test or survey answers, test feedback, or any other information about you (collectively, “Candidate Data”).
(d) You understand that We have no control over the Employer's use of your Candidate Data and that you should address issues related to such use with the Employer. You recognize and agree that We have no responsibility for any Employer conduct related to checks on your background, that Company is not a consumer reporting agency and does not generate background reports (sometimes referred to as consumer reports or investigative consumer reports), and that We will neither obtain nor maintain on our servers any background report on you.
7. Taking the Tests & Score Reports
(a) You shall not assist anyone else in taking any assessment, questionnaire or service made available through the Service, or use the aid of any person or reference, or other aid beyond your own memory and skills, in completing the tests or surveys, unless you are instructed to do so in writing by the test or survey written instructions or by the Employer.
(b) In the event you have a disability for which you require accommodations for employment testing under applicable law, it is your responsibility to notify the Employer or individual or organization that has asked you to use the Service and to request such accommodations. You agree to send a copy of such notification to us as set forth below or such other address as We may designate in writing.
To Criteria Corp: Chief Operating Officer, Criteria, 750 North San Vicente Blvd. Suite 1500 East Tower, West Hollywood, CA 90069
To Criteria Australia Pty Ltd: Chief Revenue Officer, Criteria Australia Pty Ltd Level 18, 333 Ann Street Brisbane, QLD 4000, with a copy to the Chief Operating Officer, Criteria, 750 North San Vicente Blvd. Suite 1500 East Tower, West Hollywood, CA 90069
Via email to: Help@Criteriacorp.com, Subject: Accommodations Request
(c) Responding to certain tests by holding down a response key may cause screen flickering that may cause discomfort or other more serious reactions in individuals with photosensitivity conditions such as epilepsy, so caution is advised. If you have this concern, please notify the Employer and copy us as specified above before taking any tests.
(d) You understand and agree that regardless of test items or questions, the Content does not include "psychological tests." Tests are not being administered by a mental health professional, in a medical setting, or for the purpose of providing a diagnosis for any mental or medical condition, and they are not designed or intended to be used as such. They are employment related assessments, one of a variety of factors to be used for the purposes of determining match or fitness for a job or position, based on the knowledge, skills, and abilities required for that job or position. Test results may also be used to assist Employers to manage teams by identifying key traits and strengths of team members.
(e) You understand and agree that: (i) we have no obligation to provide scores, score reports or test feedback to you; (ii) we will provide your score report(s) to the Employer; (iii) if you are using Develop™ we will provide you with a score report which will include your test results and/or the test results of members of your team as designated by your Employer; (iv) we have no control over the use of your score reports by your Employer and/or designated team members; (v) when using the Service (other than Develop™), we may provide test feedback when and if available. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY USE BY YOU OF ANY TEST CONTENT WE MAY SHARE OR USE THE EMPLOYER (INCLUDING TEAM MEMBERS) MAKES OF YOUR SCORE REPORT(S), INCLUDING WITHOUT LIMITATION USE THAT MAY INJURE YOU, SUCH AS DISCLOSING YOUR SCORES TO THIRD PARTIES OR MAKING ADVERSE EMPLOYMENT DECISIONS BASED ON YOUR SCORES.
8. Dispute Resolution
(a) To the extent permitted under the applicable law, you and Company agree that each may bring claims against the other only in your or Company’s individual capacity and not as a plaintiff or class member in any purported class action or representative action. Unless both you and Company agree, no judge or arbitrator may consolidate more than one person's claims or otherwise preside over any form of a representative or class action proceeding.
(b) These Terms of Service shall be governed solely by the internal laws of the State of California without reference to any principle of conflicts of law that would apply the substantive laws of another jurisdiction to the parties' rights or duties. To the extent permitted by applicable law, the parties consent to the personal and exclusive jurisdiction of the federal and state courts of Los Angeles, California (“Courts”).
(c) Except for claims subject to binding arbitration or as otherwise provided below, venue for any claim brought by any party will exclusively lie in the Courts. You agree that any dispute or claim that you bring against us arising out of or in connection with this Agreement will only be adjudicated by (i) arbitration by a single arbitrator in Los Angeles, California and in accordance with the rules of the American Arbitration Association; or (ii) in the small claims court located in Los Angeles County, California (if your claim so qualifies). ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT OTHER THAN A SMALL CLAIMS COURT. If you elect to file a small claims court action or to seek arbitration, you must first send a written notice of your claim to us by certified mail and allow fifteen (15) days for us to respond before filing your claim. This notice must be addressed to:
Criteria Corp
750 N. San Vicente Blvd., Suite 1500 E. TowerWest Hollywood, CA 90069Attn: Chief Operating Officer
Or
Criteria Australia Pty LtdLevel 18, 333 Ann Street Brisbane, QLD 4000Attn: Chief Revenue Officer
with a copy to the Chief Operating Officer, Criteria, 750 North San Vicente Blvd. Suite 1500 East Tower, West Hollywood, CA 90069
Any action based on a breach of any provision of this Agreement by you may be brought by Company to the Courts. Notwithstanding the foregoing, Company may seek injunctive relief at any time.
(d) If you are in the European Economic Area, the provisions of Section 8 do not affect your rights under the law of the country in which you live, including (where applicable) your right to have a dispute in relation to your use of the Service heard in the courts of that country.
(e) If you are in Australia or a country within the Asia-Pacific region, you consent to the non-exclusive jurisdiction of the Courts in the State of Queensland.
9. Severability
If any provision of the Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.
10. No Waiver and Complete Agreement
Any failure by Company to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, including our Privacy Policy and AUP, constitute the entire understanding between Company and you with respect to the Services.
11. Translations
Any interpretation or construction of this Agreement is based solely on the English language official text. To the extent we provide any language translation of this Agreement, such translation is provided for solely for convenience.
12. Changes to the Agreement
We may update any of the terms in this Agreement at any time by posting new versions at http://www.ondemandassessment.com/home/terms. Any change or update to this Agreement will only apply to and govern your use of the Service after the effective date of the change. Each time you use the Service you will be required to execute the new Terms of Service to form a new agreement.
