Terms and Conditions

Terms and Conditions for Assessment 24x7

These Terms & Conditions and our Privacy Policy (collectively “Terms”) are between Assessments 24x7, LLC (“A24x7x7”) and Licensee (“user”) for access to A24x7’s electronic products and website.  “Product” means individual assessments, other related content, online programs, and certain software, and any portion thereof, that are accessible on the Internet through a uniform resource locator that A24x7 designates or transmitted by A24x7 to Licensee in any other medium.  By accessing or using our services, you agree to comply with and be bound by the following terms and conditions.  Please review these terms carefully before using our service.

1. Service Overview

When accessing or using any A24x7 products, please note the following:

• All assessment purchases are non-refundable.
• Certification fees are non-refundable once the certification process has begun.
• Assessments expire one year after the date of purchase.
• You agree not to infringe upon any copyright, trademark, service mark, or patent right. You also agree not to alter or remove any copyright, trademark, or any other notice from authorized copies of the content of materials and resources without prior written permission.
• Assessments 24x7 reserves the right to increase prices and you will be notified 90 days in advance of any price increase.

2. User Obligations

Every user accessing A24x7’s online products agree to the following:

• Provide accurate and up-to-date information during registration and throughout your use of the service.
• Maintain the confidentiality of your account and password, and assume responsibility for all activities that occur under your account.
• Do not share your account credentials with anyone else.
• Do not use Assessments 24x7 for any illegal or unauthorized purpose.
• Do not attempt to gain unauthorized access to any part of the Assessment 24x7 system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance of Assessments 24x7.
• Comply with all applicable laws and regulations in your use of Assessments 24x7.
• Ensure the safekeeping and appropriate use of the assessment materials.

3. License and Permitted Use

A24x7 grants to you, as user, a non-exclusive, non-transferable, and revocable license to:

• Use the Product as provided herein, until license is terminated as provided in these Terms;
• Access, load, store, and operate the Product with browser Software;
• Access the Product, including the Content, via the Internet;
• Display, download or print portions of the Product on an ad hoc basis for your own personal, academic, educational, research, and professional use, subject to the limitations in these Terms, which shall include reasonable use, rather than excessive use.

Notwithstanding any use permitted above you shall NOT, without the prior written consent of A24x7:

• Decompile, reverse engineer, disassemble, or create derivative works from the Product;
• Remove or obscure any proprietary notices, including, but not limited to, any and all copyright, trademark, and patent designations contained in the Product;
• Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components from, or create derivative works of the Product, except as authorized under these Terms; 

You shall not interrupt, or attempt to interrupt, the operation of the A24x7 website in any way. The A24x7 website may include technological protection measures that effectively control access, reproduction, or distribution of the Product. Any attempt to tamper with or dismantle these protections is a breach of these Terms and may be a violation of the Digital Millennium Copyright Act of 1998, which violation may subject the violator to civil and criminal penalties.  A24x7 Reserves the right to terminate any license to its products at will for any reason, any actual or suspected breach of these terms is considered good cause for termination of any user’s access to the A24x7 products.

4. Limitations and Liabilities

A24x7operates under the following limitations of liability and disclaimers:

• We do not guarantee the accuracy, completeness, or usefulness of any assessment results or content provided through our platform. Your results solely rely on the accuracy of your answers to the assessment questions.
• Use of Assessments 24x7 is at your own risk. The service is provided on an "as is' ' and "as available' ' basis, without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Assessments 24x7 shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
  1. The use or inability to use the service.
  2. Unauthorized access to or alteration of your transmissions or data.
  3. Any other matter relating to the service.
• We do not guarantee that the service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
• Any content downloaded or otherwise obtained through the use of A24x7 is accessed at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• A24x7 makes no warranties regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.
• We reserve the right to modify or discontinue the service, with or without notice, at any time, and are not liable to you or any third party for any modification, suspension, or discontinuation of the service.

5. User’s Representations and Warranties

You represent, warrant, and covenant that:

• You will use the Product in accordance with the Terms and Conditions.
• You shall at all times comply with all applicable laws, rules, and regulations with respect to your Use of the Product.
• You shall not use the Product to infringe, misappropriate, or violate the rights of A24x7 or third parties.
• You shall not knowingly or otherwise introduce to or through the Product any viruses or other items of a destructive nature.

6. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCT AND THE CONTENT AVAILABLE THROUGH THE PRODUCT IS ON AN “AS IS,” “AS AVAILABLE” BASIS, AND A24x7 SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY STATUTORY WARRANTY OF NON-INFRINGEMENT. 

7. Term and Termination

Your access right to the Product will continue or renew automatically unless A24x7 terminates your access, or you notify A24x7 of your decision to terminate your access.  A24x7 Reserves the right to terminate any user’s access at any time at will, with or without cause. 

8. A24x7 Trademarks

You shall not use or refer to any trademarks, service marks, logos, or other identifiers of A24x7, or properties owned, controlled, licensed, or otherwise proprietary to A24x7, without the prior written consent of A24x7. Any such permitted use of any trademarks, service marks, logos, or other identifiers shall inure to the benefit of A24x7.

9. Assignment

You shall not assign your rights, duties, or obligations under these Terms to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law, or otherwise, without the prior written consent of A24x7, and any attempt to do so shall be deemed null and void, and of no effect.

10. Severability

If any provision of these Terms is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity shall remain in full force and effect.

11. Jurisdiction; Choice of Law

These Terms shall be governed by the laws of the State of Washington without regard to the principles of conflicts of laws or provisions regarding such.  Any controversies or claims arising out of or relating in any way to these Terms or a breach thereof, shall be adjudicated in the courts of the State of Washington. If any legal action is brought by either party regarding these Terms, the prevailing party shall be entitled to recover, in addition to any other relief available under applicable law, reasonable attorney fees and expenses.

12. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of the Terms and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.

13. Contact Information

For any questions or concerns about these terms and conditions, please contact us at:
Assessments 24x7
Email: [email protected]
Phone: 206-400-6647

By using A24x7, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.