("The Company") shall include The Company's, officers, directors, employees, agents or representatives, partners, sub-contractors or third parties using the Site or Services Equipping Profile ("Services") shall include any services, consulting or products offered by Equipping Profile by its officers, directors, employees, agents, representatives, partners, affiliates, sub-contractors or third parties.
The trademarks, service marks, copyrights and logos used on this website ("Site") are trademarks of Equipping Profile, its subsidiaries (Equipping Profile") are registered trademarks in the United States of America and other countries. This list is not a comprehensive list of all trademarks or copyrights. Any inquiries regarding these trademarks or whether any other name or logo should be directed to Equipping Profile at 805-331-4964. Other brands, product names, trademarks and logos appearing on this Site are the property of their respective owners.
© Copyright 2020
Equipping Profile All Rights Reserved.
U.S.Government Restricted Rights - The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions
as set forth in applicable law and regulations. Use of the materials by the Government constitutes acknowledgement of Equipping Profile, and its proprietary rights in them.
TERMS & CONDITIONS
The following are terms of a legal agreement between you and Equipping Profile Your access to and use of this Site is subject to your compliance with all applicable laws and the following terms and conditions. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions herein. If you are using this Site on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer's behalf. This Agreement shall automatically terminate upon failure by you to comply with its terms.
- The copyright and other proprietary rights in all information, data, text, software, music, audio, photographs, graphics, video, messages, software or other materials ("Content") contained on this Site is owned by Equipping Profile, officers, or others. Equipping Profile, authorizes you to download, copy, display and distribute the Content contained on this Site, provided that such use shall be for non-commercial, internal use only by you or within your organization. In consideration of this authorization, you agree that any Content, including copies, obtained from this Site shall retain all copyright and other proprietary notices contained therein and you agree that all artwork, including graphics, video content and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of Content contained on this Site including without limitation, reproduction, distribution, modification, adaptation, or republication,
without the written permission of Equipping Profile, is expressly prohibited. You may not "frame" or "mirror" any Content contained on this Site unless authorized in writing by Equipping Profile Unauthorized use of documents, images, software and other proprietary material may violate copyright, patents, trademark, privacy, right to publicity, export, and communications laws and regulations.
- The trademarks, patents, service marks, and logos displayed on this Site are registered and common-law trademarks of Equipping Profile and its officers. No license or right to use any trademark contained on this Site is granted whether by implication, estoppels, or otherwise and any use of any trademark contained on this site is expressly prohibited unless authorized in writing by Equipping Profile, or such other third party trademark holder. Any inquiries regarding these trademarks or whether any other name or logo is a trademark of Equipping Profile should be directed to Equipping Profile at support@Equipping Profilego.com.
- Links to other websites contained in this Site are intended only for informational purposes. Neither Equipping Profile nor this Site is sponsored or affiliated with any particular linked entity unless expressly stated; the existence of any particular link is intended only to imply potential interest to visitors of this Site. These linked sites are not controlled by Equipping Profile, and Equipping Profile, may not have reviewed any or all of the linked sites and Equipping Profile MAKES NO REPRESENTATIONS OR WARRANTIES AND ASSUMES NO RESPONSIBILITY WHATSOEVER REGARDING ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE.
- THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Equipping Profile,OR ITS SUPPLIERS CLIENT, PARTNERING COMPANY OR AFFILLIATE BE LIABLE TO ANY PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, JOB LOSS OR OTHER LOSS OF OR DAMAGE TO PROPERTY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), CLAIMS OF THIRD PARTIES, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING AS A CONTRACT, NEGLIGENCE, OR TORT ACTION, IN CONNECTION WITH USE OF THIS SITE, EVEN IF Equipping Profile, OR ITS SUPPLIER,CLIENT, PARTNERING COMPANY OR AFFILLIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. You retain all of your ownership rights in your content, but you provide to Us (and our designees) a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, copy, disclose, distribute, prepare derivative works of, display, and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, any ideas, concepts, know-how or techniques contained in any communications you post to this Site and you confirm that you have all necessary rights and licenses to enable us to do so.
- Types of personal data:
The services under the Agreement may involve the processing of the following types of personal data:
- "Identification Data" which means information such as the Candidate's name, email address, and other contact details.
- "Assessment Data" which means the Candidate's responses in the Assessments. This may mean include, or may allow the Company to deduce information such as as:
We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- motives; and
- behavior in the workplace;
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party anywhere in the world;
that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licenses and/or approvals;
which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website;
which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".
You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Website will cease immediately.
- Services. It is understood and agreed that Equipping Profile its clients, partners, affiliates, consultants or its representatives services may include advice and recommendations, but all decisions in connection with the implementation of such advice and recommendations shall be the sole responsibility of, the person using this site or The Company you represent, if you are representing a Company. You fully understand and agree that Equipping Profile services are limited to providing this web service/s and that all decisions in connection with such services or advice are solely the responsibility of you or the Company you represent. You also duly notice and agree that the web-service, Targeted Performance Coaching is an educational service and it is provided for employees of yourself or the Company you represent and you understand and agree that Equipping Profile services are limited to providing this educational service and that any and all decisions, actions, or results
in connection with said service is the sole responsibility of yourself or the employee using the service or the Company you represent that is using said service or services.
You fully understand and agree the various organizations use our site and services of this site for hiring and or pre-hiring assessments and bench methodology and also my use with existing employees of their organizations. Information obtained in this assessment and benching process is treated as proprietary to the organization using our services and Equipping Profile, and this information maybe be shared to the appropriate management as deems applicable.
You agree to abide by any and or all pre-hiring assessment laws within local, state, federal and internationally when you use this site.Equipping Profile is not responsible for your use of any results posted by you or the candidate/s information. You agree that any use of site is at you sole choice and full legal responsibility. If as a result of your use of this site and its contents or assessment, and any legal issues arise from any candidates on this site that creates any legal action or litigation, and you, your candidate choose to take any legal action for any reason you agree to pay any legal costs including defending costs incurred by Equipping Profile, its company and or executives, shareholders, employees, partners, directors or affiliates.
- Information and Data.You agree that Equipping Profile its officers, partners, affiliates, consultants or its representatives, in the course of the use of this site or assessment process hereunder, will rely upon (a) information supplied by yourself or the Company you represent, which information you or the Company you represent hereby warrants shall be complete and accurate in all material respects and not misleading and (b) publicly available information.
- Limitation on Liability and Indemnification.You and or the Company you represent agrees that Equipping Profile its officers, directors, employees, agents, affiliates, representatives, partners or third parties will not be liable to you or the Company you represent for any claims, liabilities, or expenses, (which may also include any primary claim or subsequent claim regardless of the claim), relating to any assessment, profile, pre hiring assessment services, other services, products or engagements for an aggregate amount in excess of $500.00 and this limit also includes any fees paid to Equipping Profile its officers, directors, employees, agents, affiliates, representatives, partners or third parties pursuant to any Agreement or claim. In no event will Equipping Profile be liable for consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense relating to this the use of this site, assessments, products or services except the $500.00 maximum limit. By using this site and its services you and the Company you represent will indemnify and hold harmless Equipping Profile and its officers, directors, employees, agents, affiliates, representatives, partners or third parties from any and all claims, liabilities, and expenses relating to the use of this site or its products or services.
This indemnification and the limitation on liability set forth herein shall include, without limitation, any liability related to or resulting from any information provided by yourself or the Company you represent, its officers, directors, employees, agents or representatives, or third parties, that is inaccurate in any respect as a result of misrepresentation, omission, failure to update, or otherwise, regardless of whether Equipping Profile knew or should have known of such inaccuracy. In the event that the foregoing indemnification is not available, Equipping Profile aggregate share of liability to you or the company you represent and any third parties shall not exceed $500.00 for any and all claims combined.The limitation on liability and indemnification provisions of this Agreement will apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise. The agreements and undertakings of yourself and the Company you represent contained in this Agreement, such as those pertaining to restrictions on report use and distribution, limitation on liability, and indemnification, will survive the completion or termination of this Agreement.
- U.S. Government Restricted Rights - The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure the Government is subject to restrictions as set forth in applicable law and regulations. Use of the materials by the Government constitutes acknowledgement of Equipping Profile proprietary rights in them.
- Although Equipping Profile may from time to time monitor or review discussions, chats, postings, transmissions, coaching, data, text, bulletin boards, and the like on the Site or connecting client sites, Equipping Profile is under no obligation to do so and assumes no responsibility or liability arising from the content, data or text or educational content, instructions, consultations of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.Equipping Profile will fully cooperate with any law enforcement authorities or court order requesting or directing Equipping Profile or its officers, to disclose the identity of anyone posting any such information or materials.
- Software and other materials from this Site may be subject to United States Export Control.You agree to comply with all applicable international and national laws that apply to software, including the U.S.Export Administration Regulations, as well as end - user and destination restrictions issued by U.S.and other governments.Equipping Profile does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
- Equipping Profile may at any time revise these Terms and Conditions by updating this posting. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions and you should therefore periodically visit this page to review the then - current Terms and Conditions or contact Equipping Profile at support@Equipping Profilego.com
© Copyright 2020 Equipping Profile All Rights Reserved.