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Effective Date: January 27th, 2023
These Terms of Use (the "Terms of Use" or "Terms") apply to the services and information (collectively, the "Services") that Realign, Inc. ("Realign", "we", "our", or "us") provides to you through the website at https://www.jobtest.org (our "Website" or "Site") (the Services and the Website are collectively referred to as the "Platform").
Our Platform is designed to offer career counseling services using our proprietary career test (the “Test”). We use our Test to gather certain information about you, such as your academic background, personal history, and personality, and utilize such data to generate a personalized report with recommendations on career paths (each a “Report”).
To assist you in using the Platform and to ensure a clear understanding of the relationship arising from your use of the Platform, we have created these Terms of Use and the Privacy Policy. Our Terms govern your use of our Platform, and our Privacy Policy explains how we treat information that we have about you. Our Terms apply to anyone that uses or visits our Platform (collectively, "you" and "your").
By accessing our Platform, you acknowledge that you have read these Terms and agree to be legally bound by them. We may also confirm your agreement to be bound by these Terms by asking you to click an "I accept" or similar button when you access certain portions of our Platform, such as during the registration process. IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE DO NOT USE OUR PLATFORM.
Moreover, if you are agreeing to these Terms on behalf of a company, an organization, or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE PLATFORM AND PARTICIPATE IN THE SERVICES. DO NOT USE THE PLATFORM OR PARTICIPATE IN ANY SERVICES IF YOU ARE UNDER THE AGE OF 18. BY ACCESSING OR USING THE PLATFORM, PARTICIPATING IN ANY SERVICES, OR REGISTERING TO BECOME A REGISTERED USER, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS.
Our Privacy Policy explains, among other topics, how we treat information that you provide to us through the Platform. By accessing our Platform, you consent to our privacy practices as set out in our Privacy Policy, which is available here: https://www.jobtest.org/privacy.
In order to access and participate in certain Services, you must create an account on our Website as a registered user (“Registered User”), and be logged into your account. For example, you must become a Registered User in order to access your Reports, configure your profile and preferences, and otherwise manage your account.
To become a Registered User, and to participate in certain Services, you may be required to agree to certain other terms and conditions with Realign and/or our service providers. As further set forth in Section 20 (Relationship to Privacy Policy and Other Contracts), your use of our Platform as a Registered User is subject to and governed by the terms of other agreements into which you may enter in addition to these Terms.
During the registration process, you must provide certain information. You agree that the information you provide to us in this process is complete and accurate. If you become a registered user and obtain a password, note that we will treat anyone who uses your user name and password as "you", and you agree to be responsible for all uses by anyone using your password. Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.
We may charge fees for certain products and services offered through the Platform, including to obtain access to your Report. The price and availability of any such product or service are subject to change without notice. You agree to pay all charges that you may incur in connection with your use of the Platform at our then-current pricing. We do not process payments ourselves – our Platform includes services made available by reputable payment services provider(s) ("Payment Processor(s)") that you must use to process payments. The Payment Processors that We may use in this regard include Stripe, Inc. Please note that your use of the Payment Processor's services may be subject to Your acceptance of such Payment Processor's own terms and conditions.
Refunds of any payments made are offered on the terms set forth in our Refund Policy.
The Test, Reports, software, video, audio, pictures, trademarks, text, logos, and other content on the Platform, including any Third Party Content (as defined below), and all other intellectual property embodied in the Platform (collectively, the "Platform Content") are the property of Realign and its licensors and protected by copyright and other intellectual property laws, or used under the principles of fair use. We and our licensors retain all rights with respect to the Platform and the Platform Content, except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from Platform Content or other materials presented through the Platform, unless specifically authorized in writing by us. The term Platform Content expressly excludes Submitted Content.
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferrable right to access and use, strictly in accordance with these Terms, all publicly available and, if expressly authorized, password-protected areas of our Platform and Platform Content to: (i) learn more about us and the services and products that we offer; (ii) complete the Test; (iii) to the extent you have registered with us and paid the applicable fees, access your Report, and download and print a single copy of your Report, and share it with your family, friends, and career advisors; (iv) provide Submitted Content to us through the Platform; (v) participate in and receive those Services that we make available to you; and (vi) access other information that we make available through our Platform (collectively, the "Permitted Uses").
You agree that: (a) the Platform and Platform Content are made available solely for your personal, non-commercial use; (b) the Permitted Uses are solely for personal, non-commercial use; and (c) you shall not use the Platform or Platform Content for any purpose other than the Permitted Uses.
We may give you the ability through the Platform to provide information and materials that you wish to share (collectively, the "Submitted Content"), including in connection with the Test. By providing Submitted Content, subject to Section 8.5 (Personal Information) and your rights set out in our Privacy Policy, you authorize us to copy, modify, publicly display, distribute, publicly perform, use, and otherwise exploit the Submitted Content in connection with our provision of the Services, and as provided in our Privacy Policy (the “Use Rights”).
By providing Submitted Content, you represent and warrant that (i) that you own the Submitted Content (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide the content and to grant the Use Rights; (ii) the Submitted Content is accurate, complete, and up-to-date; (iii) the Submitted Content will not infringe upon, violate, or otherwise conflict with any third party rights; (iv) you have not breached and will not be in breach of any agreement you have entered into with any third party; and (v) the Submitted Content will be in compliance with all applicable laws.
We reserve the right to refuse to use, disable, or remove Submitted Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Platform or operations.
To the extent that Realign is made aware of a Third Party Claim (as defined in Section 11 (Indemnity)), including by you, to assist in resolving the Third Party Claim, we, in our sole discretion, will take down the Submitted Content in question. We do not provide any assurance that any such take down will resolve your dispute. If Third Party Claims are brought against Realign related to your Submitted Content uploaded or posted on the Realign Platform by you, you agree to indemnify Realign pursuant to Section 11 (Indemnity).
Notwithstanding anything to the contrary, if you provide us with Personal Information (as defined in our Privacy Policy), then we will treat such Personal Information in accordance with our Privacy Policy. By providing us with your Personal Information, you authorize us to copy, modify, publicly display, distribute, publicly perform, use, and otherwise exploit the Personal Information in accordance with our Privacy Policy. If you provide us with any Personal Information relating to another individual, then you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy. In addition, certain Personal Information that you include in Submitted Content may be posted on our Platform or otherwise used and made publicly available. As such, please use discretion when including Personal Information and other details in Submitted Content that you provide to us.
By using our Platform, you agree to comply with these Terms and to otherwise comply with the following Code of Conduct, under which you shall not:
We reserve the right at any time to (i) monitor your use of the Platform, and (ii) terminate or suspend your use of some or all of our Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 21 (Contact Us).
The Platform may contain links to third party websites (each, a "Third Party Site"). We have no control over these Third Party Sites or their content, and we do not assume responsibility or liability for any content, opinions, or material available on them. Third Party Sites may include websites operated by third parties that we engage to provide certain services to you on our behalf. The Platform may also contain data or other materials that are made available by third parties, or content that are based on such third party data or other materials (such as graphs and visualization) ("Third Party Content").
Realign does not own these Third Party Sites or Third Party Content. We expressly disclaim, and do not assume, any responsibility or liability for any Third Party Content, or any content, opinions, or material available on Third Party Sites, or such Third Party Sites' privacy practices with respect to information that you provide via the Third Party Sites. We do not endorse the content of any Third Party Site or represent or warrant that a Third Party Site is or will be free of computer viruses or other harmful code that can impact your computer or other web-access device. We encourage you to review any Third Party Site's terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such Third Party Site and any information that they collect. By using the Platform to link to another site (including Third Party Sites) or by using or relying upon Third Party Content, you agree that such use is at your own risk.
You agree to defend, indemnify, and hold Realign and its affiliates, officers, directors, agents, and employees harmless from and against any liability to third parties, including reasonable attorneys' fees, arising from or related to your use of our Platform or breach of these Terms or the Privacy Policy (each a "Third Party Claim"). We shall give you timely notice of, and have the option to undertake and conduct the defense of any such Third Party Claim, if you are not diligently prosecuting such defense.
Realign is not responsible or liable for Submitted Content or user conduct. You are solely responsible for your Submitted Content, conduct, and interaction with other Platform users, both online or offline. If you have a dispute with another user, then you hereby release Realign (and our officers, directors, agents, employees, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
REALIGN DOES NOT PROMISE THAT THE PLATFORM OR ANY PLATFORM CONTENT (INCLUDING THE TEST, REPORTS, AND THIRD PARTY CONTENT) WILL BE ERROR-FREE OR UNINTERRUPTED. THE PLATFORM AND PLATFORM CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS OR USE THE PLATFORM OR PLATFORM CONTENT, YOU DO SO AT YOUR OWN RISK. REALIGN DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM, IF SUCH MATERIALS ARE AVAILABLE TO YOU FOR DOWNLOAD, WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
REALIGN DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT), INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF, INCLUDING ANY RELIANCE UPON, THE PLATFORM AND PLATFORM CONTENT (INCLUDING THE TEST, REPORTS, AND THIRD PARTY CONTENT) IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL REALIGN BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM, PLATFORM CONTENT, OR SUBMITTED CONTENT.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE PLATFORM, PLATFORM CONTENT, OR SUBMITTED CONTENT EXCEED THE LESSER OF: (I) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE RESULTING IN SUCH LIABILITY; OR (II) ONE HUNDRED U.S. DOLLARS (US $100).
From time to time, we may change these Terms for our business purposes and to comply with changes in applicable law. In the event of substantive or material changes, we may communicate these changes to you by posting the updated Terms on the Platform and/or notifying you of the change via the Platform, email, or other methods. Any changes to these Terms shall take effect proactively. Regardless of whether we have provided you with notice other than by posting updated Terms on the Platform, your subsequent acceptance of these Terms pursuant to Section 1 (Your Agreement) constitutes your agreement to be bound by the Terms, as updated.
These Terms shall not be assignable by you, either in whole or in part, without our prior written consent. Realign reserves the right to assign its rights and obligations under these Terms without your consent.
These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in the Middle District of Florida and Duval County. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Realign's failure to act with respect to a breach by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Subject to Section 20 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Realign and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Section 6 (Ownership; Reservation of Rights); (ii) Section 11 (Indemnity); (iii) Section 13 (Warranty Disclaimer); (iv) Section 14 (Limitation of Liability); (v) Section 16 (Assignment); (vi) Section 17 (General); and (vii) Section 18 (Survival).
Certain portions of the Platform may be subject to additional or different terms and conditions. We will notify you if a portion of the Platform is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such portion of the Platform if you do not agree with the differing terms and conditions.
These Terms must be read in conjunction (i) with other agreements into which you and Realign may enter, and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.
If you have any questions about these Terms, our practices, or your dealings with the Platform, then please contact us at support@jobtest.org or by other means of communication as described on our Platform.
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