By establishing an account with JobLingo.com, subsidiary of FullCircle Career Services LLC (“Company”), and by purchasing an online test you (“You”) agree to and accept the terms and conditions of this “Test User Agreement” (“Agreement”).
Scope of Agreement
For each test credit you purchase, FullCircle Career Services LLC grants You a nontransferable, and non-exclusive right and authorization for the limited purpose of administration to one (1) person an assessment instrument or test and related products (collectively “Test”) supplied by FullCircle Career Services LLC.
Test Fee. “Test Fee” shall mean $24.95 U.S. currency per test application (Individual Account) throughout the term of this Agreement. Business Account pricing including volume discounts are available to departments, professional associations, and high volume (over 800 tests annually) provider groups, clinics, and agencies. To obtain a volume discount contact FullCircle Career Services LLC at info@JobLingo.com. Payment is made online by Credit Card (Visa or MasterCard) via PayPal to Company. Other payment options like checks, money orders, client purchase orders, etc, are available and interested parties should contact FullCircle Career Services LLC via our email address.
Copyright and Ownership
You acknowledge and agree that all Tests and Support Materials are copyrighted, are protected by copyright law, and ALL RIGHTS ARE RESERVED. You do not have the right to administer a Test without payment of the Test Fee. Tests (including test items and scoring methodology) shall remain the property of their copyright owner, and You have no ownership rights, right to transfer, or other rights in the Tests except to administer Tests subject to the terms and condition of this Agreement.
Conditions of Use of Tests and Your Obligation
You acknowledge and agree that You or your authorized employees administering the Test: (1) are qualified for test administration and have appropriate training, education and experience and applicable licensing or certification to meet reasonable testing standards; (2) have no professional disciplinary restrictions (including, without limitation, felony convictions or indictments, disciplinary complaints or proceedings, or other legal restrictions) that preclude You from administering Tests; and (3) will administer Tests and use results from such Test administration in accordance with reasonable and appropriate testing ethics and standards. You acknowledge and agree that no decision or diagnosis will be made solely on the basis of Test results and that all FullCircle Career Services LLC Test results will be used in conjunction with review of available records and based on experienced evaluator judgment.
Term of Agreement
Your Breach of Agreement. The Agreement granted herein for a Test shall automatically terminate after each administration and scoring of that purchased Test. The Company may terminate the authorization granted to You immediately if You breach the terms and conditions of use of the Test or your obligations under this Agreement. If You breach your duties under this Agreement, then FullCircle Career Services LLC will suffer immediate and irreparable damages, and You hereby acknowledge that injunctive relief will be appropriate.
Limited Warranties and limitation on liability
If any test provided to you is found to be defective, FullCircle Career Services LLC will replace such test within sixty days after your purchase. FullCircle Career Services LLC makes no other warranties, express or implied, and specifically disclaims other warranties, including (without limitation) any warranty of merchantability or fitness for a particular purpose. FullCircle Career Services LLC shall not be liable for any indirect, incidental, special or consequential damages or loss, whether such damages are based upon a breach of express or implied warranties, breach of contract, negligence, strict tort, or any other legal theory arising out of your use, or failure to use a test. This is true even if FullCircle Career Services LLC is advised of the possibility of such damages. FullCircle Career Services LLC is not liable for the use, interpretation or implementation of test results. In no case will FullCircle Career Services LLC ‘s liability exceed the amount of the test fee(s) actually paid by you to FullCircle Career Services LLC. Some Jurisdictions do not allow the exclusion of implied warranties, so the warranty language above may not apply to you. In such a case, the above limitation of remedies provision shall still apply.
Indemnification
You hereby indemnify and agree to hold FullCircle Career Services LLC harmless from, and against, all claims, demands, cost (including reasonable attorney fees and court costs) and causes of action of any type or nature, in law or equity, which arise from your use, interpretation or implementation of test results. This indemnification shall survive the termination of the conditions of this Agreement.
Computer Equipment or Online Internet Failures
You are responsible for maintenance of your computer equipment and assuring an appropriate Internet connection (if the same is used). FullCircle Career Services LLC is not responsible for any equipment or Internet connection failures, viruses, or your inability to access tests or scoring of tests due to equipment or Internet connection failures.
Severability
Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Arkansas, without giving effect to the conflicts of laws and rules thereof, in accordance with its fair meaning, and neither for nor against the drafting party. The parties agree that any litigation or arbitration arising from the interpretation or enforcement of this Agreement shall be either in Washington County Superior Court or in the United States Federal District Court for the District of Arkansas, and for this purpose each party to this Agreement (and each person who shall become a party) hereby expressly and irrevocably consents to the jurisdiction of such courts.
Entire Agreement
Limitations on Modification or Waiver. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, if any, with respect thereto. No benefit is conferred under this Agreement on any person, firm, or corporation other than the parties to this Agreement. No representation, warranty, or agreement herein may be relied upon by any person not a party to this Agreement. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind between the parties, except as may otherwise be expressly provided herein. No modification or waiver of any term of this Agreement shall be effective against FullCircle Career Services LLC unless it is in writing and signed by FullCircle Career Services LLC.
Understanding of Terms and Condition for Use of Tests
You acknowledge and agree that You have read and understand all the terms of this Agreement, and You agree to be bound by its terms and conditions. If at any time, you can no longer comply with Your duties and obligations under this Agreement, You agree to voluntarily terminate your use of tests and inform FullCircle Career Services LLC of your voluntary termination at FullCircle Career Services LLC’s e-mail address: info@joblingo.com.
Unauthorized use of any FullCircle Career Services LLC online tests, whether in hard copy (paper-pencil) or on the computer monitor to coach or assist clients/offenders to “fake good” is strictly prohibited. All tests and support materials are copyrighted and copyrights will be enforced.