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1. Introduction
The Assessments Central Internet site ("web site") is owned and operated by Ananya
Solutions, LLC, (“Ananya,” “We/Us”) a San Jose, California based limited liability
company. Your access to the web site, and the tools and services that we as an application
service provider offer to the public, is conditional upon your acceptance and compliance
with the terms, conditions, notices and disclaimers contained in this Agreement
(“Agreement”) and all rules, guidelines and policies published by us on our web
site or elsewhere, (known collectively as "Terms of Service"). Your use of any tool
or service that we provide serves as your express agreement to this Agreement. We
reserve the right to amend the Terms of Service and this Agreement at any time without
prior notice to you. Please periodically review this Agreement so that you may keep
updated as to any changes we make within the structure of this Agreement.
Access to and use of password protected or secure areas of this web site is restricted
to authorized users only. Unauthorized individuals attempting to access these areas
of the Web Site may be subject to prosecution. You are solely responsible for the
security of your password and user ID.
Your registration information, which includes your name, email address and other
information, must be accurate and complete.
What is Assessments Central? Assessments Central is a hosted service providing services
for service providers and businesses to promote business by offering customized
online assessments that provide assessment reports to their clients. This one-shop
service allows service providers to develop, administer and report on targeted assessments.
Such assessments demonstrate the relevance of client owned products and services
so that client business needs and priorities can be evaluated and acted upon.
Targeted skills, certification and readiness assessments and quizzes can also be
created using our tools and services.
Businesses can launch online assessments instantly for current and potential clients.
Clients who take the online assessments will receive detailed assessment reports
based on their responses to the assessments. Businesses can obtain valuable data
on customer leads, skills and interests that will help them in gaining new customers.
Cancellation of Monthly Subscriptions. Members may cancel their subscriptions by
logging into their Paypal account. Members may simply cancel the subscription online,
and their payment will not be processed for the next month. Issues with subscription
cancellation or billing may be addressed by contacting
support@assessmentscentral.com.
2. Intellectual Property Warning
All information, text, material, graphics, software and advertisements on the web
site ("Content") are Copyright © 2009 by Ananya Solutions, LLC, its suppliers, licensors
or other parties unless expressly indicated otherwise on the web site. The Content
is protected by United States and international copyright, trademark laws and other
intellectual property laws, restrictions, regulations and treaties. You are not
allowed to modify, copy, reproduce, republish, frame, upload to a third-party, post,
transmit or distribute this Content in any way except as expressly provided for
on the web site or expressly authorized in writing by Ananya Solutions, LLC. You
are disallowed from using the web site and the Content as provided in any manner
or for any purpose, which is unlawful or in any manner that violates any right of
Ananya Solutions, LLC or which is prohibited by this Agreement.
WARNING: ALL CONTENT PUBLISHED OR OTHERWISE MADE AVAILABLE ON OR
VIA THIS SITE ARE PROTECTED BY STATE AND FEDERAL COPYRIGHT LAWS AND RELATED INTERNATIONAL
TREATIES. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION
ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN
PERMISSION. YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE
DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL
PURPOSES EXCEPT IN THE MANNER AUTHORIZED BY US AND PURSUANT TO YOUR PAYMENT TO US
FOR OUR PROVISION OF TOOLS AND SERVICES.
3. Restrictions
You cannot use our tools or services to create, distribute or otherwise publish,
via the Internet, mobile telephone technology or via any other publication tool
or service, any content that is unlawful, threatening, abusive, defamatory, obscene,
vulgar, hateful, intolerant, pornographic, profane or indecent, or material of any
kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give rise to civil liability or
otherwise violate any applicable law of any jurisdiction.
You are also not allowed to use our tools or services to create, distribute or otherwise
publish, via the Internet, mobile telephone technology or via any other publication
tool or service, any content which violates or infringes upon the rights of any
other person, including material which is an invasion of any privacy or publicity
rights or which is protected by copyright, trademark or any other proprietary right,
or derivative works with respect thereto, without first obtaining permission from
the owner or relevant right holder. You may also not use our tools and services
to transmit any material that contains a virus or any other harmful element of any
nature or any file, script, program or other element that cannot be legally distributed.
We have no obligation whatsoever to monitor the specific manner in which our user
community is using our various tools and services.
However, we reserve the right and have the legal obligation to cooperate fully with
any law enforcement authority in any jurisdiction in respect of any lawful direction
or request to disclose the identity or other information in respect of anyone misusing
or potentially misusing any of our tools and services whereby such usage allegedly
violates any applicable or relevant laws of any jurisdiction.
All applicable federal, state and local laws govern user access to this web site.
All information available on or via this web site is subject to U.S. export control
laws and may also be subject to the laws of the country where you reside if you
reside outside of the U.S.
4. Disclaimer and Limitation of Liability
Various laws may confer rights and remedies on you in relation to our provision
of tools and services that cannot be excluded, restricted or modified ("Inherent
Legal Rights"). We do not exclude any Inherent Legal Rights but we do hereby exclude
all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Inherent Legal Rights: a) all tools, services and
content are provided "as is" and without warranties of any kind, either express
or implied; b) We expressly disclaim all warranties of any kind including but not
limited to implied warranties of merchantability and fitness for a particular purpose;
c) We do not warrant that the functions, tools, services and content that we provide
or your access to our web site will be uninterrupted or error-free, that any defects
will be corrected or that the web site or the server which stores and transmits
data, files and other information to you to you are free of viruses or any other
harmful components; d) we do not warrant or make any representation regarding your
access to, or the results of your access to, the web site (including our functions,
tools and services) or any content of any nature in terms of correctness, accuracy,
timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on our
part) will we be liable for any indirect, incidental, special and/or consequential
damages or loss of profits whatsoever which result from any use or access of, or
any inability to use or access, our website or any function, tool or service we
provide to you. ;
To the fullest extent permitted by law, our liability for breach of any implied
warranty or condition, which cannot be excluded, is limited to our return of any
monies you have paid to us during the most recent thirty-day period.
5. Termination
The Agreement and the Terms of Service are effective until terminated by us, and
we may terminate this Agreement and your access to our web site and our functions,
tools and services at any time without prior notice to you. In the event of termination,
you are no longer authorized to access the web site, or use our functions, tools
or services, but all restrictions imposed on you, licenses granted by you and all
disclaimers and limitations of liability set out in this Agreement will survive
the termination of this Agreement.
6. General Terms and Conditions.
You agree to indemnify us for any losses, damages, fees, costs and reasonable attorney’s
fees relating to any material breach of this Agreement by you.
This agreement will be governed by and construed in accordance with the laws of
Delaware. You irrevocably and unconditionally submit to the exclusive jurisdiction
of the courts of Delaware, excluding any choice of law or conflict of law provisions.
If any provision of this agreement is found to be invalid or unenforceable by a
court of law, such invalidity or unenforceability will not affect the remainder
of the agreement, which will continue in full force and effect.
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