1. Agreement Between You and the publishers of the Congruity Assessment Site, including The Congruity Group and the software platform host (hereafter “Operators”). The following terms and conditions (the “Terms and Conditions”) apply to all visitors to, or users of, this Assessment site. By accessing this Assessment site, You acknowledge acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, the Operators reserve the right to seek all remedies available by law and in equity for such violations. You agree, by entering into this Agreement, that You will be strictly bound to all of the terms and conditions set forth herein.
2. General Use Provisions and Copyright. You acknowledge that the Operators have spent valuable time and effort in developing this Assessment site. Thus, all materials provided on this Assessment site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the “Materials”), and the selection, arrangement and display thereof, are the copyrighted works of the Operators. All Materials herein and all software are proprietary to the Operators and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of the Operators.
3. Limited License. The Operators appreciate the opportunity to enter into this Agreement with You. Thus, as part of the Agreement, the Operators hereby authorize You to view the materials available on this website and participate in the feedback and surveys. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implications, estoppel, or otherwise, any license or right under any patent, trademark, or copyright of the Operators.
4. Software Platform. The Congruity Assessment Site is hosted by Pointerpro, a software platform. You acknowledge that you accept all applicable terms and conditions of Pointerpro, which can be found on https://pointerpro.com/terms-and-conditions/.
4. Trademarks. You acknowledge that the Operators and/or other third parties have made considerable efforts to increase the visibility, and therefore the value, of its trademarks, trade names, and service marks (the “Marks”). As such, the Marks displayed on the Congruity Assessment site are the property of the Operators and/or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of the Operators and/or such third party which may own the Mark.
5. Compliance with Laws, Export Controls. You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
6. Devices. You acknowledge that the Operators have spent considerable time and money in providing these Materials to You and various other individuals. Thus, you acknowledge that the Operators have an interest in maintaining a relatively responsive and reliable Assessment site. As such, You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy our pages or the content contained herein without the prior expressed written permission of the Operators. You agree that You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of this Assessment site or any listing, offer, or transaction being conducted on this Assessment site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Assessment site.
7. No Unlawful or Prohibited Use. As a condition of Your use of this Assessment site, You warrant to the Operators that You will comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the service on this Assessment site and any related activities associated with this Assessment site. In addition, You warrant that You will not use this Assessment site in any way prohibited by these Terms and Conditions.
8. Links to Third-Party Websites. In an effort to provide better service to You, the Operators may provide links to Websites operated by parties other than the Operators. Such hyperlinks are provided for reference only. You acknowledge that the Operators do not control such Websites and are not responsible for their contents. The inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. If You decide to access any of the third-party sites linked to this Website, You do so entirely at Your own risk.
9. General Disclaimer. Although the Operators have attempted to provide accurate information on the Assessment site, the Operators assume no responsibility for the accuracy of the information. All information provided on this Assessment site is provided “as is” with all faults without warranty of any kind, either express or implied. The Operators hereby disclaim all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
10. Limitation on Liability. Neither the Operators nor any of their directors, members, managers, employees, agents, vendors, or suppliers will be liable for any direct, indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Assessment site or any services associated with this Assessment site, or damages from the use of or reliance on the information present on this Assessment site, even if the Operators have been advised of the possibility of such damages. To the extent that that You advise the Operators of any dissatisfaction with anything related to this Assessment site, You agree that You will do so according to the express procedure set forth herein. In return, the Operators shall attempt to reasonably cure such dissatisfaction. You agree that the Operators’ determination of what would be a reasonable cure shall be binding, and You will not contest the Operators’ determination.
11. Opportunity to Cure. Despite the express Limitation on Liability, as set forth herein, the Operators seek to maintain good relations with those who use the Materials. However, the Operators have limited assets and limited capacity to address certain issues. Thus, due to such limitations, the Operators set forth the following procedures for reporting any dissatisfaction. You acknowledge that these procedures are reasonable, and that You will strictly adhere to these procedures for reporting any dissatisfaction with this Assessment site. Should there be any dissatisfaction with any of the services offered by the Operators, You agree to provide express written notice to the Operators, and provide the Operators the opportunity to cure or accommodate the alleged dissatisfaction within a three (3) month period. The three (3) month period shall begin from the date that the written notice is received by the Operators. Such written notice shall be emailed to email@example.com. The written notice shall begin with a subject line (or title), which recites, “Reporting of Dissatisfaction with Congruity Group Assessment Site” You agree to strictly follow these procedures for reporting any dissatisfaction, without any deviation, prior to commencing any other action, legal or equitable, against the Operators and/or any of the Operating Entities of The Congruity Group. If You commence any action against the Operators and/or any of the Operating Entities prior to following these procedures, and prior to providing the Operators and/or the Operating Entities the opportunity to address any alleged dissatisfaction, then You agree to pay all costs associated with such action against the Operators and/or Operating Entities. Such costs shall include court fees, attorneys’ fees, filing fees, incidental costs, travel costs, lodging expenses, and any other costs, both foreseeable and unforeseeable, that are incurred by the Operators and/or Operating Entities in defending against such action. In other words, You acknowledge that the Operators and/or Operating Entities have limited resources, and, as such, You agree to incur any and all costs that are associated with defending any actions against the Operators and/or Operating Entities, whether initiated by You or by the Operators and/or Operating Entities.
12. Modification of the Assessment Site. The Operators (and/or its suppliers) reserves the right in its sole discretion to improve, modify, or remove any information or content appearing on the Assessment site. The Operators may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice.
13. Modification of These Terms and Conditions. The Operators reserve the right to change at any time the terms, conditions, and notices under which this Assessment site is offered and/or operated. Modification of this contract will be deemed effective upon publication on the Assessment site. It is Your responsibility to check terms and conditions of this Agreement at the time of each use.
14. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
15. Entire Agreement. This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between You and the Operators pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements between You and the Operators. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment, or warranty outside those expressly set forth in this Agreement.
16. Choice of Law and Choice of Forum. You agree that this Agreement is governed by the laws of the State of Ohio, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in or nearest to the United States District Court for the Southern District of Ohio, Western Division, in all disputes arising out of or relating to the use of this Assessment site. Use of this Assessment site is strictly prohibited in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
17. Services Not Provided. In connection with Your use of this Assessment site and/or services, You acknowledge and agree as follows (a) the Operators are not responsible for the content of, nor do they endorse, the third-party websites to which You may link using this Assessment site; (b) the Operators do not guarantee the accuracy of any information available on this Assessment site, and are not responsible for any errors, omissions, or misrepresentations, and all information obtained on this Assessment site must be verified independently; (c) the Operators may make changes to its products and/or services and this Assessment site at any time and without notifying You or receiving Your consent; and (d) While the Operators comply with state and federal civil rights laws, the Operators do not monitor transmissions of information by others and thus assumes no liability for the failures of others to comply with such laws.