Ingelix Terms of Service
Last updated June 11, 2018.
These Terms constitute a binding agreement between you and Ingelix (“Ingelix”), and are deemed accepted by you each time that you use or access the Site or Services. If you do not agree to these Terms, do not use the Site or Services.
Ingelix may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms.
Users who violate these Terms may have their access and use of the Site and Services suspended or terminated, at Ingelix’s discretion.
You must be 16 years or older to visit the Site or use the Services. If you are younger than 18 years old, then you may only use the Site and Services with the approval of your parent or guardian.
When you apply for a job, you may access the Site or use the Services. The Services are used through other sites on the Internet which are owned and operated by third parties (the “External Sites”). The job opportunities for which you apply are created by people over whom Ingelix exercises no control. You acknowledge and understand that we have no control over the content of the job listings or other information where the Services are used. We cannot confirm that users or employers are who they claim to be. Ingelix assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, information, or web site through which our Services are used or any web site which links to our Site. You acknowledge that Ingelix is not responsible for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
2. Right to use content
The Services include users voluntarily completing an online assessment. If you participate in an assessment, including through third party websites, you grant Ingelix a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to use, sell, sublicense, reproduce, distribute, display, prepare derivative works from and otherwise exploit all such content, assessment results, and materials for any purpose without restriction. Furthermore, you grant Ingelix, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content, assessment results, and materials. When you apply for a job, you may be sending your information to a prospective employer, and you are requesting and authorizing Ingelix to share your content, assessment results, and materials with prospective employers. You represent and warrant that: (i) you own the information submitted by you on or through the Site or otherwise have the right to grant the license set forth in this section, (ii) the submission of your information does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the submission of your information on the Site or through the Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Site or which you otherwise submit to Ingelix. You agree to defend and indemnify Ingelix and its affiliates from any claims resulting from any content or materials you provide hereunder.
If you wish to revoke your license grant for any such submission, please contact us through the Site contact form and include (a) identification of the content for which the license is to be revoked and information reasonably sufficient to allow Ingelix to locate and remove the content on the Site; (b) your name, address, telephone number, and email address; (c) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated content; and (d) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such materials.
At your discretion, you may provide feedback to Ingelix concerning the functionality and performance of the Site or our Services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you suggest any Feedback, you hereby grant Ingelix a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Ingelix may disclose that Feedback to any third party in any manner and you agree that Ingelix has the ability to sublicense all Feedback in any form to any third party without restriction. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ingelix under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, Ingelix does not waive any rights to use similar or related ideas previously known to Ingelix, or developed by its employees, or obtained from sources other than you.
3. Site Rules
You agree not to access (or attempt to access) the Site or Services by any means other than through the interface that is provided by Ingelix, unless you have been specifically allowed to do so in a separate agreement with Ingelix. You agree that you will not engage in any activity that interferes with or disrupts the Site or Services (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate agreement with Ingelix, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Ingelix has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Ingelix may suffer) of any such breach.
You agree you shall not transmit to Ingelix or upload as part of the Site any Harmful Code or use or misappropriate the data on the Site for your own commercial gain. “Harmful Code” shall mean any software that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
4. Registration and Fees
Some areas of the Site or Services require you to register or provide an email address. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Site or Services to any third party. Ingelix is not responsible and disclaims all liability if your email is used improperly and falsely by a third party. We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.
You shall be charged fees if, and as, indicated by the Site and with your separate explicit approval. All payments are in U.S. dollars. You are responsible for paying all reasonable expenses and attorneys’ fees Ingelix incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge. You agree that you will not cancel credit card charges via arrangements with your credit card issuer. Refunds (if any) are at the sole discretion of Ingelix. You acknowledge and agree that any credit card and related billing and payment information that you provide to Ingelix may be shared by Ingelix with companies who work on Ingelix’s behalf, such as payment processors and/or credit agencies. Ingelix may also provide such information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Ingelix shall not be liable for any use or disclosure of such information by such third parties.
5. Disclaimer of Warranties
Ingelix disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information in the Ingelix assessment results or information provided by Ingelix or third parties. Ingelix disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Ingelix disclaims any responsibility for any harm resulting from use of the Site or the Services. Under no circumstances shall Ingelix be liable to you or any user on account of that user’s use or misuse of or reliance on the Site or Services.
THE SITE, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. INGELIX AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. INGELIX MAKES NO GUARANTEE THAT USE OF ITS SERVICES WILL RESULT IN YOU OBTAINING A JOB. INGELIX AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INGELIX SERVICES. INGELIX AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICES. INGELIX AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES PROVIDED BY INGELIX.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE SITE AND PROVIDE INFORMATION THROUGH THE SITE AND OR SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD OR PROVISION OF SUCH MATERIAL OR DATA.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INGELIX OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE OR SERVICES, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF INGELIX OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, INCLUDING POSITIONS LISTED HEREIN, OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Ingelix or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
7. Claims of Infringement
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Site and is accessible on our Site in a way that constitutes copyright or trademark infringement, please contact us via our Site contact form.
8. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with these Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Terms, by and under the laws of the State of Ohio, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in the Northern District of Ohio. Each of the parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in the Northern District of Ohio.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ingelix. These Terms, together with any amendments and any additional agreements you may enter into with Ingelix in connection with the Site, shall constitute the entire agreement between you and Ingelix concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
By using the Site, you signify your assent to these Terms and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Ingelix’s proprietary rights in them.
You understand and acknowledge that Ingelix or its licensors owns all right title and interest to the Site and Services and all proprietary rights associated therewith. Ingelix reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Site other than your content. Any use of materials or descriptions; any derivative use of the Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall you frame any portion of the Site or any materials contained therein.