Terms and Conditions
Acceptance of Terms
DeGarmo Inc. (We/Us/Our) provides our Service to you and the organization you represent (You/Your), subject to these Terms and Conditions. Access or use of any of our websites, products, software, content, data, or professional services, (collectively the Service), in any way – including browsing our website – is subject to these Terms and Conditions and any changes that We may publish to this document from time to time.
The Service includes, but is not limited to:
• DeGarmo websites (Site), including www.degarmo.com, and www.dgprofiles.com.
• DeGarmo software and object code (Technology).
• DeGarmo Materials (Materials), including information, documents, communications, files, text, graphics, media, reports, content, and data available as part of the Service or through the Service;
• DeGarmo End-Products, including assessments, software products and custom End-Products;
• DeGarmo professional services (Professional Services), including technical service and/or consultation
By accessing or using the Service or any portion of the Service in any way, including, without limitation, accessing the Site, registering for an account, using an End-Product, accessing DeGarmo professional services, you agree to and are bound by these Terms and Conditions.
You must be authorized and of legal age to use the Services.
DeGarmo reserves the right to change these Terms and Conditions and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Services, after such notice has been posted, constitutes your acceptance of the changes. If you do not comply with these Terms and Conditions, your authorization to use the Services may be suspected or terminated and you will still be obligated to these Terms and Conditions and other DeGarmo agreements you may have entered into.
In using the Site, including any Service made available through it, you agree:
• Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
• Not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
• Not to create a false identity;
• Not to upload, enter, or provide information or materials to the Service unless you have the right to use the information or material for your anticipated and actual use,
• Not to use or attempt to use another’s account, password, service, or system without express authorization from Us;
• Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
• Not to collect information about other users, nor spam or harass, others;
• Not to harm or harass any minor;
• Not to use the Service in a fashion that is considered by DeGarmo (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
• Not to upload or provide to Us materials for which you do not have the appropriate authority or right to provide for the anticipated or actual use.
Where use of the Site or certain Services of the Site require user registration, You will be required to provide certain registration information (the “Registration Data”).
In registering to use the Site, including any Services available through it, you agree to:
• Provide accurate, complete and up to date information about yourself as required by the Sites registration form, including your legal name, the legal name of the organization your represent, and Your accurate contact information.
• Maintain and update your Registration Data to keep it accurate, complete and up to date.
You are responsible for maintaining the confidentiality of your account and for all activities carried out using your account information. You agree to notify Us immediately of any unauthorized activity using your account information.
We reserve the right, in our sole discretion, to suspend or terminate Your account and/or Your use of the Site and we may refuse any current or future use of the Services if We believe in good faith that you have knowingly failed to comply with the above user registration terms.
You acknowledge, consent and agree that We may access, preserve, and disclose your account information, content and account data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce any agreement between You and Us; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DeGarmo, its employees, customers, and the public.
Our Site, like many others, may store and retrieve information on your browser using cookies. This information is used to make the site work as you expect it to. It is not personally identifiable to you, but it can be used to give you a more personalized web experience, track your use of the Site by us and our ad-tracking partners. Some of these cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for service, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
The Service may provide links to third-party websites or resources. We make no claims for and are not responsible for those sites and resources and You access them at your own risk. Because We have no control over such sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource and that you access them at your own risk.
DeGarmo owns the Intellectual Property rights for, or has secured the right to use, the Materials within our Services. We consider Intellectual Property Rights violations a serious matter. It is our intention to respect the rights of authors, protect our intellectual property, and properly fulfill our obligations when granted the right to use another’s intellectual property. You agree to not violate intellectual property rights in connection with the Service.
Our Intellectual Property
The Site, Technology, Materials and Services provided through the Site, and their presentation, selection and arrangement on the Site, are Our Intellectual Property and protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services on the Site may violate such laws and these Terms and Conditions.
Any End-Product you access through the Service is our Intellectual Property and is additionally subject to the applicable End-Product License defined in these Terms and Conditions.
Except as expressly implied in these Terms and Conditions, We do not grant any express rights to use the Materials and/or Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service or any part of the Service, or the selection and arrangement of materials, Except as expressly authorized in these Terms and Conditions or separate signed agreement with Us. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site or any of the Service.
In the process of engaging with You, such as during a sales cycle or in support of a Professional Services project with You, DeGarmo may provide you Materials such as: demos, examples, product samples, a free trial, project materials, project deliverables, mock-ups, drafts, portions of a custom End-Product, and other materials that facilitate communication and/or completion of the project. These Materials are Our Intellectual Property and remain our Intellectual Property and are subject to these Terms and Conditions. You may use these materials only for the purpose of evaluating Us and/or managing the project. When the project is completed, You agree to return or destroy these materials and You agree to no longer use them for any purpose. You agree to certify compliance to this stipulation upon request. Any other use is not permitted.
No Works Made For Hire
Unless each specific work is specified as a “Work Made For Hire” in a separate agreement, DeGarmo provides NO works, including those developed to meet specific customer requirements or works generated by Your use of our Site, Technology or Service, as “Works Made For Hire”.
Intellectual Property Claims
You agree to defend Us, (and for this paragraph clause, including each of our officers, directors, shareholders and employees), indemnify Us and hold Us harmless from any 3rd party claim of intellectual property infringement associated with materials provided to Us by You, any 3rd party claim of intellectual property infringement arising from or relating to your breach or alleged breach of these Terms and Conditions.
Disclaimer of Warranties
We warrant that Products were developed in accordance with the generally accepted standards of the American Psychological Association, Equal Employment Opportunity Commission, and Society for Industrial and Organizational Psychology. Except as noted above, (a) We make no warranties or representations as to performance of the Products or Services accessed or purchased under this Agreement, and (b) no warranty is made regarding the performance of the Products or Services or the results that may be obtained by using the Products or Services. This disclaimer of warranties and the liability below will not be modified, diminished or affected by Your use of Products or Services, Our rendering of technical programming, other advice or service, or the provision of support for the Products or Services. If We confirm a defect reported by You in Products, We will use commercially reasonable efforts to remedy the nonconformance in accordance with the terms of this Agreement. Products offered by US should not be the sole determinant of an applicant’s employability. We, and Products provided by US, do not make employment decisions for You. No liabilities for US will arise of otherwise grow out of Your use of Our Products to make employment decisions of any kind.
Limitation of Liability
To the extent not prohibited by applicable law, We are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage (even if We have been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of, or related to:
· The use or inability to use the Services;
· The cost of procurement of substitute goods and services purchased or obtained or messages received or transactions entered into though or from the Services;
· Unauthorized access to or alteration of your transmissions or data;
· Statements or conduct of any third party on the Services or Site;
· Any other matter relating to the Services, including content you may download, use, modify or distribute from the Site.
You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and will not make a claim against Us for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of content.
You agree to hold Us harmless from, and you covenant not to take any legal action against Us for any claims based on using the Site, whether in contract (including fundamental breach), tort (including negligence) or otherwise except where We are prevented by law from making such exclusions or limitations.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of the sections above may not apply to you.
These Terms and Conditions constitute the entire agreement between you and DeGarmo regarding your use of the Site. These Terms may be incorporated into other signed agreements between You and DeGarmo.
The term You/Your refers to you, the organization You represent in this agreement and anyone that You allow to act on your behalf in connection with your agreement with Us.
Choice of Law and Forum.
The Terms and Conditions and any DeGarmo agreements incorporating these Terms and Conditions and the relationship between You and Us shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and We agree to submit to the personal and exclusive jurisdiction of the courts located within the county of McLean, IL.
Waiver and Severability of Terms.
The failure of DeGarmo to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to this agreement.
If your Site account is for your own use, You agree that your Site account is non-transferable and any rights to your Site account logon id or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
If your Site account is for your organization, You agree that your account is non-transferrable unless the organization, or substantially all of the organization is acquired by another, in which case transfer will be by written permission, which will not be unreasonably withheld.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that You make arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If this agreement is terminated for any reason, you must stop using the Service and any Materials that you may have downloaded or received from the Service, including any copies you have made, must be immediately destroyed. Any Intellectual Property must be returned and all Intellectual Property terms will survive Termination.
Report violations of any of these Terms and Conditions to: firstname.lastname@example.org.