Welcome to SELECTPro®. Please review the following License Agreement. You must agree to its terms and conditions before you may use SELECTPro®.

License Agreement, Terms, and Conditions

1. TERMS OF SERVICE

This agreement is between you and the partnership between Pfaff and Associates and AZO Technologies, Inc. ("Company").  The Company currently provides users with access to a web application available primarily from www.selectpro.net that allows for the development of selection interview guides that may be used by organizations and individuals hiring people for employment (the "Service"). You also understand and agree that the Service may include certain communications from Company, such as service announcements, administrative messages and a newsletter, and that these communications are considered part of Service.

This Service is provided to you, subject to the following Terms of Service ("TOS"), which may be updated by Company from time to time without notice to you. You can review the most current version of the TOS at any time at: www.SELECTPro.net. In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Company also may offer other services from time to time that are governed by different Terms of Services.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Company properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Interview Guides, the Interview Handbook, skill areas, interview questions, articles, or any other written or graphical material contained on or downloaded from SELECTPro.net are the sole property of the Company and as such are protected by all copyright laws.

2. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. COMPANY PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at www.selectpro.net.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

5. PROPER USE OF PRODUCTS

You agree to use Company products within the scope and manner consistent with their intended use. Your use of Company interview guides for human resource and pre-employment screening implies that you have full and current knowledge of the Equal Employment Opportunity Commission (EEOC) Uniform Guidelines on Employee Selection Procedures and employment law.

THIS SERVICE IS NOT MEANT TO BE A LEGAL GUIDE TO THE SELECTION PROCESS NOR LEGAL ADVICE ON ANY SPECIFIC SITUATION.  YOU MUST BE FAMILIAR WITH THE LAWS OF YOUR JURISDICTION AND YOU ARE ENCOURAGED TO SEEK THE ADVICE OF YOUR ATTORNEY ABOUT THE VARIOUS LIMITATIONS OF YOUR SELECTION PROCESS.

Employers of all sizes are subject to state and federal labor and civil rights laws that govern or impact the selection and hiring process.  You should be familiar with these laws in advance of the selection of employees.

6. PROTECTION OF PRODUCTS

SELECTPro.net is owned by the Company and is fully protected by United States Copyright Law and under International Law through treaties engaged in by the United States. Violators of these sanctions are subject to civil and criminal penalties granted by these statutes.

Interview Guides, the Interview Handbook, skill areas, interview questions, articles, or any other written or graphical material contained on or downloaded from SELECTPro.net are the sole property of the Company and as such are protected by all copyright laws. Any documents created with SELECTPro.net are subject to the same copyright protection and may only be used under proper license. Any documents created on SELECTPro.net or downloaded from the site may not be sold, altered or inappropriately distributed in any format without written agreement or license from the Company. Purchase of a membership or pay-per-print on SELECTPro.net does not constitute a license agreement for reproduction.

The Company retains the right to aggressively pursue and protect through third party monitoring services its rights under said Copyright Law.

The Company’s interview guides and delivery mechanisms are the proprietary property of Company and title to the products and all intellectual property rights protecting the products remains with Company. You agree to take diligent and reasonable steps to keep the products and processes confidential and free from unauthorized access or use, and not to divulge, provide, or make the products available to a third person. Further, you may not assign, convey, sublicense, or otherwise transfer this agreement or any right, license, or privilege to the products to another party.

You agree not to copy, duplicate, download, or otherwise disseminate Company products without the explicit written permission of Company. You further agree not to modify or alter the physical or electronic characteristics of Company interview guides, or any aspect of the Company electronic environment, and to not be party to any attempt to dismantle, reverse engineer, or electronically intrude into Company proprietary systems.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. INDEMNITY

You agree to indemnify and hold Company harmless against claims, liabilities, demands, damages, costs, or expenses, including attorney’s fees and expenses, arising from or in connection with your use of Company products and/or your failure to perform the other terms of this agreement.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service including but not limited to the creation of interview guides and their use by non-subscribing third parties.

10. PAYMENT TERMS

If you pay by credit card, the credit card that you provide as part of your Registration Data will automatically and immediately be charged. Payment occurs on a pre-pay basis and payment will be automatically renewed at the end of the term. All currency references are in U.S. dollars.

The length of each of your renewable terms depends on the subscription plan you choose.  If you choose the monthly plan, you will have access through the end of the day on the day before your monthly anniversary date.  As long as you have not canceled your Service, you will automatically be charged on each of your monthly anniversary dates for the following month.  If you choose the three-month plan, you will have access through the end of the day on the day before your third monthly anniversary date.  As long as you have not canceled your Service, you will automatically be charged on every third monthly anniversary date for either the following three-month period or the next 90 days, whichever is shorter.

11. REFUNDS

If you are not satisfied with the Service for any reason you may receive a full refund of your purchase price for the current membership term only. Requests for refund must be made electronically to service@selectpro.net or in writing and received during the membership term in question.  Refunds are not available on volume discount purchases or site licenses.

12. PROMOTIONAL CODES

You are only allowed to use promotional codes (or "promo codes" or "discount codes") that are legitimately known to you.  Legitimate promotional codes fall into one of the following categories: 1) promotional codes intended for use by the general public, 2) promotional codes intended for use by a group that you are associated with, or 3) promotional codes intended for you specifically.

13. MODIFICATIONS TO SERVICE

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. TERMINATION

You agree that Company may, under certain circumstances and without prior notice, immediately terminate your Company account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems. Termination of your account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third-party for any termination of your account or access to the Service.

15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Company 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.

16. COMPANY'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Company grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ONE OF IT’S AGENTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. LIABILITY OF COMPANY FOR LOSS OR DAMAGE RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE COMPANY PRODUCTS SHALL BE LIMITED TO THE REPLACEMENT OR REPAIR OF THIS PRODUCT. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY CLAIM MADE AGAINST YOU BY ANY PARTY OR FOR ANY CLAIM MADE BY YOU FOR LOST BUSINESS OR PROFITS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. 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 ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

21. TRADEMARK INFORMATION

SELECTPro, SELECTPro.net, the SELECTPro.net logo, trademarks and service marks, and other SELECTPro.net logos and product and service names are trademarks of Company ("Marks"). Without Company's prior permission, you agree not to display or use in any manner, the Company Marks.

22. COPYRIGHTS

Company warrants that neither the products nor the Company proprietary system in their standardized form, nor their normal professional use will infringe upon any United States patent, copyrights, or trademarks existing at the time of the product delivery. You agree to promptly inform Company of any such potential infringement claim, including any arising outside of the U.S. Company makes no other warranties with respect to products.

23. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Company and govern your use of the Service, superceding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Company shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kalamazoo, Michigan. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

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