Terms of Use

SurePeople, Inc. Website User Agreement

LAST REVISED ON NOVEMBER 1, 2023

Acceptance of User Agreement

Please review the following User agreement carefully, as it forms the basis of a legally binding contract between you and SurePeople, Inc. (“SurePeople,” “we,” or “us”) regarding your access to and use of this website (the “Site”). By accessing the Site, you agree to be bound by all of the terms and conditions set forth herein.

SurePeople permits individuals to complete personal assessment questionnaires and other tools, either for their own use or to be used by one of our client companies, who may be employers or consultants (each a “Client”) and offers the individuals, and/or the Clients access to certain tools and services accessible through the Site, including, but not limited to, personal assessment testing and surveys (the “Service”).

If you are using the Site on behalf of a Client, you represent and warrant that you are authorized to act on behalf of the Client.

If you have been referred by the Client to take an assessment on the Site, you are utilizing the Service at the request of and for the benefit of a Client, then current employees of the Client and potential employment candidates of the Client may take and provide answers to one or more assessments through the Service, as requested by the Client. After completion of the assessments or other survey, tools or processes, SurePeople will prepare a profile, report and/or other material based on your responses and potentially those of others solicited through the process with your knowledge and involvement (each an “Assessment”). SurePeople is not responsible for any Assessment so produced, nor is SurePeople responsible for any hiring or termination decision made by the Client (or any other party) directly or indirectly as a result of the Assessment. By accessing the Site, you agree not to bring, file, or participate in any claim, suit, or complaint against SurePeople as a result of any hiring or termination decision made by the Client or by any other person.

The Site/Service may not be used unless you are 18 years of age or older. Additional age restrictions may be imposed by us or Clients with respect to use of the Service.

SurePeople reserves the right to change these User agreement and/or the Service from time to time at its sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any.

Passwords and Security

You agree that you will not: (a) permit other individuals to use your login information and password; or (b) copy any portion of any test provided through the Service. Please note that you are solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each session of use. You shall notify SurePeople immediately of any unauthorized use of your password or account or of any other breach of security that is known or suspected by you. User accounts cannot be “shared” or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service. You remain solely responsible for any authorized or unauthorized use of your password.

Passwords and Security

You agree not to:

  • Upload, transmit, post, email or otherwise make available to the Site, any content, credit card numbers, or other material in any format that: (i) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, discriminatory, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property; or (iii) contains viruses, worms, Trojan horses, back doors or trap doors, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Alter, remove, or falsify any attributions or other proprietary designations of origin or source of any content appearing on the Site or contained in a file that is uploaded to the Site;
  • Impersonate any person or entity, including, but not limited to, a SurePeople or Client employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Attempt, through any means, to gain unauthorized access to the Site, or another user’s account on the Site;
  • Forward or share any information regarding the Service and/or the Site, including, but not limited to, an Assessment furnished through the Service, to any third party;
  • Reproduce any content from the Site, other than for your or a Client’s non-commercial personal or otherwise permitted use; or
  • Ue any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without our prior expressed written permission. Additionally, you agree that you will not take any action that imposes an unreasonable or disproportionately large load on SurePeople’s infrastructure.
  • The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

Proprietary Rights Restrictions

All material on the Site, including, without limitation, all informational text, design of and “look and feel” of the Site, layout, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by SurePeople or other parties that have licensed their material to SurePeople and is protected by copyright, trademark and other intellectual property laws. SurePeople disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either SurePeople or other third parties. You agree not to display or use such marks without SurePeople’ prior written permission.

The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use or approved Client internal human resources use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Service or available through the Service are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Service are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Service is strictly prohibited.

SurePeople alone shall own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service (“Submissions”), and you agree to assign such Submissions to SurePeople free of charge. SurePeople may use such Submissions as it deems appropriate in its sole discretion.

Links to Other Websites

The Site may contain links to third party sites. The linked sites are not under the control of SurePeople. SurePeople does not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site, including, but not limited to, information provided at the Site that may link the user to a third party web site. In no event shall SurePeople or its licensors be responsible for any content or other materials on or available through such third party sites.

International Use/Local Laws and Export Controls

We control and operate the Service from our offices in the United States of America. We do not represent that the Service is appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information collected through this Service will be transferred to and processed within the United States of America.

The Site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other countries to which the United States and/or the European Union maintains an embargo (collectively, the “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, the “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

This Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.

Any diversion of the content of the Site contrary to United States or European Union (including European Union Member States) law is prohibited. None of the content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorized by the United States Government or appropriate European body for such purposes.

Changes to the Site

SurePeople reserves the right to modify, suspend or discontinue all or any portion of the Site and/or the Service at any time, without notice. Unless stated otherwise, any new features to the current Site or Service shall be subject to this User agreement.

Failure to Abide by these Terms

SurePeople may in its sole discretion disable any user or Client password or terminate or suspend your account and any current activities at the Site immediately, without notice to you, if you breach this User agreement or if SurePeople is unable to verify or authenticate any information that you provide to us. SurePeople reserves the right, in its sole discretion, to refuse access to any user at any time to those portions of the Site that require registration. You agree that SurePeople shall not be liable to you or any third party for any termination of your access to any Material, content, the Service and/or the Site.

SurePeople Privacy Policy

On-line information collected and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy. Your acceptance of this User agreement also constitutes acknowledgment of and agreement to the statements and any obligations set forth in the Privacy Policy.

To the extent that the Client requests that we disclose on-line personally identifying information collected and certain other information about you to third parties, different policies may apply. SurePeople does not control the privacy policies of any third party and we are not responsible for the use and dissemination of your personal identifying information by any such third parties. Therefore, we encourage you to contact the Client for the privacy policies of such third parties.

General Disclaimer and Limitation of Liabilities

USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL SUREPEOPLE, OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE OR THE SERVICE, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS TAKEN BY THE CLIENT OR THIRD PARTIES BASED ON THE ASSESSMENT OR ANY OTHER INFORMATION PROVIDED BY YOU THROUGH THE SERVICE, OR A LOSS OF OPPORTUNITY FOR EMPLOYMENT WITH THE CLIENT OR ANY OTHER EMPLOYER, OR UNINTERRUPTED OR ERROR-FREE ACCESS TO THE SITE AND/OR SERVICE.
EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS.

Specifically, SurePeople provides its Services for informational purposes only. SurePeople makes no warranty about: (i) the accuracy, reliability, completeness including errors or omissions, correctness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Site; (ii) that use of the Site and any materials contained therein shall comply with any applicable law, including human resources law; (iii) that the Assessments and or other information provided on or through the Site accurately assess any individual, including, but not limited to, the employability, performance or mental, psychological or physical abilities or disabilities of any individual.

EMPLOYERS/CLIENTS ARE NOT RESPONSIBLE FOR THE OPERATION OR UNINTERRUPTED OR ERROR-FREE ACCESS TO THE SITE AND/OR SERVICE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL EMPLOYERS/CLIENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES RESULTING FROM SUREPEOPLE’S OPERATION OF THE SITE OR THE SERVICE, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL.

Indemnification

You agree to defend, indemnify and hold SurePeople and its directors, officers, employees, shareholders, successors or heirs (the “Protected Entities”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service, software or other materials available on or through the Service, or your breach or violation of the law or of these User agreement. SurePeople reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SurePeople’s defense of such claim.

Release

By using the Service you hereby expressly release SurePeople and the Protected Entities from and against any and all claims, damages or related expenses or liabilities, including but not limited to indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to: (a) the use of, or the inability to use, the Service, your provision of information via the Service, any consequential damages, even if such Protected Entity has been advised of the possibility of such damages; (b) the purchase, receipt and/or use of any products or services obtained through the Service; or (c) any misprints or inaccuracies that may be found to exist on or in connection with the Service.

YOU AGREE TO WAIVE YOUR RIGHTS IF ANY UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this User agreement, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

These Terms and the relationship between you and SurePeople shall be governed by the laws of the United States and the State of Illinois , without regard to its conflict of law provisions. You and SurePeople agree to submit to the personal and exclusive jurisdiction of the courts located within Chicago, Illinois. All parties to these Terms waive their respective rights to a trial by jury. The failure of SurePeople to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms 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 any Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

BY CLICKING ON THE “I AGREE” BUTTON OR OTHERWISE AGREEING TO THIS USER AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS USER AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

If you have any questions or comments about this User Agreement, please contact us useragreement@surepeople.com.