1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the this domain, the “Kryterion Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Kryterion’s privacy notice, found at http://www.kryteriononline.com/privacy_policy/ and incorporated here by reference. If you do not agree to any of these terms, please do not use the Kryterion Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.kryteriononline.com/includes/tos.html). Kryterion may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Online Proctoring Website
A. These Terms of Service apply to all users of the Kryterion Website and software. The Kryterion Website includes all aspects of Kryterion, including but not limited to all products, software and services offered via the website, the Kryterion Sentinel Secure Shield, and other applications.
B. The Kryterion Website may contain links to third party websites that are not owned or controlled by Kryterion. Kryterion has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Kryterion will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Kryterion from any and all liability arising from your use of any third-party website.
3. General Use of the Website – Permissions and Restrictions
Kryterion hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
B. You agree not to use the Website, including the Kryterion Secure Shield for any commercial use, without the prior written authorization of Kryterion.
C. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
D. Kryterion reserves the right to discontinue any aspect of the Kryterion Website at any time.
4. Content Use
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Kryterion Website.
A. The content on the Kryterion Website (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, videos and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Kryterion, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kryterion reserves all rights not expressly granted in and to the Website and the Content.
B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Kryterion Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Kryterion Website or the Content therein.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE KRYTERION WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KRYTERION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KRYTERION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KRYTERION WEBSITE. KRYTERION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KRYTERION WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KRYTERION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL KRYTERION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KRYTERION WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by Kryterion from its facilities in the United States of America. Kryterion makes no representations that the Kryterion Website is appropriate or available for use in other locations. Those who access or use the Kryterion Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Kryterion, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Kryterion Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Kryterion Website.
8. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Kryterion Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Kryterion Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kryterion without restriction.
You agree that: (i) the Kryterion Website shall be deemed solely based in Arizona; and (ii) the Kryterion Website shall be deemed a passive website that does not give rise to personal jurisdiction over Kryterion, either specific or general, in jurisdictions other than Arizona. These Terms of Service shall be governed by the internal substantive laws of the State of Arizona (unless you are located within the European Union (EU), in which case, these Terms of Service shall be governed by the substantive laws of the EU to the extent applicable) , without respect to its conflict of laws principles. These Terms of Service, together with the Privacy Notice at http://kryteriononline.com/privacy_policy/ and any other legal notices published by Kryterion on the Website, shall constitute the entire agreement between you and Kryterion concerning the Kryterion Website. If a court of competent jurisdiction deems any provision of these Terms of Service invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Kryterion’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Kryterion reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Kryterion Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND KRYTERION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KRYTERION WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.