1. ACCEPTANCE OF TERMS
All website services provided to you by Castle Rock Research Corp. and any of its
affiliates (together herein referred to as "Castle Rock Research Corp.") are provided
to you subject to the following terms and conditions of service. Your use of the
website indicates that you accept and agree to be bound by these terms and conditions
Castle Rock Research Corp. shall have the right, at its sole discretion, to modify,
the posting of such changes on this website. The most recent version of these Terms
of Use may always be found at http://integrity.castlerockresearch.com/Terms.aspx.
on January 17, 2005.
Registration Data and certain other information about you are subject to our Privacy
3. CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET
The transmission of data or information (including communications by e-mail) over the
Internet or other publicly accessible networks is not secure, and is subject to
possible loss, interception or alteration while in transit. Accordingly, we do not
assume any liability for any damage you may experience or costs you may incur as a
result of any transmissions over the Internet or other publicly accessible networks,
such as transmissions involving the exchange of e-mail with us (including those
which may contain your personal information). While we shall take commercially
reasonable efforts to safeguard the privacy of the information you provide us and
information you provide to us be deemed to be confidential, create any fiduciary
obligations to you on our part, or result in any liability to you on our part in
the event that such information is inadvertently released by us or accessed by third
parties without our consent.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and member account designation upon completing the
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 Castle Rock Research Corp. 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.
Castle Rock Research Corp. cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 4.
5. MEMBER CONDUCT
Users agree to follow all applicable laws and regulations when using this website. In
addition, users agree that they shall not:
i. upload, post or otherwise transmit through or to this website any content that:
a. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory
or otherwise objectionable;
b. might infringe the intellectual property rights, privacy rights, rights of
publicity, or other proprietary rights of others;
c. contains any computer viruses, time bombs, trojan horses, or any other harmful
programs or elements;
ii. collect information about other visitors to our website without their consent
or otherwise systematically extract information;
iii. place unreasonable burdens or excessive loads on, disrupt, interfere with or
attempt to gain unauthorized access to any portion of our website, its computer
systems, servers or networks;
iv. sell access to or the use of this website, including any content contained on,
downloaded or accessed from this website, except as specifically permitted in
writing by Castle Rock Research Corp.;
6. 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.
7. MODIFICATIONS TO SERVICE
Castle Rock Research Corp. 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 Castle Rock Research Corp. shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
8. CASTLE ROCK RESEARCH CORP.'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 Castle Rock Research Corp. 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.
9. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT CASTLE ROCK RESEARCH CORP. 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 CASTLE ROCK RESEARCH CORP. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; OR
(ii) ANY OTHER MATTER RELATING TO THE SERVICE.
(AS SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CERTAIN KINDS OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, THE LIABILITY OF CASTLE ROCK RESEARCH CORP., ITS SUBSIDIARY
AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
THE LAWS OF THE SAID JURISDICTION.)
ANY RELIANCE ON, OR USE BY USERS OF ANY INFORMATION AVAILABLE ON THIS WEBSITE
SHALL BE ENTIRELY AT THE USERS OWN RISK.
(b) NOT TO LIMIT THE FOREGOING, YOU AGREE THAT THE APPLICATION IS
INTENDED TO PROVIDE STATISTICAL INFORMATION REGARDING THE PERFORMANCE OF TESTS,
TEST ITEMS, AND THE PERFORMANCE OF TEST-TAKERS. HOWEVER, NO CONCLUSION OR
INTERPRETATION MAY BE MADE, BASED SOLELY ON THE INFORMATION, WITH CERTAINTY.
THEREFORE, YOU AGREE THAT ANY INTERPRETATION OF THE INFORMATION, OR ANY
CONCLUSIONS MADE BASED ON THE INFORMATION PROVIDED IS SOLELY YOUR RESPONSIBILITY.
You agree to indemnify, defend and hold Castle Rock Research Corp. and its
subsidiaries, affiliates, officers, directors, shareholders, agents, partners,
agents, contractors and employees, harmless from any loss, liability, damage,
claim, demand, or expense (including legal fees on a solicitor-own client basis),
made by any third party due to or arising out of your use of the Service, your
connection to the Service, your violation of the Terms of Service, or your violation
of any rights of another. We reserve the right to assume the exclusive defense and
control of any matter subject to indemnification by users, which shall not excuse
Castle Rock Research Corp., castlerockresearch.com, and are trademarks of
Castle Rock Research Corp. ("Castle Rock Research Corp. Marks"). Without Castle Rock
Research Corp.'s prior permission, you agree not to display or use in any manner the
Castle Rock Research Corp. Marks.
12. GENERAL PROVISIONS
by any court having competent jurisdiction, such provision shall be enforced to the
shall continue in full force and effect. No waiver of any provision of these Terms
of Use shall be deemed a further or continuing waiver of such provision or any other
of the Province of Alberta and the laws of Canada applicable therein, without regard
to conflict of laws provisions thereto. The parties consent to the exclusive
jurisdiction of the courts of, and venue and situs in, Edmonton, Alberta, Canada.