Terms and Conditions of Purchase and Use
1. Acceptance of Terms and Conditions
Sales of test instruments, related materials, and services are based upon acceptance of the various terms and conditions and adherence to all policies described in this catalog. Purchasers agree to be bound to all terms and conditions by placing an order for assessments, tests or consulting services, or by part or total payment of VMBhits.com‘s invoice for any tests, materials, or services ordered. No modification or additions to these terms and conditions are binding upon VMBhits.com unless previously agreed to in writing by an authorized representative of VMBhits.com.
All prices and terms are subject to change without notice and are exclusive of taxes and shipping and handling charges.
Terms are payment at the time of order. No discount is offered for cash payments or prompt payment.
If your account is not currently listed as “tax-exempt,” applicable state and local taxes will be added to your orders. If you wish to be listed as “tax-exempt” for future purchases, send a copy of your tax-exempt certificate to: VMBhits.com, Attn: Customer Service, P.O. Box 890007, East Weymouth, MA 02189.
Purchaser acknowledges and agrees the contents of VMBhits.com’s tests may constitute trade secrets, which include confidential and proprietary material, information, and procedures. Purchaser will not resell or otherwise distribute materials, or authorize or allow disclosure of the contents of a test instrument protocol, including test questions and answers, or normative data, except under the limited circumstances described in the section titled “Maintenance of Test Security,” or as otherwise contemplated in the materials associated with the test. Purchaser acknowledges and agrees that the use or disclosure of trade secrets in a manner inconsistent with the provisions of this Agreement may cause VMBhits.com or its vendors irreparable damage for which remedies other than injunctive relief may be inadequate. Accordingly, you agree that in any request by VMBhits.com to a court of competent jurisdiction for injunctive or other equitable relief seeking to restrain such use or disclosure, you will not maintain that such remedy is not appropriate under the circumstances.
5. Maintenance of Test Security
Each person or organization purchasing a test must agree to comply with these basic principles of minimum test security:
- Test takers must not receive test answers before beginning the test.
- Test questions are not to be reproduced or paraphrased in any way.
- Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.
- Test materials and scores may be released only to persons qualified to interpret and use them properly.
- No reproduction of test materials is allowed in any form or by any means, electronic or mechanical.
- Test materials may not be resold or distributed for any purpose.
6. Copyright Notice
Tests, test protocols, test items, norms, score reports, and other related materials of VMBhits.com are copyrighted by VMBhits.com or on of its assessment or testing services. They are not to be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system without permission in writing from VMBhits.com. The reproduction of any part of such materials in any way, whether the reproductions are sold or furnished free for use, is a violation of federal copyright law. No adaptations, translations, modifications, or special versions may be made without permission in writing from VMBhits.com; users are advised that such adaptations, translations, modifications, or special versions may affect the validity of the tests.
7. Permissions and Licensing
Reproduction of any purchased materials requires the prior written consent of VMBhits.com. Questions and answers, including practice or sample questions and answers, may not be reproduced without written permission, regardless of the number of lines or items involved.
VMBhits.com has the sole right to license use of its trademarks. Any unauthorized use of VMBhits.com, Profiles International, Inc. or VMBhits trademarks or servicemarks is strictly prohibited. Requests to use any trademark should be addressed to VMBhits.com, Attn: Legal Department, PO Box 890007, East Weymouth, MA 02189.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this business relationship.
10. Limited Warranty
VMBhits.com warrants that its products meet applicable professional standards and will be provided in usable quality. VMBHITS.COM MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REPLACEMENT OF MATERIALS, OR REFUND OF ALL OR A PORTION OF THE PURCHASE PRICE (BASED UPON THE SALABLE CONDITION OF THE MATERIALS), AT VMBHITS.COM’S SOLE OPTION AND IN ACCORDANCE WITH THE PRODUCT RETURNS POLICY CONSTITUTES THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY, IN LIEU OF ALL REMEDIES AND ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES IN CONNECTION WITH THE PRODUCT AND ANY USE OR MISUSE THEREOF. VMBHITS.COM WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR PURCHASER’S EXPENSES FOR DELAYS, FOR COSTS OF SUBSTITUTE MATERIALS, OR FOR POSSIBLE LOST INCOME, GRANTS, PROFITS, OR ANY OTHER SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM USING A PRODUCT.
Some jurisdictions restrict certain limitation of warranties, so some or all of the above limitations may not apply to you.
You acknowledge and agree that: (i) testing and all other materials supplied by VMBhits.com and/or its affiliates under this business relationship are only one of many variables which are or should be used in evaluating a particular applicant’s suitability for any employment position; (ii) all such variables must be taken into account in reaching any hiring decision; (iii) neither one nor all of such variables are foolproof and do not constitute any guaranty of a successful hire or its continuation; and (iv) neither you nor your employees or agents shall copy, in whole or in part, any testing or other materials supplied by VMBhits.com and/or its affiliates without the express written consent of VMBhits.com, except in the manner and for the purposes intended by VMBhits.com and this business relationship.
11. Limitation of Liability
IN NO EVENT WILL VMBHITS.COM BE LIABLE FOR DAMAGES ARISING UNDER THIS AGREEMENT, OR OTHERWISE ARISING FROM THE ORDER(S) CONTEMPLATED UNDER THIS AGREEMENT, IN EXCESS OF THE AMOUNTS PAID FOR THE PRODUCT(S) WHICH DIRECTLY CAUSED THE DAMAGE.
You will defend, indemnify and hold harmless VMBhits.com and/or its affiliates, officers, directors, agents and employees from any claim or demand, including reasonable attorneys’ fees, made or asserted by a third-party arising from, related to or connected with your violation of any law or your use of testing and all other materials supplied by VMBhits.com and/or its affiliates.
13. Force Majeure
Except for payment obligations, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, act of God, war, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party and not due to its fault or negligence.
Any required notices shall be given in writing to the Purchaser at the most recent contact information provided by Purchaser to VMBhits.com. We may send you notice by electronic mail as an alternative to conventional mail.
15. Governing Law and Venue
This Agreement, each transaction entered into in connection with this Agreement, and all matters arising from or related to this Agreement (including validity and interpretation) are governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts, without reference to any conflict of law principles. Purchaser submits to the exclusive jurisdiction of the federal and state courts located in Suffolk County, in the Commonwealth of Massachusetts.
16. Limitation of Claims
Purchaser must bring any action on any claim against VMBhits.com within one (1) year following the date the claim first accrued, or it shall be deemed waived.
17. Scheduled System Outages
VMBhits.com will notify users twelve hours in advance of any scheduled Site downtime for maintenance or updates and the anticipated duration of any such downtime. Such notification will be displayed on the home page of the Site.
VMBhits.com may give notice to Purchaser by means of a general notice on the Site, via electronic mail to Purchaser’s email address on record, or by written communication sent by first class mail to the address provided in Purchaser’s billing information.
Purchaser may give notice to VMBhits.com and such notice shall be deemed given when received by VMBhits.com at any time by any of the following:
- Electronic mail to email@example.com
- Letter delivered by first class postage prepaid mail to VMBhits.com at the following address: VMBhits.com, PO Box 890007, East Weymouth, MA 02189