for Growth Skills Assessment Test

Publication date: 27/09/2023

THESE TERMS OF USE ARE APPLICABLE IN ADDITION TO AND ON THE BASIS OF THE GENERAL TERMS OF USE, LOCATED AT THE FOLLOWING LINK: https://gopractice.io/legal/agreement/

These Terms of Use (in this document – the «Terms») govern your use of the Product «Growth Skills Assessment Test» (Test)  on the Website owned or operated by GoPractice Inc, incorporated and registered in United States of America, (company number SR 20192471017, address: 2261 Market Street #4830 San Francisco, CA 94114) («Company» «we», «us» or «our»), including the related educational applications, interactive features, and resources offered by Company on the Website.

The Test is a set of text and graphics that provides an interactive platform for assessing marketing knowledge and skills. The Test is provided on the gratuitous (royalty-free) basis.

The terms and conditions under which a person may participate in the Test and use the Website, the Platform and contents are set forth below and in the Privacy Policy. All such terms and conditions are collectively referred to as the «Terms». 

By participating in the Test, or using Website, you (hereinafter «You» or the «Participant») agree to be bound by these Terms. If You do not agree to be bound by these Terms, You must not participate in the Test, or use the Website in any way possible.

The Company reserves the right to change or modify these Terms at any time and based upon its sole discretion. If the Company makes changes to these Terms, a respective notice of such changes shall be provided, or the «Publication date» date at the top of these Terms shall be changed.

  1. SERVICES AND PRINCIPLES
    1. Services. The Company agrees to provide You with the access to the Test and all related text and graphic materials.
      «Test to assess skills in product management» comprises a professional test for assessing your knowledge and skills offered by the Company. When You complete the Test, you will be provided a digital personalized certificate indicating the percentage of correct answers (hereinafter the «Certificate») and an individual study plan based on the results of the Test.
    2. You understand and acknowledge the following:
      • THE TEST IS NOT ACCREDITED. The Company is not an accredited institution and we do not confer formal degrees. The Certificate is not a formal degree, and the Test is not an educational program.
      • YOU WILL NOT RECEIVE ACADEMIC CREDIT FOR THE COMPLETION OF A TEST. The Certificate will not entitle you to academic credit recognized by any other institution, college or university.
      • COMPLETION OF THE TEST IS NOT A GUARANTEE OF FUTURE EMPLOYMENT OR ADVANCEMENT. We do not and cannot make any representations and warranties regarding your future employment or advancement.
      • YOUR WORK MUST BE YOUR OWN. The work You perform and submit, while doing a Test, will be your own work.
      • THE TEST IS PROVIDED ON AN «AS IS» BASIS. We are not responsible for temporary unavailability or for test results meeting your expectations. However, we make efforts to ensure a high level of Services.
    3. Acceptance. The moment of complete and unconditional acceptance by the Participant of the Company’s proposal to conclude an agreement under these Terms (acceptance of the offer) is the fact of clicking the «Start Test» button on Test and the subsequent taking of the Test.
    4. Non-commercial use. Your participation in the Test, your use of the Website, is solely for your personal and non-commercial use. 
    5. Prohibition. The Company reserves the right, at its sole discretion, to decline registration of any participant for the Test and further reserves the right to prohibit any participant who breaches these Terms.
    6. Information and consulting services. The Company provides remote consulting support regarding the rights and obligations of the parties to these Terms on the basis of your requests. Advisory support is provided between 10 a.m. and 6 p.m. (UTC+3) on business days. For consulting support, You may contact the Company by email at contacts@gopractice.io. 
    7. The Company does not provide you with any equipment and does not reimburse any other costs incurred in connection with the implementation of the methods of use of the Course.
  2. LIMITED LICENSE
    1. Grant of License on the Product. The Company grants You a limited, non-exclusive, non-transferable license to access and pass the Test. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. The Company may revoke your license at any time at its sole discretion. Upon such revocation, You must promptly destroy all content downloaded or otherwise obtained, as well as copies of such materials, whether made in accordance with these Terms.  
  3. FEES AND PAYMENT
    The Test is provided on the gratuitous (royalty-free) basis. You are not obliged to pay any fees for completion of the Test.
  4. DISCLAIMER
    1. Limited Warranty. The Test is operated by us on an «as is» basis, without representations or warranties of any kind. You use the Service at your sole risk. The Service is provided on an «as is» and «as available» basis. To the fullest extent permitted by law, the Company and its affiliates expressly disclaim all warranties of any kind, whether expressed or implied, with respect to the Service (including, but not limited to, the implied warranties of merchantability, suiting  for a particular use or purpose and non-infringement). The Test or Website may be temporarily unavailable due to scheduled maintenance or unscheduled emergency maintenance, or because of other causes beyond our reasonable control. The Website, the content of the Test and the Confidential Information and all other information and materials are provided «as is» and without warranty of any kind. The Company and its licensors expressly disclaim all warranties, either expressed or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, suiting for a particular purpose, title and noninfringement. Furthermore, the Company does not warrant or make any representations regarding the use or the results of the use of the content or related documentation in agreement of their correctness, accuracy, reliability, or otherwise. No oral or written representations made by the Company, or an agent thereof shall create a warranty or in any way increase the scope of this warranty. 
    2. Exception. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, some or all of the above limitations may not apply to the Participant. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law. 
    3. Disclaimer. In no event is the Company liable for any damages caused by Participant or user acts or omissions.
    4. Indemnity. The Participant agrees to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, licensees, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, costs, and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, Participants’ violation of these Terms or the representations and warranties therein, or relating to or arising from use of the Website and Contents. The Participant shall cooperate as fully as reasonably required in the Company’s defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Participant and Participant shall not in any event settle any matter without the prior written consent of the Company. Participant agrees to reimburse the Company for any costs or fees related to its enforcement of these Terms, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by the Company. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Participant.
    5. Compliance with Law and Export Controls. The Company makes no representation or warranty that the Test is appropriate or available for use in all locations outside the United States. The Participant use of the Test must comply with all applicable laws, rules and regulations, and the Participant is solely responsible for compliance with local laws. The Participant agrees and certifies that all information and any technical data received from the Test will be exported or re-exported outside the United States only as authorized and as permitted by the laws and regulations of the United States.
    6. Without limiting the generality of the foregoing, you acknowledge and agree that our services shall not be tailored to your level of education or professional needs and shall be provided without any guarantees, conditions, warranties, or representations as to the services or their result. To the extent permitted by law, the Company and any third parties connected to the Company hereby expressly exclude all guarantees, conditions, warranties, representations, and other terms which might otherwise be implied by statute, common law, or the law of equity.
  5. TERM AND TERMINATION
    1. Term. These Terms are effective upon completion of Test by the Participant or until otherwise terminated as set forth herein.
    2. Termination for Cause. Either party may terminate the agreement under these Terms if the other party fails to cure a material breach of these Terms within 7 calendar days after notice.
    3. Effect of Termination. Upon expiration or termination of these Terms, access to the Test will cease. At the disclosing party’s request upon expiration or termination of these Terms, the receiving party will delete all of the disclosing party’s Confidential Information. Other Confidential Information may be retained in the party’s standard backups after deletion but will remain subject to these Terms confidentiality restrictions.
    4. Survival. All representations, warranties, covenants, and agreements contained herein and all related rights to indemnification shall continue in full force and effect following the date hereof.
  6. CHANGE IN TERMS
    Сhange in Terms. The Company reserves the right at any time to modify, amend these Terms at its sole discretion. The Company will use commercially reasonable efforts to notify You of any change to these Terms either by sending an email to the email address provided with registration or by a posting on the Website. These, as amended, will be effective upon acceptance of registration for new Participants and effective for all existing Participants 2 calendar days after the posting of any amended Terms on the Website. The Participant agrees to be bound by these Terms, as modified. 
  7. CONTACTING US
    If You have any questions or concerns about the Test, usage of Website or anything else, please follow the Contact us link on the Website, or send an email to contacts@gopractice.io.
    Post: 2261 Market Street #4830 San Francisco, CA 94114.