Terms Of Use

Publication date: 7 of July 2022

These Terms of Use (the “Terms”) govern your use of the “Test to assess skills in product management” (Test) on the Website https://gopractice.io/sat/ (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 (all of which are collectively referred to as the “Company Service” or “Service”) – as well as your participation in the educational programs offered through the Service.

“Test to assess skills in product management” 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

1.1. Services. The Company agrees to perform the following Services:

• Provide You with the access to the Test and all related text and graphic materials; and
• Manage technical support for the Test.

“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 personalised certificate indicating the percentage of correct answers (hereinafter the “Certificate”) and an individual study plan based on the results of the Test.

1.2. 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.
• 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.

1.3. 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.

1.4. Non-commercial use. Your participation in the Test, your use of the Website, is solely for your personal and non-commercial use.

1.5. 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.

1.6. Information and consulting services. The Companyprovides 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. Delaware time on business days. For consulting support, You may contact the Company by email at contacts@gopractice.io.

1.7. 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

2.1. Contents. This includes all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of the Test or the Website.

2.2. Grant of License on the Content. The Company grants You a limited, non-exclusive, non-transferable license to access 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.

2.3. Restrictions. License is subject to these Terms and does not include: (a) provide access to, distribute, sell or sublicense Test and its parts to a third party, (b) use the Website on behalf of, or to provide any product or service to, third parties, (с) remove or obscure any proprietary notices in the or otherwise misrepresent the source of ownership of the Website, the or the Test, (d) interfere with the Website’s operation or the Test, circumvent its access restrictions or conduct any security or vulnerability test, (e) transmit any viruses or other harmful materials at the Website or the Test, (f) engage in any fraudulent, misleading, illegal or unethical activities related to the Website, or the Test.

2.4. Copyrights and trademarks. Unless otherwise noted, all materials including without limitation: logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Test are copyrights, trademarks, service marks and/or other intellectual property whether registered or unregistered owned, controlled or licensed by the Company. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on our Website, without the express written permission of the Company.

2.5. Ownership. The Company does not grant any rights or licenses unless those which are expressly set out in these Terms. Except for the use rights granted in these Terms, the Company retains all intellectual property and other rights to the Test and the Website and related Company technology, templates, formats and dashboards, including any modifications or improvements to these items. Except as expressly provided in these Terms, the Website, the Test may not be copied, modified, reproduced, republished, posted, displayed, transmitted, sold, offered for sale, redistributed, or disclosed in any way without Company’s prior express written permission.

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 or getting the Certificate/individual study plan.

4. DISCLAIMER

4.1. Limited Warranty. The Test and Website 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.

4.2. 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 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.

4.3. Disclaimer. In no event is the Company liable for any damages caused by Participant or user acts or omissions.

4.4. 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. 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 Participant.

4.5. 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 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.

4.6. 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. YOUR RESPONSIBILITY

If you violate provisions of these Terms regarding the intellectual property, You shall pay to the Company a fine in the amount of 100,000 US dollars for each case of violation within 3 working days from the date of receipt of the written request.

6. TERM AND TERMINATION

6.1. Term. These Terms are effective upon completion of Test by the Participant or until otherwise terminated as set forth herein.

6.2. 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 30 calendar days after notice.

6.3. 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.

6.4. 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.

7. CONFIDENTIALITY

7.1. Obligations. Each party will (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in these Terms, and (b) only use Confidential Information to fulfill its obligations and exercise its rights in these Terms. The party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 5 and they are bound to confidentiality obligations no less protective than this Section 7.

7.2. Exclusions. These confidentiality obligations do not apply to information that the party can document (a) is or becomes public knowledge through no fault of the receiving party, (b) it rightfully knew or possessed prior to receipt under these Terms, (c) it rightfully received from a third party without breach of confidentiality obligations or (d) it independently developed without using the other party’s Confidential Information.

7.3. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 5.

7.4. The obligation of non-disclosure of confidential information is valid for 10 years.

8. 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 Participant of any change to these Terms either 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.

9. SANCTIONS COMPLIANCE

9.1. You represent, warrant, and undertake that with respect to these Terms:

• (a) You shall comply with all applicable trade, economic, and financial laws, and regulations, including those administered and enforced by United States (https://sanctionssearch.ofac.treas.gov/), European Union and relevant Member States, the United Nations Security Council, or any other government bodies with jurisdictions relevant to these Terms (collectively referred to as the “Sanctions”)
• (b) Neither you nor your agents, representatives, employees, or other affiliates are in, or a resident or national of, any country that is subject to an export embargo United States, nor identified on any Sanctions lists, nor is owned or, where relevant under the Sanctions, controlled by the same.
• (c) You will not, directly or indirectly, engage in any unauthorized business or dealings with any persons under the Sanctions or otherwise engage in any activities prohibited by the Sanctions.
• (d) You should promptly notify the Company of the occurrence of any fact or event that would render any representation or warranty in this Section incorrect or misleading.

9.2. You acknowledge and agree that the Company is entitled from time to time to request you to provide documents and information verifying that you are in compliance with the representations and warranties above, and/or that the transaction contemplated by these Terms is permitted by domestic and foreign law, including Sanctions and embargoes law.

9.3. The Company may immediately suspend or terminate these Terms in case of any breach by you of any representation or warranty in this Section, or if the Company reasonably determines that it cannot perform its obligations under these Terms due to the Sanctions-related prohibitions, or if you refuse to provide documents and/or information at Company’s request, or if the Company reasonably determines that such provided documents and/or information are insufficient.

10. GOVERNING LAW

10.1. Governing Law, Jurisdiction and Venue. These Terms are governed by the laws of the State of South Carolina and the United States without regard to conflicts of law’s provisions and without regard to the United Nations Convention on the International Sale of Goods.

10.2. Dispute settlement. If You are not happy with the Services for any reason, please contact us contacts@gopractice.io first so that we can try to resolve your concerns without the need of any outside help. All disputes arising from or in connection with the agreement under these Terms may be resolved by the parties by sending a written pre-trial claim, the period of response to which is 10 business days. The claim is sent as a scanned copy of the document signed by You.

10.3. The jurisdiction and venue for actions related to these Terms will be the state and United States federal courts located in South Carolina.

11. GENERAL

11.1. Notices. Except as set out in these Terms, any notice or consent under these Terms must be in writing and will be deemed given: (a) upon receipt if by personal delivery, (b) upon receipt if by certified or registered mail or (c) upon receipt if by e-mail. If to the Company, notice must be provided to email contacts@gopractice.io. If the Participant, the Company may provide notice to the address the Participant provided at registration. The parties to these Terms have agreed that all digitally signed documents and scanned copies sent by electronic mail have the same effect as handwritten documents, give rise to rights and obligations of the parties, and may be used as evidence in court. Any files attached to an electronic communication shall be an integral part of that communication.

11.2. Entire agreement. These Terms are the parties’ complete and entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. Headings are for convenience only and “including” and similar agreement are to be construed without limitation.

11.3. Amendments. Except as otherwise provided herein, any amendments, modifications or supplements to these Terms must be in writing and signed by each party’s authorized representatives or, as appropriate, agreed through electronic means provided by the Company. Nonetheless, with notice to the Participant, the Company may modify these Terms to reflect new features or changing practices, but the modifications will not materially decrease the Company’s overall obligations.

11.4. Waivers and Severability. Waivers must be signed by the waiving party’s authorized representative and cannot be implied from conduct. If any provision of these Terms is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary, so the rest of these Terms remain in effect.

11.5. Force Majeure. Neither party is liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster.

11.6. Subcontractors. The Company may use subcontractors and permit them to exercise the Company’s rights, but the Company remains responsible for their compliance with these Terms and for its overall performance under these Terms.

11.7. Language version of these Terms. Where the Company has provided with a translation of the English language version of these Terms, and/or any other documentation, the Participant agrees that the translation is provided for convenience only and that the English language versions will govern.

12. 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.

Postal address: 2261 Market Street #4830 San Francisco, CA 94114.
Email address: contacts@gopractice.io