This page represents the Terms and Conditions of Use (“Agreement” or “Legal Terms”) regarding our Website, located at sifthr.com, and the tools and services we provide you. It was last updated on 12 April 2019. The term “Sift” as used in this Agreement refers to Sift Human Resources LLC and you are referred to as “You“, “Organization” or “The Organization”.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website or use our products or services. If you do not wish to be so bound, please do not use or access our Website or purchase or use our products or services.
Copyrights and Trademarks
Unless owned by Wiley or 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 Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Sift. Our Website as a whole is protected by copyright and trade dress. 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 prior written permission of the Intellectual Property owner. Sift enforces its intellectual property rights to the fullest extent of the law. The names and logos of Sift, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Sift. Sift prohibits use of any logo of Sift or any of its affiliates as part of a link to or from any Website unless Sift approves such link in advance and in writing. Fair use of Sift’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than Sift. Such links are provided for your reference only. Sift does not monitor or control outside Websites and is not responsible for their content. Sift’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Sift’ inclusion of the links imply that Sift is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Postings on our Website are made at such times as Sift determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Sift does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Services and Products
- The Organization will indemnify and hold Sift harmless from and against all damages, liabilities, claims, awards, settlements, and reasonable attorneys’ fees and costs arising from Sift’s services, products, or any breach or alleged breach of its representations, warranties, or covenants hereunder.
- The Organization acknowledges that the PXT/PXT Select assessment is protected by intellectual property law. Any unauthorized duplication, modification, translation or other use not expressly permitted in this Agreement or by applicable law is strictly prohibited without express written agreement from the publisher of PXT/PXT Select.
- All sales are final upon Sift’s receipt of the order. Purchases of PXT/PXT Select assessments may not be returned for credit or refunds. Unused assessments may not be returned, credited, or reimbursed. Payment via a check with non-sufficient funds will incur a $25 fee.
- The Organization understands that The Organization is responsible for all access to and use of the Profile Assessment Center (PAC) System by The Organization’s personnel or by means of The Organization’s passwords, whether or not The Organization has knowledge of or has authorized such access or use. The Organization agrees to defend and indemnify Sift from and against any third-party claims and resulting damages arising from The Organization’s use of the PAC System or PXT/PXT Select assessments.
- The Organization must abide by all service terms posted on the PAC System. Use of the PAC System is at The Organization’s risk. The Organization acknowledges that the PAC System is a website that is dependent on the Internet and complex technology that may be vulnerable to hackers and other factors beyond Sift’s control or the control of the publisher of PXT/PXT Select.
- Except for payment obligations, neither party shall be liable for failure or delay in performing its respective obligations hereunder if such failure or delay is occasioned by compliance with governmental regulation, request, or order or by circumstances beyond the reasonable control of the party so failing or delaying.
- DISCLAIMER OF WARRANTIES. OUR WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER (INCLUDING, WITHOUT LIMITATION, THE PAC SYSTEM AND PXT/PXT SELECT ASSESSMENTS) ARE PROVIDED “AS IS” AND SIFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. IN NO EVENT WILL SIFT BE LIABLE UNDER OR AS A RESULT OF THIS AGREEMENT TO THE ORGANIZATION, ANY END USER OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES (SUCH AS DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, DISCRIMINATION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR OTHER INTANGIBLES, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY) UNDER ANY THEORY OF LIABILITY, EVEN IF SIFT HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. THE ORGANIZATION ASSUMES ALL LIABILITY FOR ANY SELECTION, HIRING, DEVELOPMENT, TERMINATION, AND PROMOTION DECISIONS AND ANY OTHER PLANNING OR STAFFING ACTIVITIES. IN NO EVENT SHALL SIFT’S TOTAL AGGREGATE LIABILITY HEREUNDER EXCEED THE AMOUNT OF CHARGES PAID BY THE ORGANIZATION TO SIFT HEREUNDER. WITHOUT LIMITING THE FOREGOING, SIFT SHALL HAVE NO LIABILITY FOR: (I) THE USE OR THE INABILITY TO USE THE PAC SYSTEM OR SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PAC SERVICE; OR (III) INJURY CAUSED BY UNAUTHORIZED ACCESS TO OR ALTERATIONS OF TRANSMISSIONS OR DATA, BY CONDUCT OF ANY THIRD PARTY USING THE PAC SERVICE OR BY ANY OTHER MATTER RELATING TO THE PAC SYSTEM OR SERVICE.
- If any provision of this Agreement is found to be illegal, against public policy or otherwise invalid, it will not affect the legality, validity or enforceability of the other provisions of this Agreement. The illegal or invalid provision will be replaced with a provision that is legal, valid and enforceable and most closely respects the intent of the parties and all other provisions of this Agreement will continue.
- By using our Website, products, or services, You acknowledge your have read and agree to be bound by these terms and conditions. This is the entire Agreement between Sift and You; it supersedes all prior agreements, proposals, negotiations, conversations or discussions, whether written, oral, or in any other form.