Terms of Use
Effective Date: January 1st, 2017
1. ACCEPTANCE OF TERMS OF USE
CommandHound, LLC (“CommandHound”) has an End-User License Agreement or a Professional Services Agreement (the “Agreement”) with the company for whom you work (the “Client”) to provide existing employees of the Client access to certain tools and services (the “Service”) accessible through this website (the “Site”.) You have been granted access to the Site by the Client to monitor or administer the Service on behalf of the Client. Please be advised that you are bound by all of the terms and conditions of the Agreement. If you have any questions concerning the Agreement, please contact your supervisor. All capitalized terms used but not otherwise defined herein shall have the meanings that are assigned to such terms in the Agreement.
Please review these Client Terms of Use carefully, as they form the basis of a legally binding contract between you and CommandHound regarding your access to and use of the Site. By accessing the Site, you agree to be bound by all of the terms and conditions set forth herein. Moreover, your breach of these terms and conditions could cause the Client to be in breach of the Agreement.
CommandHound reserves the right to change these Client Terms of Use and/or the Service from time to time at its sole discretion (subject to the Agreement) by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any.
2. PASSWORDS AND SECURITY
You agree that you will not: (a) permit other individuals to use your password; or (b) copy any portion of any information provided through the Service. Please note that you are solely responsible for any and all activities that occur under your password or account and for ensuring that you exit or log-off from your account at the end of each session of use. You shall notify CommandHound immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. User accounts cannot be “shared” or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service. You remain solely responsible for any authorized or unauthorized use of your password.
3. YOUR CONDUCT
You agree not to:
- upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (y) infringes any third party’s intellectual property; or (z) contains viruses, worms, Trojan horses, back doors or trap doors, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;
- impersonate any person or entity, including, but not limited to, a CommandHound official or falsely state or otherwise misrepresent your affiliation with a person or entity;
- attempt, through any means, to gain unauthorized access to the Site, or another user’s account on the Site;
- forward or share any information regarding the Service and/or the Site, including, to any third party unless pursuant to the Client’s direction and as authorized by the Agreement;
- make a hiring or termination decision solely on the basis of an Assessment; or
- use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without our prior expressed written permission. Additionally, you agree that you will not take any action that imposes an unreasonable or disproportionately large load on CommandHound’ infrastructure.
The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
4. PROPRIETARY RIGHTS RESTRICTIONS
All material on the Site, including, without limitation, all informational text, design of and “look and feel” of the Site, layout, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by CommandHound or other parties that have licensed their material to CommandHound and is protected by copyright, trademark and other intellectual property laws. CommandHound disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either CommandHound or other third parties. You agree not to display or use such marks without CommandHound’s prior written permission.
The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
CommandHound alone shall own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service (“Submissions”), and you agree to assign such Submissions to CommandHound free of charge. CommandHound may use such Submissions as it deems appropriate in its sole discretion.
5. LINKS TO OTHER WEB SITES
The Site may contain links to third party sites. The linked sites are not under the control of CommandHound. CommandHound does not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site, including, but not limited to, information provided at the Site that may link the user to a third party web site. In no event shall CommandHound or its licensors be responsible for any content or other materials on or available through such third party sites.
6. LOCAL LAWS AND EXPORT CONTROLS
The Site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other countries to which the United States and/or the European Union maintains an embargo (collectively, the “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, the “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
Any diversion of the content of the Site contrary to United States or European Union (including European Union Member States) law is prohibited. None of the content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorized by the United States Government or appropriate European body for such purposes.
7. CHANGES TO THE SITE
CommandHound reserves the right to modify, suspend or discontinue all or any portion of the Site and/or the Service at any time, without notice, although CommandHound will notify the Client of any material changes to this Site or the Service. Unless stated otherwise, any new features to the current Site or Service shall be subject to these Client Terms of Use.
8. FAILURE TO ABIDE BY THESE TERMS
CommandHound may in its sole discretion disable your password or terminate or suspend your account and any current activities at the Site immediately, without notice to you, if you breach these Client Terms of Use or if CommandHound is unable to verify or authenticate any information that you provide to it. CommandHound reserves the right, in its sole discretion, to refuse access to any user at any time to those portions of the Site that require registration. You agree that CommandHound shall not be liable to you or any third party for any termination of your access to any Material, content, the Service and/or the Site.
9. COMMANDHOUND PRIVACY POLICY
On-line information collected and certain other information is subject to our Privacy Policy. For more information, please see our full Privacy Policy.
10. MISCELLANEOUS
If any provision of these Client Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Client Terms of Use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.