USER AGREEMENT
PLEASE READ THE TERMS OF THIS AGREEMENT
CAREFULLY. BY SELECTING THE "I ACCEPT" OPTION BELOW YOU AGREE
TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE TERMS OF USE AND PRIVACY POLICY, , ALL OF WHICH ARE ENFORCEABLE AS ANY WRITTEN
AGREEMENT NEGOTIATED AND SIGNED BY YOU AND LUGO GLOBAL SERVICES LTD. IF YOU DO
NOT AGREE TO THESE TERMS, SELECT THE "I DO NOT ACCEPT" OPTION
BELOW.
This User Agreement
applies to your use of the online pre-employment skill assessment system (the
"System") owned and managed by LuGo Global Services Ltd.
("LuGo" or "us"), which allows employers to assess the
skills of candidates for employment.
1. THE TEST
1.1.
Subject to the terms and
conditions hereof, LuGo hereby grants you access and permission to use the
System in order to take the skill assessment test (the "Test"). The
Test was composed by your referring potential employer (the
"Company") by selecting question topics from the System's question
bank. Once you complete the Test, the Test results (the "Results")
will be transferred to the Company and LuGo shall not retain any copy of them.
1.2.
During the Test you will be identified, checked, and monitored over the
Internet through your computer and your webcam. Your face, screen, and workspace
will be captured, and a recording will be made of these images for the purposes
of test integrity, person identification, and anti-cheating measures.
1.3.
Please review our
Privacy Policy to understand our practices regarding the processing of your
personal data. You acknowledge and agree to the use of your data in accordance
with the Privacy Policy.
2. PROPRIETARY
INFORMATION
2.1. All information
disclosed, learned or acquired by you through use of the System or in
connection thereto shall be considered as LuGo's
proprietary information, including but not limited to, all questions, Tests,
Test forms, designs, creations, works, works in progress, statistical
information and other materials or any derivatives thereof (the
"Proprietary Information").
2.2. With respect to the
Proprietary Information, you hereby represent that:
2.2.1. The Proprietary
Information is and shall at all times remain the sole and exclusive property of
LuGo.
2.2.2. You will hold the
Proprietary Information in confidence and shall not disclose it to third
parties.
2.2.3. You shall not use the
Proprietary Information for any purpose other than for use of the System in
accordance with the terms of this Agreement and will not license, disclose,
publish, distribute, store, copy or prepare derivative works of the Proprietary
Information.
3. LIABILITY AND
INDEMNIFICATION
3.1. LuGo's sole responsibility
under this Agreement is to provide you with access and use of the System and
transfer the Results to the Company. Although Lugo uses its reasonable
commercial efforts to make the System as accurate and reliable as possible, it
cannot and does not warrant that the System shall at all time be accurate,
complete, reliable, current or error-free. LuGo makes no warranties or
representations express or implied, in law or in fact, including any implied
warranties of merchantability and fitness for any particular purpose, or
non-infringement, in connection with the System or any other service provided
by LuGo under this Agreement.
3.2. LuGo shall in no
event be liable for any actual or potential damage that may be caused to you
and/or to any third party, including the Company, arising from use of the
System, including but not limited to, decisions or acts taken by the Company
and/or by you based on the Results. You shall
indemnify and hold harmless LuGo and its employees, directors and
representatives from and against any and all claims, costs, losses, damages,
liabilities, judgments and expenses (including reasonable attorney's fees),
arising out of or related to the your use of the
System.
4. LIMITATION OF
LIABILITY
IN NO EVENT WILL
EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT FOR YOUR INDEMNIFICATION
OBLIGATIONS UNDER SECTION ý3.2 ABOVE, EACH PARTY'S TOTAL LIABILITY TO THE
OTHER FOR ANY CLAIM UNDER THIS AGREEMENT WILL BE LIMITED TO US$100.
5. MISCELLANEOUS
5.1. This Agreement
constitutes the entire understanding and contract between the parties and
supersedes any and all prior and contemporaneous oral or written
representations, communications, understandings and agreements between the
parties with respect to the subject matter hereof.
5.2. This Agreement will
be governed by the laws of the State of Israel (without reference to its choice
of law rules) with exclusive jurisdiction in the competent courts of Tel-Aviv.