Product Terms and Conditions
THIS AGREEMENT is by and between DataTech Software Inc., a Pennsylvania corporation having its principal office at 400 Linglestown Rd., Suite 302, Harrisburg, PA 17112 (hereinafter referred to as “DataTech”), and you (herein referred to as “Client”). Maximum Advantage, Selection Sciences, and HR Strategies Today are business names and brands used by DataTech. All Products and provided by DataTech subject to these terms and conditions.
WHEREAS, DataTech is engaged in the resale and distribution of a wide variety of employee evaluation and assessment products and systems which are developed by other companies as well as training and consulting services developed by DataTech and its agents and consultants (the “Products). DataTech is not the manufacturer or creator of these products.
WHEREAS, these Products have been used by a wide variety of private businesses, trade associations and non-profit organizations for the areas of pre-employment screening, employee coaching and development, staff productivity, and reorganization;
NOW, THEREFORE, in consideration of the mutual promises, covenants, agreements, representations and warranties herein contained, the parties agree as follows:
DataTech provides all Products subject to these terms and conditions (“T&C”). Please review these terms and conditions prior to using any Product. Using any product signifies your agreement with these terms and conditions. If you do not agree with these terms and conditions, return the Product(s) for a refund.
Warranty and Liability
EXCEPT AS EXPRESSLY SET FORTH HEREIN DATATECH MAKES, AND CLIENT RECEIVES, NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION NO WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT FOR ANY PRODUCT. DATATECH HAS NO LIABILITY OR RESPONSIBILITY FOR ANY POSSIBLE ADVERSE IMPACT OR THE VALIDITY OF THE PRODUCTS OR SUCCESS OR PERFORMANCE OF ANY WORKERS HIRED OR NOT HIRED. DATATECH DOES NOT WARRANTY THAT ANY PRODUCT WILL MEET THE REQUIREMENTS OF THE CLIENT.
In no event shall DataTech be liable to Client, or to any third party, for any consequential, special, incidental or other indirect damages whatsoever (including without limitation lost profits, loss of data, or business interruption) arising out of the use of or inability to use the DataTech Products or from any other or theory of liability (including but not limited to negligence, malpractice, and breach of contract), even if advised of the possibility of such damages.
You should never base any hiring or other personnel decision solely on the results, reports, scores, or recommendations of any Product. You agree that all decisions will be made based solely upon your professional judgment with the Product results being one component of your decision.
Even during multiple face to face interviews it is possible for candidates to answer questions deceptively or enhance their answers to be whey they think you want to hear. While some of our Products include indicators which provide an indication of how candid and frank the respondent was while taking this assessment, there is no guarantee of the accuracy or validity of the results provided to you by any employee or candidate.
Benchmark and Model Quality
The results obtained by using some of our Products will be influenced by the accuracy of the ‘benchmarks’ or ‘performance models’ (the “Standards”) that are created by you the Client to define the requirements of a specific position, therefore it is critical that you follow the steps outlined in the appropriate technical manual for the Product that you are using. Failure to follow these steps can negatively impact the results obtained using the Product. Even if we assist you in the creation of Standards or create the Standard for you, the final acceptance and accuracy of the Standards is yours.
While the reports provided by our Products are largely easy-to-use and self-explanatory, they should never be used by anyone who has not been trained by an authorized DataTech trainer. In addition, all users should obtain, review, and understand the documentation and technical manuals provided with each Product. You agree that DataTech has not made any representations either verbally or in writing about the capabilities or use of the Products other than those found in documentation for the product.
Our Product providers have created validated and reliable assessment tools to the extent documented in the technical manual for each Product. DataTech does not make any representations about the validity of the validity, reliability, or adverse impact of any Product.
You are advised to measure the impact of the test on your specific hiring practices independently of the reliability and validation studies set forth in the Product’s Technical Manual in order to ensure that there is no disparate impact with regard to your specific hiring practices.
Specific State Laws
It is the responsibility of the user to understand and comply with state specific laws relating to the use of the Products in their state.
Legal and Other Advice
You agree that DataTech is not engaged in rendering legal, psychological, or other professional service. If legal or other professional advice is required, the services of a competent professional person should be sought.
Any assistance or advice regarding the creation of Standards, the selection of candidates, or other topics are only opinions and are provided “as is”, with no warranties or representations. As with all other aspects of using the Products, all final decisions rest with the Client.
You agree that DataTech is only a PXT Select Authorized Partner of Profiles International LLC which is a subsidiary of John Wiley and Sons, Inc., and a distribution partner of eSkill Corporation. Therefore, you release and waive all claims against DataTech, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of DataTech from any and all claims, damages, liabilities, costs and expenses arising out of your use of the Products.
These terms and conditions shall be construed in accordance with and governed by the laws of the United States and the State of Pennsylvania, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Dauphin County, Pennsylvania, United States in all disputes arising out of or related to the use of the products.
This Agreement together with any attachments constitutes the entire agreement between the parties regarding its subject matter and supersedes any and all prior or contemporaneous agreements, understandings, representations or statements of either party.