The Free Career Test

Please read the following carefully as it governs your use of the Web pages hosted by IBH Interactive Business Holdings Ltd. and/or various affiliates and partners owned or managed by IBH Interactive Business Holdings Ltd. ("IBH") (collectively referred to as the "Site"). By accessing or using the Site, you expressly agree and consent to the following terms and conditions:

1. RESTRICTIONS OF USE

The materials posted on these pages by IBH may be retrieved for your own personal use and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may share your results with friends, relatives and trusted advisors for the purpose of assisting you with your career planning or educating them about the availability of the Site. You may not otherwise copy, modify or distribute the contents of these pages without the express permission of IBH, including for any commercial purposes. IBH reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that IBH shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site.

You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.

2. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of our Site, you represent that you are at least 14 years of age and are not a person barred from receiving services under the laws of the applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form.

3. THIRD PARTIES

IBH expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof. You also may obtain access to other sites on the Internet through these pages. By providing this service, IBH is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that IBH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ ads on the Site.

4. NO WARRANTY

IBH makes no representations or warranties with respect to these pages or their contents (including without limitation material communicated by third parties), which are provided on an "as is" and "as available" basis. IBH disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to these pages. IBH makes no representations or warranties that the services provided by these pages will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, IBH is not responsible for those costs. IBH also makes no representations or warranties as to whether the information accessible via these pages is accurate, complete or current. IBH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, experience or otherwise.

5. LIABILITY DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IBH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (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 SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

6. PROPRIETARY RIGHTS

The Site and all right, title and interest in and to the Site is the sole property of IBH and/or its Affiliates (including parent company) or its licensors, and is protected by U.S. copyright and international treaties. IBH reserves for itself and its licensors all other right, title and interest. "IBH," the IBH and Free Career Test design logo and certain other names or logos are service marks or trademarks of IBH and all related product and service names, design marks and slogans are the service marks or trademarks of IBH. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by IBH’s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. You agree that the Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that content, including any tests and/or reports, contained in advertisements or information presented to you through the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by IBH or its advertisers (as applicable), you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

7. FITNESS FOR USE

IBH makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local laws. These Terms of Use shall be construed and enforced in accordance with the laws of the State of New York. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in the State of New York.

8. GENERAL INFORMATION

Entire Agreement. These Terms of Use constitute the entire agreement between you and IBH and govern your use of the Site, superseding any prior agreements between you and IBH with respect to the Site. You also may be subject to additional terms and conditions, e.g., our Privacy Policy, as set forth . on our Site or when you use or purchase certain other IBH services, affiliate services or third-party content or third-party services.

Choice of Law and Forum. The Terms of Use and the relationship between you and IBH shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and IBH agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.

Indemnity. You agree to defend, indemnify, and hold harmless IBH (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, or your breach of this Agreement. IBH shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Waiver and Severability of Terms. The failure of IBH to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Your use of this site indicates an acceptance of these Terms of Use as written at that time. IBH reserves the right to update or amend these Terms of Use at any time without notice.

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Privacy Information - IBH recognizes the importance of protecting the information that we collect from customers during the process of using the IBH site. For further information, please review our complete Privacy Policy. If you have questions about any of the provisions described above, please contact us at privacy@free-career-test.com .

Update effective January 17, 2008.