By accessing any areas of www.upwardmotion.com or www.e-assessments.com
or www.realestatetest.com or www.realestatesimulator.com(the
Sites), including the online assessment product Real Estate
Simulator™ (the “Assessment Product”),
users ("Users") agree to be legally bound and to
abide by the terms set forth below. Both www.upwardmotion.com
and www.e-assessments.com are owned and operated by Upward
Motion Inc. (“Upward Motion”).
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU
DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITES OR
USE THE ASSESSMENT PRODUCTS OFFERED ON THE SITES.
Limited License
Upward Motion holds the copyright to all the material on
the Sites. Except as stated herein, none of the material on
the Sites may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form by
any means, including electronic, mechanical, photocopying,
recording or otherwise, without the prior written consent
of Upward Motion. The User may print, in hard copy, portions
of the Sites only if the User is a prospective purchaser and
is evaluating Upward Motion’s products and services
for the purpose of placing an order with Upward Motion. The
use of any such material for any other reason, on any other
website, or the modification, distribution or republication
of this material without prior written permission from Upward
Motion is strictly prohibited.
This limited license terminates automatically if you breach
any of the terms herein. In addition, Upward Motion may terminate
this license without notice at any time for any reason. Upon
termination, you must immediately destroy any materials downloaded,
printed or otherwise obtained from the Site.
Unauthorized use of any material on the Site may violate
copyright laws, trademark laws, the laws of privacy and publicity,
communications regulations and statutes or other applicable
laws, rules or regulations, and may subject you to civil liability
and/or criminal penalties.
Users who have active User Passwords or Admin Passwords issued
to them by Upward Motion are hereby granted a nonexclusive,
non-transferable license to use the appropriate Assessment
Product. One User Password permits the User to complete a
single assessment. Only the User with an active Admin Password
is permitted to access, view or print assessment results.
Proprietary Rights
Users acknowledge that the Sites and the Assessment Products
are the property of Upward Motion and that Upward Motion retains
all rights, title, and interest in and to the Sites and the
Assessment Products, including without limitation all copyrights,
intellectual property, and other proprietary rights. Users
further acknowledge that the Sites and the Assessment Products
contain information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds, and other material
("Content") that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. Upward Motion holds
the copyright to all of the Content.
Users may not, nor authorize or permit any third party to,
modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole
or in part. Except as permitted by the fair use privilege
under the U.S. copyright laws (see, e.g., 17 U.S.C. Section
107), Users may not upload, post, reproduce, or distribute
in any way any part of Content without obtaining permission
from Upward Motion.
Except and only to the extent that such activity is expressly
permitted by applicable law, Users may not, nor authorize
or permit any third party to, reverse engineer, reverse assemble,
decompile, disassemble or otherwise apply any procedure or
process to any Assessment Product to ascertain, derive, and/or
appropriate for any reason or purpose, the source code, algorithms,
underlying data or structure, or trade secrets enabling or
contained within the Assessment Products.
Trademarks
The Assessment Products and any Content on the Sites, or
any website owned, operated, or controlled by Upward Motion
are all trademarks and the property of Upward Motion and shall
not be copied, reproduced, republished, posted, transmitted
or distributed in any way without a written permission from
Upward Motion. All rights reserved.
Disclaimers and Limitation of Liability
Users expressly agree that use of the Sites or the Assessment
Products is at the Users’ sole risk. The Sites and
the Assessment Products are provided by Upward Motion on an
"As Is" and "As Available" basis. Upward
Motion makes no representations or warranties of any kind,
express or implied, as to the operation of the sites, the
information, content, materials or products, included on the
Sites, or the Assessment Products. To the full extent permissible
by applicable law, Upward Motion disclaims all warranties,
express or implied, including but not limited to, implied
warranties of merchantability and fitness for a particular
purpose, with respect to the Sites or the Assessment Products.
Upward Motion will not be liable for any damages of any kind
arising from the use of these Sites or the Assessment Products,
including but not limited to direct, indirect, incidental
punitive and consequential damages. No oral advice or written
information given by Upward Motion nor its affiliates, nor
any of their officers, directors, employees, agents, providers,
or the like, shall create a warranty; nor shall user rely
on any such information or advice. Further, neither Upward
Motion, nor its affiliates, nor any of their officers, directors,
or employees, agents, third-party content providers, sponsors,
service providers, licensors ("Providers"), or the
like, represent or warrant that the sites or the assessment
products (including any data contained therein) will meet
all of the user’s requirements or always be available,
accessible, uninterrupted, timely, secure, accurate, reliable,
complete, or error-free.
Under no circumstances shall Upward Motion or any other party
involved in creating, producing, or distributing the Sites
or the Assessment Products be liable for any direct, indirect,
incidental, special, or consequential damages that result
from the use of or inability to use the Sites or the Assessment
Products including but not limited to reliance by a user on
any information obtained from the Sites or the Assessment
Products, or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays
in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications
failure, theft, destruction, or unauthorized access to the
sites or the assessment Products or other Upward Motion’s
records, programs, or services. In any event, Upward Motion's
cumulative liability to the User or any other party for any
loss or damages resulting from any claims, demands, or actions
arising out of or relating to this license shall not exceed
the amounts paid by the User for the use of the Assessment
Products. Users hereby release Upward Motion from any and
all obligations, liabilities and claims in excess of this
limitation. Users hereby acknowledge that this paragraph shall
apply to all content, products, and services available through
the Sites, including but not limited to the Assessment Products.
Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such
states liability is limited to the fullest extent permitted
by law.
No Professional Advice
The Assessment Products are designed to provide information
only. Neither Upward Motion nor any of its Assessment Products
are provided as a means of providing or rendering professional
advice or consulting services. If professional advice or other
expert assistance is required, the service of a competent
professional person should be sought.
Technical Requirements
To operate the Assessment Products, the User is required
to have the following computer configuration: MS Windows 98
or higher, MS Internet Explorer 5 or higher or Netscape 4.76
or higher, Pentium or AMD processor 500 MHz or better, 128
MB RAM, 4 MB video card or higher, mouse, keyboard, sound
card, speakers or headphones, colour monitor with a minimum
resolution of 800x600, high speed connection to the Internet
(DSL, cable, T1, or higher). Upward Motion shall have no responsibility
for use of the Assessment Products in conjunction with other
hardware or other operating systems.
The Assessment Products and demos provided on the Sites requires
the Macromedia Shockwave plug-in to work as intended. Unless
Users already have the plug-in properly installed on their
computers, Users may be required to download and install the
Macromedia Shockwave plug-in.
Third-Party Websites and Software
Upward Motion makes no claim or representation regarding,
and accepts no responsibility for, the quality, content, nature
or reliability of (a) third-party websites accessible by hyperlinks
from the Sites or from the Assessment Products or (b) any
software contained on these third-party websites. Upward Motion
is providing these links to Users only as a convenience, and
the inclusion of any link does not imply affiliation, endorsement,
or adoption by Upward Motion of the site or any software or
information contained therein. When leaving the Site, Users
should be aware that Upward Motion's terms and policies no
longer govern, and, therefore, should review the applicable
terms and policies, including privacy and data gathering practices,
of that website.
Privacy Policy
In accordance with the terms of Upward Motion’s Privacy
Policy, Upward Motion respects the privacy of its Users.
Access to Password-Protected or Secure
Areas
Upward Motion may restrict some areas of the Sites to authorized
users only. Access to and use of areas of the Sites that are
password-protected and/or secure is restricted to such authorized
users only. Unauthorized individuals attempting to access
these areas may be subject to civil liability and criminal
penalties.
Termination of Usage
Upward Motion may terminate a User's access, or suspend any
User's access to all or part of the Sites, including the Assessment
Products, without notice, for any conduct that Upward Motion,
in its sole discretion, believes is in violation of any applicable
law or is harmful to the interests of another User, any third-party,
a service provider, or Upward Motion.
Applicable Law
The Sites are created and controlled by Upward Motion of
Toronto, Ontario, Canada. As such, the laws of the Province
of Ontario, Canada, will govern these disclaimers, terms and
conditions, without giving effect to any principles of conflicts
of laws. Any action brought to enforce or interpret any aspect
of these Terms of Use shall be held in Toronto, Ontario. Upward
Motion reserves the right to make changes to its site and
these disclaimers, terms and conditions at any time. The User
hereby irrevocably and unconditionally consents to submit
to the exclusive jurisdiction of the courts of the Province
of Ontario, Canada, for any litigation arising out of or relating
to use of or purchase made through the Sites, including the
Assessment Products, (and agrees not to commence any litigation
relating thereto except in such courts), waives any objection
to the laying of venue of any such litigation in the Ontario
Courts and agrees not to plead or claim in any Ontario Court
that such litigation brought therein has been brought in an
inconvenient forum.
Severability
The provisions of these Terms of Use are intended to be severable.
If for any reason any provision of these Terms of Use shall
be held invalid or unenforceable in whole or in part in any
jurisdiction, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions
hereof in any jurisdiction.
Acknowledgment
The terms set forth in the Terms of Use, including all documents
referenced herein, constitute the final, complete and exclusive
agreement between you and Upward Motion regarding your relationship
with Upward Motion and the use of the Sites and the Assessment
Products and may not be contradicted, explained or supplemented
by evidence of any prior agreement, any contemporaneous oral
agreement or any consistent additional terms. These Terms
of Use supersede any prior statements or representations.
Contact Information
All requests for further information should be directed to
info@upwardmotion.com.
|