By accessing any areas of www.alignmark.com or www.realestatesimulator.com(the Sites), including
the online assessment products Real Estate Simulator™ and Business
Sales Simulator™ (the “Assessment Products”), users
("Users") agree to be legally bound and to abide by the terms
set forth below. Both www.alignmark.com and www.e-assessments.com are
owned and operated by AlignMark Inc. (“AlignMark”).
AlignMark 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 AlignMark. The User may print, in hard copy, portions of the Sites only if the User is a prospective purchaser and is evaluating AlignMark’s products and services for the purpose of placing an order with AlignMark. 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 AlignMark is strictly prohibited.
This limited license terminates automatically if you breach any of the terms herein. In addition, AlignMark 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 AlignMark 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.
Users acknowledge that the Sites and the Assessment Products are the property of AlignMark and that AlignMark 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. AlignMark 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 AlignMark.
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.
The Assessment Products and any Content on the Sites, or any website owned, operated, or controlled by AlignMark are all trademarks and the property of AlignMark and shall not be copied, reproduced, republished, posted, transmitted or distributed in any way without a written permission from AlignMark. 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 AlignMark on an "As Is" and "As Available" basis. AlignMark 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, AlignMark 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. AlignMark 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 AlignMark 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 AlignMark, 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 AlignMark 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 AlignMark’s records, programs, or services. In any event, AlignMark'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 AlignMark 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 AlignMark 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.
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). AlignMark 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
AlignMark 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. AlignMark is providing these links to Users only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by AlignMark of the site or any software or information contained therein. When leaving the Site, Users should be aware that AlignMark'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.
Access to Password-Protected or Secure Areas
AlignMark 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
AlignMark 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 AlignMark, 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 AlignMark.
All requests for further information should be directed to firstname.lastname@example.org.