AlignMark Inc.


By accessing any areas of or 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 and are owned and operated by AlignMark Inc. (“AlignMark”).


Limited License

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.

Proprietary Rights

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.

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). 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.

Privacy Policy

In accordance with the terms of AlignMark’s Privacy Policy, AlignMark respects the privacy of its Users.

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.

Applicable Law

The Sites are created and controlled by AlignMark 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. AlignMark 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.


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.


The terms set forth in the Terms of Use, including all documents referenced herein, constitute the final, complete and exclusive agreement between you and AlignMark regarding your relationship with AlignMark 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

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