Last Updated February 2021
IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.
We also reserve the right to terminate any user or account and/or to suspend access to the App at any time without notice to the user, if Proctor360 has reason to believe that the user has violated these Terms.
The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Utilization of the App requires compatible software, hardware, and an adequate internet access. Proctor360 is not responsible for equipment or network malfunctions, or service interruptions that affect a test taker’s session, as detailed further in these Terms.
1. Indemnity by You
You agree to defend, protect, indemnify and hold Proctor360, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
your use of the App or related services;
a breach of these Terms;
any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the App, and/or your making available thereof to other users of the App;
any activity related to your use of the App, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Reacclimate.
2. Prohibited Uses of the App
The App and services related to the App are intended for your own use. By using the App, you agree not to:
Reproduce, copy, modify in any material manner, or remove Proctor360’s proprietary marks, logos or notices;
Lease, resell or redistribute any of our services;
Use the App in connection with any commercial endeavors;
Provide access to or give the App or any part or portion of the App to a third party;
Reverse engineer the App;
Make the App available on any file-sharing platform;
Harm, as determined in our sole discretion, Proctor360, the App, other users or third parties or their use and/or experience with the App with, including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials expressly prohibited;
Use the App in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued for an excessive or unreasonable amount of times as determined by us;
Use the App in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the App, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses;
Use a buying agent or purchasing agent to make purchases on the App;
Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App and/or the content contained therein;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
Use any information obtained from the App in order to harass, abuse, or harm another person, or make any statement or take any action that is in violation of any user’s civil or other rights;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App;
Engage in any automated use of the App, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;
Attempt to impersonate another user or person or use the username of another user;
Sell or otherwise transfer your profile;
Use the App or any related services in a manner that violates any applicable law, regulation or this agreement;
Permit any third party to use the App in a manner that violates any applicable law, regulation or this agreement.
3. Proctor360 Customer Satisfaction Policy
Proctor360 strives towards customer satisfaction with the App and related services we provide. If you purchase any service through us and are not satisfied, please contact Proctor360’s Customer Service (see below for contact details) and we will work with you to rectify your experience with us.
4. Basic Terms
All users are responsible for their use of the App, whether test takers, test proctors or test organizations. Information collected during use of the App such as recorded video, recorded audio, images, text, displays, posts, and content submitted, may be shared with and viewed by the test organization. The App must at all times be used in compliance with the Terms, as well as with any applicable local, state, national, and international laws, rules and regulations. Users are prohibited from photographing, or recording, by video or sound, any part of the App for any purpose, unless granted written permission to do so by Proctor360, in our sole discretion.
Fee structures are issued to test organizations in service agreements which detail specific pricing and service options. Test organizations and/or test takers are responsible for all fees and costs associated with the use of the App. Re-adjusting of fees may occur from time to time without notice.
6. Identity Authentication
If using the App as a test taker or test proctor, you agree to provide only accurate information to authenticate identity.
7. Test Taker Computer and Proctoring
When test takers use the App, they are required to connect their computer via the internet in order to monitor the computer screen and environment. Test takers authorize Proctor360 to make the proctoring session available to the test organization.
If a test taker exhibits unacceptable behavior while being proctored, Proctor360 reserves the right to deny services and report the test taker’s actions to the test organization. By using the App, test takers understand and acknowledge that Proctor360 or its designee may immediately terminate the testing session if they experience or observe:
(a) Actions that would require termination based on any contractual agreements in place between the test organization and Proctor360; or
(b) Any conduct that is deemed vulgar, offensive, pornographic, obscene, abusive, criminal, or otherwise inappropriate in Proctor360’s or its designee’s sole discretion.
By using the App, the test taker grants the test proctor the right to disqualify the test taker from testing in the event that the test proctor detects suspicious actions being committed by the test taker during the proctoring session.
8. Accounts and Passwords
Test organizations: In order to use the App, you may be required to register with Proctor360 and to create an account or an account may be created for you. You will be given account information through the e-mail address provided.
Test takers: In order to use the App, you may be required to register with Proctor360 and to create an account or an account may be created for you. You will be given account information through the e-mail address provided. Test taker information may also be entered by the test organization and test invitations may be sent directly to the e-mail address provided.
All users are responsible for maintaining the confidentiality of their account credentials. If you have reason to believe your account is not secure, change the password through the provided options or contact Proctor360 via e-mail at email@example.com.
Test organizations: Test organizations are solely responsible for Content that is originated and transmitted from the test organization side, including through such services as live proctoring and communications with test takers. Proctor360 is in no way responsible for such Content. Test organizations represent and warrant that they have all rights, power, and necessary authority to submit Content.
Test takers: Test takers are solely responsible for Content that is originated and transmitted from the test taker side. Proctor360 is in no way responsible for such Content. Test takers understand and acknowledge that all Content submitted, transmitted, displayed, and distributed through the App may be delivered to the test organization for review, and that under certain circumstances, such content may lead to disqualification of the test and/or disciplinary consequences for test takers, for which Proctor360 shall have no liability or responsibility.. Test takers represent and warrant that they have all rights, power, and necessary authority to submit Content.
10. Proctor360 Intellectual Property
The App includes various intellectual property that is exclusively owned by Proctor360 and its licensors, including but not limited to text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, code, content layout, coordination, hardware, and arrangement of our services. All intellectual property rights in the App are protected by applicable United States and international copyright, trademark and other intellectual property laws and treaties. By using the App, users acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App (“Submissions”) that users send to Proctor360 are voluntary and non-confidential, and users agree that Proctor360 is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without attribution or compensation paid to users.
Neither the App nor any portion thereof may be modified, copied, reproduced, downloaded, posted, transmitted, transferred, sold, or distributed in any form except as described in these Terms. Users agree to comply with all United States and international copyright, trademark and other intellectual property laws and treaties in the use of the App to prevent any unauthorized reproduction or distribution of Proctor360’s intellectual property.
Users are granted a limited, non-exclusive, non-transferable and revocable license to electronically access and use the App only in the manner described in these Terms. Proctor360 does not sell to users, and users do not have the right to sublicense, any Proctor360 intellectual property, unless specified in writing from Proctor360. Users agree and acknowledge that Proctor360 has the right to change the content or technical specifications of any aspect of the App, in its sole discretion. Proctor360 may revoke or terminate this license at any time, without notice or liability. We will not be responsible if, for any reason, all or any part of the App becomes unavailable.
No other right, title, or interest in or to the App is transferred to users, and Proctor360 reserves all rights not expressly granted herein. Any use of the App not expressly permitted by these Terms is a breach of the Terms and may violate copyright, trademark, and other laws. If a user prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the App in a manner that breaches these Terms, the user’s right to use the Services will cease immediately and they may be subject to additional penalties at law or equity.
11. External Links
The App may contain links to third-party websites or resources outside of Proctor360’s control. By using the App, you acknowledge and agree that Proctor360 is not responsible or liable for: the availability or accuracy of such websites or resources, the content, products, or services on or available from such websites or resources. The inclusion of links to such websites or resources does not imply Proctor360’s endorsement of such websites or resources or the content, products, or services available on or through them. By using the App, users acknowledge that they are solely responsible for and assume all risk arising from the use of any third-party websites or resources.
Users may provide a link to Proctor360 to others, provided users do so in a way that is fair and legal and does not damage or harm Proctor360’s reputation, make any material misrepresentations or false claims, or act in a manner that is defamatory, discriminatory, obscene, or otherwise objectionable in our sole discretion, further provided that users must not establish any link in such a way as to suggest any form of association, approval, or endorsement on our part.
Users must not establish a link to Proctor360 from any website that is not owned by the user, cause the App or any portions of it to be displayed, or appear to be displayed, by any other site, for example, framing, deep linking, or in-line thinking, on any other site, or otherwise take any action with respect to the App that is inconsistent with any other provision of this Agreement.
Users agree to cooperate with Proctor360 and immediately cease any linking when directed to do so by Proctor360. We reserve the right to withdraw linking permission without notice.
Information provided by users when downloading, registering, accessing, or using the App in any capacity is represented and warranted as being true and not misleading.
Users’ access to and use of the App is at your own risk. Proctor360 makes no warranties, express or implied, regarding errors or omissions and assumes no liability for loss or damage resulting from the use of or inability to use the App. Users understand and agree that the App is provided to you on an AS IS, WITH ALL FAULTS, and AS AVAILABLE basis. Neither Proctor360 nor its vendors, affiliates, or any person associated with Proctor360 makes any warranty or representation with respect to the completeness, accuracy, availability, timeliness, security, or reliability of the App or any Content therein. Proctor360 does not represent or warrant that the App will be accurate, reliable, error-free, uninterrupted, free of transmission errors, that defects will be corrected, that the App is free of viruses or other harmful components, or that the App will otherwise meet users’ needs or expectations.
When using our App, any information that you submit will be transmitted via the internet and such transmission is beyond our control. Proctor360 does not assume any responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the App. Proctor360 does not assume any liability for loss or damage to users’ computer systems, devices, or networks as a result of users’ use of the App. Proctor360 will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, devices, or data due to users’ use of the App
No advice or information, whether oral or written, obtained from Proctor360 or through the App, will create any warranty that has not been expressly and explicitly made herein.
YOUR SOLE REMEDY AGAINST PROCTOR360 FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.
Without limiting the foregoing, PROCTOR360 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Proctor360 will not be liable for any delay or failure in performance of the App.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the App, for any cause of action
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROCTOR360 OR ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES, BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, LOSS OF USE, LOSS OF TIME, SHUTDOWN OR SLOWDOWN COSTS, INCONVENIENCE, LOSS OF BUSINESS OPPORTUNITIES, EMOTIONAL HARM, DAMAGE TO GOODWILL OR REPUTATION, OR OTHER ECONOMIC LOSS.
In no event shall Proctor360 nor its officers, directors, stockholders, employees, agents, contractors, partners, and affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) users’ access to or use of or inability to access or use the App; (ii) any content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of users’ transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to users located in these jurisdictions.
15. Controlling Law; Waiver; Severability; Full Agreement
These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions.
Proctor360’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Proctor360 and its users regarding our App and supersede and replace any prior agreements or understandings between us regarding the App, whether verbal or written.
16. International Use
The App and related services are created, operated, and controlled by Proctor360 from the United States. Proctor360 makes no claims that the App is appropriate for use outside of the United States. You may not use the App or any component of the services in violation of United States or foreign export laws and regulations. Access to the App may not be legal in certain countries outside the United States. If you use the App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction where you are located
Proctor360 reserves the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the App.
If you have any questions about these Terms, please contact us via e-mail at firstname.lastname@example.org.