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Introduction
Welcome to GreenTomato Software LLC´s Pre-hire Testing
Application ("TopGun"). TopGun is an online testing application service
to identify the best qualified programmers. We
provide this service to you subject to the following Terms of Use
(TOU).
By accessing and using our service, you are agreeing to your
acceptance, without limitation or qualification, these TOU. If you do
not agree with these TOU, you may not access or use TopGun.
The TopGun Service
TopGun (the "Service") is an online testing application service
available to users and Subcribers through paid subscription.
We may offer other features in the future, or change or eliminate
current features at any time. All of the features of the Service are
subject to these TOU.
Use of Account
To use the Service, you need to have access to a web-browser and
the Internet. As the users/candidates, you will also need an Account-ID,
Test-ID and a valid email account. The Subscribers provide the
Account-ID and Test-ID.
Copyright
You acknowledge that the Service, any underlying technology used in
connection with the Service, and all software, material, information,
communications, text, graphics, links, electronic art, animations,
audio, video, photos, and other data (collectively, the "Content")
available within the Service are provided by TopGun or third-party
providers and are protected by copyright. You may not store any
significant portion of any Content owned by, or licensed to TopGun in
any form, whether archival files, computer-readable files, or any other
medium.
Conduct
You may only access the Service for lawful purposes. You are solely
responsible for the knowledge of and adherence to any and all laws,
rules, and regulations pertaining to your use of the Service. You agree
that you will not:
1. use the Service to commit a criminal offense or to encourage conduct
that would constitute a criminal offense or give rise to a civil
liability, or otherwise violate any local, state, Federal, or
international law or regulation, including, but not limited to, export
control laws and regulations;
2. upload, post, e-mail, or otherwise transmit any unlawful,
threatening, libelous, harassing, defamatory, vulgar, obscene,
pornographic, profane, or otherwise objectionable content;
3. disrupt the normal flow of communication or otherwise act in a
manner that negatively affects other users' ability to engage in
real-time exchanges; or
4. interfere with or disrupt the service or servers or networks
connected to the services, or disobey any requirements, procedures,
policies, or regulations of networks connected to the Service.
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Warranty Limitations
TOPGUN IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED
WITHIN TOPGUN AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN TOPGUN FOR ANY PURPOSE OR AUDIENCE OR ABOUT
ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY,
QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS.
YOU AGREE THAT YOUR ACCESS TO TOPGUN AND YOUR USE OF THE SERVICES IS AT
YOUR OWN RISK. NEITHER TOPGUN, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY,
RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
TOPGUN AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND
NON-INFRINGEMENT. IN NO EVENT WILL TOPGUN OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN
IF TOPGUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT OF YOUR USE OF OR INABILITY TO ACCESS TOPGUN OR USE THE SERVICES,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS,
LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TOPGUN'S
RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES TOPGUN'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold TopGun, and its affiliates, officers,
agents, partners, and employees, harmless from any claim or demand,
including reasonable attorney's fees, made by any third party due to or
arising out of content you submit, post to, email, or otherwise
transmit through TopGun, your use of the Service, your connection to
the Service, or your breach of the TOU.
Trademarks
TopGuntm is a registered service mark of GreenTomato Software LLC. All
other trademarks, service marks, trade dress, and logos used in the
Service are the trademarks, service marks, trade dress, and logos of
their respective owners.
Local Laws
TopGun controls and operates the Service from its headquarters in the
United States and makes no representation that the Content is
appropriate or available for use in other locations. If you use the
Service from other locations, you are responsible for compliance with
applicable local laws, including, but not limited to, export and import
regulations of other countries. Unless otherwise explicitly stated, all
marketing or promotional materials found on the Service are solely
directed to individuals, companies, or other entities located in the
United States.
Modifications to the Service
TopGun reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service with or without
notice. You agree that TopGun will not be liable to you or to any third
party for any modification, suspension, or discontinuance of the
Service.
Termination
You may discontinue your participation in and access to the Service at
any time. The TOU will continue to apply to all past use of the Service
by you, even if you are no longer using them. You acknowledge and agree
that TopGun may terminate or block your use of all or part of the
Service, without prior notice for any reason, including, without
limitation, if TopGun believes you have engaged in conduct prohibited
by this TOU. You agree that upon termination or discontinuance for any
reason, we may delete all information related to you on the Service and
may bar your access to and use of the Service.
General
By accessing the Service, you agree to the above stated TOU. This
Agreement is entered into in the State of California and shall be
construed in accordance with the laws of California, exclusive of its
choice of law rules. Each party to this TOU submits to the exclusive
jurisdiction of the state and federal courts having jurisdiction in the
State of California, and waives any jurisdictional, venue, or
inconvenient forum objections to such courts. In any action to enforce
this TOU, the prevailing party will be entitled to costs and attorney
fees. In the event that any provisions of this TOU are held to be
unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that this TOU shall otherwise remain in
full force and effect. This TOU and any posted guidelines or rules
applicable to certain services within the Service constitutes the
entire understanding between the parties pertaining to the subject
matter hereof, and any prior written or oral agreements between the
parties are expressly canceled.
If you have any questions about this Agreement, you may contact:
GreenTomato Software LLC
1619 S. Main Street
Suite 103
Milpitas, California 95035.
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