ONLINE TEST TERMS OF USE ("Terms of Use")

1.

DEFINITIONS

1.1

Spot-Your-Potential Screening and Profiling Online Test (referred to as the "Online Test") is owned and operated by Lucid Research Limited (Registered Number 3137433) whose registered office address is at 3 Spencer Street, Beverley, East Yorkshire, HU17 9EG, United Kingdom.

1.2

The terms "Lucid Research", "we", "us" and "our" when used in these Terms of Use means Lucid Research Limited which includes Lucid Research's parent, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Lucid Research.

1.3

The terms "you" and "your" when used in these Terms of Use means any user of this website.

   

2.

AGREEMENT

2.1

Access to and use of this Online Test is subject to all applicable laws and regulations and to these Terms of Use.

2.2

By accessing this Online Test, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this Online Test.

2.3

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the Online Test to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Online Test. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

2.4

ACCESS TO THIS ONLINE TEST (OR PORTIONS THEREOF) AND THE USE OF INFORMATION PROVIDED THROUGH THIS ONLINE TEST (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

   

3.

YOUR STATUS

3.1

This Online Test is not intended for use by children or minors. By accessing this Online Test you warrant that you are at least 18 years old or have obtained the consent of a parent or guardian who is over 18 years of age.

   

4.

OWNERSHIP

4.1

Unless otherwise indicated, this Online Test and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Online Test are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Lucid Research or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.

4.2

You do not acquire ownership rights to any material within this Online Test. Except as otherwise provided herein, none of the elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

4.3

Permission is hereby granted to the extent necessary to lawfully access and use this Online Test to display, download, archive and print in hard copy, portions of this Online Test on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

   

5.

LICENCE

5.1

By accessing the Online Test you are deemed to agree to the following terms:

5.2

Provided that you have paid the applicable fee we hereby grant you a non-exclusive, revocable, royalty-free, non-transferable conditional licence to access the Online Test on a single computer for personal use only, subject to the conditions and restrictions set out herein.

5.3

You agree not to do any of the following in connection with the Online Test (or any part thereof) that you access:

 

 

5.3.1

Use, display or otherwise exploit the Online Test (or any part thereof) for any commercial purpose or in connection with any money making scheme;

5.3.2

copy, sell, lease, sub-licence, reproduce, publish, distribute or redistribute, in any manner whatsoever, the Online Test (or any part thereof);

5.3.3

decompile, disassemble, un-bundle, decipher, decrypt or otherwise attempt to copy, modify, alter, adapt or deface the Online Test (or any part thereof) nor merge or combine the Online Test with another online test or with anything else;

5.3.4

otherwise use or exploit the Online Test (or any part thereof) in any manner which is inconsistent with these Terms of Use.

5.4

This licence is personal to you and you may not assign, transfer, sub-contract or otherwise part with this licence or any right or obligations under it without our prior written consent.

5.5

All rights not expressly granted by this licence are specifically reserved.

   

6.

TRADEMARKS

6.1

The Lucid® logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Online Test, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Lucid Research (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Online Test are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

   

7.

DATA PROTECTION CONSENT

7.1

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy (CLICK HERE TO ACCESS OUR PRIVACY POLICY. All personal data provided to us as a result of your use of this Online Test will be handled in accordance with our Privacy Policy.

   

8.

NO WARRANTIES

8.1

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS ONLINE TEST OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS AND ON AN 'AS AVAILABLE' BASIS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS ONLINE TEST. WE DO NOT WARRANT THAT THIS ONLINE TEST, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS ONLINE TEST IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

8.2

The information and all other materials on this Online Test are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Online Test. We accept no responsibility or liability whatsoever and howsoever arising in connection with the information and all other materials on this Online Test.

8.3

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

   

9.

EXCLUSION OF LIABILITY

9.1

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS ONLINE TEST. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

9.2

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

   

10.

YOUR OBLIGATIONS

10.1

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Online Test.

10.2

In consideration of your use of the Online Test, you agree to pay the applicable fee.

10.3

You agree to use the Online Test in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Online Test any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

10.4

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Online Test.

   

11.

MODIFICATION AND DISCONTINUATION

11.1

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Online Test (or any portion thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Online Test.

   

12.

ENTIRE UNDERSTANDING, SEVERANCE AND WAIVER

12.1

These Terms of Use (together with our Privacy Policy contain the entire understanding between you and us with respect to use of this Online Test and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these Terms of Use for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

   

13.

FORCE MAJEURE

13.1

We shall not have any liability to you or be deemed to be in breach of these Terms of Use from any circumstances which are bevyond our reasonable control.

   

14.

LAW & JURISDICTION

14.1

These Terms of Use are made under English law and this Online Test is operated from England. Access to, or use of, this Online Test may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Online Test.

14.2

You agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Online Test, and that the laws of England and Wales shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Object reference not set to an instance of an object.