Terms and Conditions of Use

 

Welcome to the Foster Assessment Center & Testing Service, Inc. (FACTS) website. The FACTS ("we" or "us") website is located at www.FosterAssessment.com (the "Site"). This document outlines the Terms and Conditions relating to your use of FosterAssessment.com and provides additional information about Foster Assessment Center & Testing Service, Inc. (FACTS). These Terms and Conditions are applicable to your use of this website regardless of how you accessed it. If you do not wish to be bound by these Terms and Conditions, please discontinue using and accessing this website (Site) immediately. By using our Site, the user or viewer of our Site ("you") are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS SITE.

 

Acceptance of Agreement

 

You need to agree to the terms and conditions set forth in this Terms of Use Agreement ("Agreement") with respect to our Site in order to use it. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

 

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

 

You may not use this site to engage in any illegal activity. You may not use this site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party's intellectual property or other proprietary rights. You agree that any information you provide through this site will be truthful and accurate. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.

 

Privacy Policy

 

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You may review this Privacy Policy. To see information about the Privacy Policy for Foster Assessment Center & Testing Service, Inc. please click here.

 

Confidentiality Issue

 

You may send us e-mail and referral forms, however you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages and forms which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

 

Please be advised that by using this website, including the act of submitting any forms provided by or to FosterAssessment.com, you agree to the Terms and Conditions of Use of this website. To this end, by using FosterAssessment.com, you acknowledge and agree that any and all information presented on this site, including information regarding our services, is not intended to be used as advice regarding the choice of services. You also acknowledge and agree that Foster Assessment Center & Testing Service, Inc. is not responsible for the content of external sites that are linked to or from any of its websites, including FosterAssessment.com.

 

Forms, Agreements and Documents

 

We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.

 

By sending sensitive or confidential information to us in forms which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet. If you submit any form from this website, you agree to be contacted by us regarding services. We are not responsible for the services you may ultimately select. Should any disputes arise relating to the services selected and/or your communications with us, your use of this website, including the submission of any form from this website, will serve as confirmation that you acknowledge and agree that Foster Assessment Center & Testing Service, Inc. and its websites, including FosterAssessment.com, are wholly unrelated to any third party vendors and, thereby, cannot be held accountable for any transactions and/or issues with the third party vendors giving rise to such disputes. To this end, you acknowledge and agree that Foster Assessment Center & Testing Service, Inc. and any of its websites, including FosterAssessment.com, are not liable for any errors and/or omissions that may be made when using materials and/or services from any third party vendor.

 

E-mail

 

Regarding E-mail to Foster Assessment Center & Testing Service, Inc. addresses: The Foster Assessment Center & Testing Service, Inc. e-mail system is a private e-mail system intended only for purposes authorized by Foster Assessment Center & Testing Service, Inc. You are not authorized to send unsolicited commercial e-mail messages to any e-mail addresses at @FosterAssessment.com. Foster Assessment Center & Testing Service, Inc. reserves the right to take actions as may be necessary to prevent misuse of its e-mail system by unauthorized parties.

 

Limited License; Permitted Uses

 

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printed or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

Restrictions and Prohibitions on Use

 

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") are subject to the following restrictions and prohibitions on use. You may not:

-     Use the Site for any fraudulent or unlawful purpose.

-     Interfere with or disrupt our operation of the Site.

-     Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.

-     Restrict or inhibit any other person from using or accessing this Site, including by means of hacking into, defacing, dismantling, or otherwise in any way

       inactivating any portion of the Site.

-     Interfere with or violate in any way any other Site visitor's or user's right to privacy or other rights, harvest or collect personally identifiable information

      about Site visitors or users, or about attorneys, other employees, or representatives identified on the Site, without their and Foster Assessment

      Center & Testing  Service, Inc.'s express consent.

-     Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or any Content and Materials contained within the Site by

      any method, including but not limited to using any network monitoring or discovery software to determine the Site architecture.

-     Frame or mirror all or any part of the Site without our prior express written authorization.

-     Copy, print (except for the express limited purpose permitted by the "Limited License; Permitted Uses" Section, above), republish, display, distribute,

      transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials

      retrieved from the Site

-     Use the Site or any materials obtained from the Site to develop, or use as a component of, any information, storage and retrieval system,

      database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any

      kind, including

      through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

-     Create compilations or derivative works of any Content and Materials from the Site.

-     Use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of

      us or any third parties.  Remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site.

-     Use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid

      or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions.

-     Use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations.

-     Export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of

      the United States.

 

Limitation of Liability

 

Foster Assessment Center & Testing Service, Inc. shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) unless resulting from the gross negligence or intentional actions of Foster Assessment Center & Testing Service, Inc., the unauthorized access to or alteration of your transmissions or data, even if Foster Assessment Center & Testing Service, Inc. has been advised of the possibility of such damages. Some states do not allow the exclusion of liability for certain damages, so the foregoing exclusions or limitations may not apply to you.

 

We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of an Affiliated Party.

 

THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

 

Disclaimer of Warranties

 

We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the site. The information, content and documents from or through the site are provided "as-is," "as available," with "all faults", and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and site may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever, except as provided in the "limitation of liability" section below. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This site and the information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic files (including forms or documents) are disclaimed.

 

Any information, services, materials, software or other items on this site are provided "as is" without any warranty of any kind, either expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Foster Assessment Center & Testing Service, Inc. does not warrant that this site will be uninterrupted or error free. Any risk arising out of use or performance of the information, services, materials, software or other items remains entirely with you. Your use of information on the site or materials linked to the site is entirely at your own risk.  You should not act or rely on any information on the site. The information contained herein is subject to change without notification.

 

Errors, Corrections and Changes

 

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The information on the Site, Contents and Materials, and Documents may not be complete or accurate. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.

 

Third Party Content

 

In certain instances, third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any third party content. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. You understand and acknowledge that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

 

Secured Areas/ Passwords

 

Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system.

 

If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas. If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. Foster Assessment Center & Testing Service, Inc. will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact Foster Assessment Center & Testing Service, Inc.

 

In accessing the Foster Assessment Center & Testing Service, Inc. site, you further agree that: - Foster Assessment Center & Testing Service, Inc. is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of Foster Assessment Center & Testing Service, Inc.

 

-You will keep your password confidential and you will notify Foster Assessment Center & Testing Service, Inc. immediately if you believe someone else has obtained your User ID and password or any unauthorized access to the online service site has occurred or may occur.

 

- Foster Assessment Center & Testing Service, Inc. may block access to the online service site without prior notice if we believe your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.

 

Intellectual Property Rights

 

Except where otherwise indicated, all materials contained in this website are the copyrighted property of Foster Assessment Center & Testing Service, Inc., its affiliated companies and/or third party licensors. Foster Assessment Center & Testing Service, Inc. may possess intellectual property rights in other logos, words, or phrases not listed here. Intellectual property rights of third parties may apply where noted. Except where otherwise indicated, all materials on this site including but not limited to graphics, text, software, audio, video, and files, are the property of Foster Assessment Center & Testing Service, Inc. and are protected by copyright and/or other intellectual property laws.

 

The Foster Assessment Center & Testing Service, Inc. logo (FACTS) is the principal service mark used by and for Foster Assessment Center & Testing Service, Inc. Nothing contained on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Web Site without the prior written permission of for Foster Assessment Center & Testing Service, Inc. Unauthorized use of any for Foster Assessment Center & Testing Service, Inc. trademarks, service marks or logos is strictly prohibited and may be a violation of federal and state trademark laws Foster Assessment Center & Testing Service, Inc. reserves all rights to its intellectual property. You may print out a single copy of pages on this site for your personal, non-commercial use provided that all copyright, trademark or other notices are retained. ALL OTHER USES ARE PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF: Foster Assessment Center & Testing Service, Inc. unless expressly permitted by Foster Assessment Center & Testing Service, Inc. you are not authorized to use any portion of this site or any other Foster Assessment Center & Testing Service, Inc. intellectual property on any other site, in the meta-tags of any other site or in any other materials. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any of this site's content or frame this site within any other site.

 

Links to/from other sites

 

For your convenience, Foster Assessment Center & Testing Service, Inc. may provide links to other internet sites that Foster Assessment Center & Testing Service, Inc. does not maintain. You should not interpret any link to/from other sites as indicating that Foster Assessment Center & Testing Service, Inc. sponsors or endorses the sites or their materials or that the sites are affiliated with Foster Assessment Center & Testing Service, Inc. in any manner. Foster Assessment Center & Testing Service, Inc. is not responsible for anything contained on such sites and makes no warranties or representations about the contents, products or services offered on such sites.

 

Copyright and Trademark

 

FACTS is a servicemark of the Foster Assessment Center & Testing Service, Inc. firm. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Section below, Permitted Uses, is strictly prohibited.

 

You do not acquire ownership rights to any form, article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

 

     a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

     b. A description of the copyrighted work that you claim has been infringed;

 

     c. A description of where the material that you claim is infringing is located on the Site;

 

     d. Your address, telephone number, and email address;

 

     e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

     f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at: ThousandOaks@FosterAssessment.com

 

Use of Information

 

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will become and forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

Indemnification

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARTNERS, ASSOCIATES, AGENTS, ATTORNEYS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, AND AFFILIATES (COLLECTIVELY AFFILIATED PARTIES) HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE RELATED TO YOUR VIOLATION OF THIS AGREEMENT OR USE OF THE SITE.

 

Legal Compliance

 

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein. These "Terms and Conditions" shall be governed by and interpreted according to the laws of the State of California without respect to any conflict of laws or provisions. If any portion of these "Terms and Conditions" is unlawful, void or unenforceable, it shall not affect the validity or enforceability of any other provision.

 

Jurisdiction

 

The Site is controlled and operated by Foster Assessment Center & Testing Service, Inc. from its office in Thousand Oaks, California, U.S.A., and is not intended to subject Foster Assessment Center & Testing Service, Inc. to the laws or jurisdiction of any state, country, or territory other than that of California and of the United States of America. Foster Assessment Center & Testing Service, Inc. does not represent or warrant that their Sites, the Content and Materials, or the Documents, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site, the Content and Materials, and/or the Documents do so on their own initiative and at their own risk, and are responsible for complying with laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Content and Materials and/or the Documents to (or to a national or resident of), or to use all or any part of the Materials from any country to which the United States has embargoed goods or any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

 

Governing Law and Forum

 

This Agreement is governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Miscellaneous

 

Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the "Disclaimer" and "Limitation of Liability" sections, above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. Our rights under this Agreement shall survive any termination of this Agreement.

 

Arbitration

 

Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles County, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys' fees.

 

Other agreements

 

These "Terms and Conditions" apply to your use of this site and do not change or alter any other contract or agreement between you and Foster Assessment Center & Testing Service, Inc.

 

Availability of Services

 

Foster Assessment Center & Testing Service, Inc. does business in certain states in the United States of America. Not all of the services described on this site are available in all states. You may not be eligible for all services and Foster Assessment Center & Testing Service, Inc. reserves the right to determine such eligibility as permitted by law. The information and descriptions contained in this site are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the services offered by Foster Assessment Center & Testing Service, Inc.

 

Changes to this document

 

Foster Assessment Center & Testing Service, Inc. reserves the right, at its sole discretion, to modify, add or remove any portion of these "Terms and Conditions" in whole or in part, at any time. Changes will be effective when they are posted. Your continued usage of the site after any changes are posted will be considered acceptance of those changes. Foster Assessment Center & Testing Service, Inc. may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site, at any time. Forms may be changed at our discretion, and you are obligated to use the latest version of any form posted on our website, including any indicated new content, in lieu of older previously posted forms. Foster Assessment Center & Testing Service, Inc. may also impose limits on certain features and services or restrict your access to all or part of the site without notice or liability.

 

Foster Assessment Center & Testing Service, Inc. Affiliations

 

Foster Assessment Center & Testing Service, Inc. (FACTS) is certified by the Commission on the Accreditation of Rehabilitation Facilities, (CARF). Select staff personnel are upstanding members of a number of highly respected organizations, including but not limited to:

 

American Board of Vocational Experts (ABVE)

 

American Rehabilitation Economics Association (AREA)

 

International Association of Rehabilitation Professionals (IARP)

 

Professional Vocational Evaluators (PVE)

 

Veterans Transition Services (VTS)

 

Vocational Evaluation and Work Adjustment Association (VEWAA)

 

Vocational Evaluation and Career Assessment Professionals (VECAP)

 


 

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