Terms of Service

ProctorU, Inc.

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ProctorU services, ProctorU’s websites, and the services ProctorU provides to you but are licensed from third parties (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services while taking examinations and tests (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services and for any consequences thereof. The Content you submit, post, or display will be able to be shared with and viewed by your college, university, instructor, school or organization.

You may use the Services only if you or your college, university, school or organization can form a binding contract with ProctorU and you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that ProctorU provides are always evolving and the form and nature of these Services may change from time to time without prior notice to you. In addition, ProctorU may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Photography, filming, video recording or sound recording of any part of ProctorU's service for commercial, private or public performance purposes is prohibited unless written permission from ProctorU is obtained in advance.

Privacy

Any content that you provide during your interaction with ProctorU is subject to our Privacy Policy, which governs our collection of your information and content and the forwarding of such to your college, university, instructor, school or organization. You understand that through your use of the Services you consent to the collection and forwarding (as set forth in the Privacy Policy) of this information, including the transfer of this information to your college, university, instructor, school or organization. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.

You also agree to authenticate your identity if requested by ProctorU using the then-current methodology employed by ProctorU . Information obtained during the identity authentication process will be retained by ProctorU or by ProctorU’s licensor and may be shared with your college, university, school, instructor or organization.

You agree to allow ProctorU to monitor you by webcam, such monitoring to be conducted by a live person (a proctor) in real time. You agree to scan your premises using your webcam when requested by the proctor. ProctorU may record or tape this interaction.

You understand that ProctorU will remotely connect to your computer in order to monitor your computer screen and, if required, to assist you with technical issues that may occur during a proctored test or examination.

You acknowledge that our proctors will, in addition to viewing you and your surroundings via webcam, be listening to you, monitoring your computer screen, and that you agree to maintain audio contact during the proctoring session. Further, ProctorU may tape or record your entire session and you acknowledge that ProctorU is not responsible for anything that appears on your webcam or desktop.

You agree that, should anything appear on your desktop screen, or be viewed via your webcam that is deemed pornographic or sexually explicit by your proctor, your session may be terminated immediately by the proctor and the cause of any such session termination reported to your college, university, school, instructor or organization. You further agree that a session may be terminated by the proctor if, in the proctor’s sole discretion, your use inappropriate language during the session.

You agree to allow ProctorU to take a photo of you to keep on file at ProctorU.

You grant the proctor the right to use whatever method ProctorU makes available to recommend that your examination or test be disqualified should the proctor detect questionable action during the examination or test.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. ProctorU cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services

All Content, however transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control all Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Your Rights

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, transmit, display and distribute such Content to your college, university, instructor, school or organization.

This license is you authorizing us to make your examination or test available to your college, university, instructor, school or organization.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the disqualification of your Content by your college, university, instructor, school or organization. ProctorU will not be responsible or liable for any use of your Content by your college, university, instructor, school or organization in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

ProctorU gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by ProctorU as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ProctorU, in the manner permitted by these Terms.

ProctorU Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of ProctorU and its licensors. The Services are or will be protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the ProctorU name or any of the ProctorU trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ProctorU, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ProctorU, its users, customers, and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, ProctorU’s computer systems, or the technical delivery systems of ProctorU’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ProctorU (and only pursuant to those terms and conditions); (iv) in any way use the Services to send altered, deceptive or false information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

ProctorU respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, PROCTORU AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. ProctorU will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that ProctorU has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ProctorU or through the Services, will create any warranty not expressly made herein.

ProctorU is committed to treating all test takers with integrity and at a high level of service. However, if a test taker exhibits unacceptable behavior, ProctorU reserves the right to deny service and report that test-takers actions back to the test delivery partner.

To assure that the denial of service decision is fair, ProctorU utilizes an escalation process. When a test-taker is engaged with ProctorU personnel online (via chat or video conference) or on the phone and exhibits behavior that is unacceptable, the ProctorU personnel will "escalate" the interaction to their manager. The manager will quickly assess the situation and will take action to end the interaction and issue a temporary denial of service. An immediate incident report will be filed with the President of ProctorU and the test delivery partner. A decision on the denial of service will be made after consultation with the test partner and ProctorU.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ProctorU of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROCTORU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PROCTORU HAS 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.

Exclusions

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 you.

Waiver and Severability

The failure of ProctorU to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Alabama without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Jefferson County, Alabama, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Alabama (excluding choice of law).

Entire Agreement

These Terms are the entire and exclusive agreement between ProctorU and you regarding the Services, and these Terms supersede and replace any prior agreements between ProctorU and you regarding the Services.

We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Our privacy policy can be viewed at http://www.proctoru.com/privacy

These Services are operated and provided by

ProctorU Inc.,
3083 Independence Drive, Suite A
Livermore, California 94551

Effective: November 2, 2009

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Phone

855-772-8678

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SFO Metro Center

3083 Independence Drive

Suite A

Livermore CA 94551

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Gilbert AZ 85297

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