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IMPORTANT: BY CHECKING ON THE "I Accept" BOX BELOW AND/OR ACCESSING ANY PART OF THE FITABILITY SYSTEM, LLC, ONLINE INTERVIEW AND ASSESSMENT SERVICES (THE "SERVICES") YOU ARE REPRESENTING THAT (A) IF YOU ARE AN INDIVIDUAL, YOU ARE EITHER OVER THE AGE OF 18 OR HAVE OBTAINED YOUR PARENTS' CONSENT TO REGISTER FOR THE SERVICE, OR (B) IF YOU ARE THE REPRESENTATIVE OF A COMPANY, YOU HAVE THE REQUISITE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY, AND NO OTHER CONSENT, APPROVAL, OR AUTHORITY IS NECESSARY OR REQUIRED TO BIND THE COMPANY TO ALL OF THE TERMS AND CONDITIONS HEREOF. YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION SERVICE AGREEMENT (THE "SERVICE AGREEMENT" OR "THIS AGREEMENT"), AND CONSENT, EITHER ON YOUR OWN BEHALF OR ON BEHALF OF THE COMPANY THAT YOU REPRESENT, TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, DO NOT CHECK THE "I Accept" BOX; THE REGISTRATION PROCESS WILL NOT CONTINUE AND YOU, OR IF APPLICABLE, YOU AND YOUR COMPANY, WILL STOP ALL USE OF THE SERVICE AND WILL HAVE NO AUTHORITY TO USE THE SERVICE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, ALL USES OF THE TERM "YOU" IN THIS AGREEMENT SHALL REFER TO THE COMPANY YOU REPRESENT, AND ANY AND ALL PERSONS ACCESSING THE SERVICE BY MEANS OF AN ACCOUNT ESTABLISHED BY THE COMPANY YOU REPRESENT, AS APPLICABLE, UNLESS OTHERWISE INDICATED. IF YOU ARE DEEMED TO HAVE ORDERED THE SERVICE, THE ACCEPTANCE OF FITABILIY SYSTEMS, LLC, ("FITABILITY") IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY FITABILITY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

TERMS AND CONDITIONS

1. 	The Service

The Service consists of a personality assessment, browser interface, data encryption, data transmission, data access (as available) and, if applicable, synchronization software and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service. Fitability is not responsible for the operation of such services or connections.   Fitability makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. Fitability reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.

2. 	Use of Proprietary Software

If you have entered into this Agreement in your capacity as an individual, Fitability grants to you, subject to the terms and conditions of this Service Agreement, an individual, personal, non-sublicensable, non-exclusive and non-transferable license to use Fitability's proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and solely in conjunction with this Service Agreement. If you have entered into this Agreement in your capacity as an authorized representative of a company ("Company"), Fitability grants such license to each person accessing the Service by means of a valid account established for the Company by you in your representative capacity.

Neither you (if you are entering into this Agreement in your individual capacity), nor the Company, nor any person accessing the Services by means of the Company's account, will, directly or indirectly, reverse engineer, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or rent, lease, distribute, sell, sublicense, resell, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Fitability retains exclusive ownership throughout the world of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate, and you, and any user accessing the Services by means of the Company's account, as applicable, will cease to use or have access to the software. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND SUBJECT TO THE WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.

3.	Restrictions and Usage Policies

You agree the Fitability Services are not intended to be used as the sole or principal cause for not hiring, transferring or promoting a candidate for hire, transfer or promotion since the Fitability Services are intended to compliment sound hiring and management practices.

If the Fitability Services are used in your hiring process or recruiting practice, you agree to keep all candidate information confidential and only make candidate information stored on Fitability’s website available to those who are directly involved in the hiring and recruiting process.

It is Fitability's policy to respect the privacy of its customers. Please see Fitability’s privacy policy contained at http://www.fitability.com/about/privacy.asp.

Fitability reserves the right to contact users of the Service via e-mail or other means to inform them of their account status or changes or alterations to the service, or to inform them about additional offerings of services being provided or contemplated. Users may at any time request that they not receive informational e-mail messages not related to their account activity or current use of the service by sending their name and address to customercare08@fitability.com.

4. 	Support

Software related training/consulting services requested by User will be provided on an as-available basis at the then current rates for such services charged by Fitability, plus travel and per diem expenses, upon receipt of purchase order.  Under no circumstances will Fitability have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or other support, including, without limitation, phone support unless specifically contracted for.

5. 	Provision of Contact and Billing Information and Payment of Fees

You agree to provide Fitability with truthful, accurate, and complete contact information, including your legal name, company name, street address, e-mail address, and telephone number, and to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Fitability reserves the right to terminate your access to the Service.

If the terms of your Fitability Online account require you to pay for the Service, you agree to provide Fitability with accurate billing information, and you agree to pay Fitability, by authorized credit card, the then applicable fees (the "Fees"). Applicable Fees for the use of the basic Service and Fees applicable to additional services are available at www.fitabiltiy.com.  Fitability reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by e-mail). The Daily Usage Fees will be charged at the end of each business day.  The Monthly Subscription Fees (if chosen) will automatically be charged monthly in advance on the 25th day of each month occurring during your subscription. Payment by fraudulent means will result in immediate and permanent termination of your account, and possible criminal penalties.

Your Fitability account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The additional services may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. Fitability may impose a charge to restore archived data from delinquent accounts.

If you believe Fitability has billed you incorrectly, you must contact Fitability no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Fitability's Customer Support department.

Fitability may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Fitability thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.

6. 	Passwords and Security

You will choose or be given a password to use in connection with the Services. You are entirely responsible for maintaining the confidentiality and security of your password and account (including, if applicable, the passwords and accounts of each user accessing the Services by means of an account established by you). Furthermore, you are entirely responsible for any and all activities that occur under your account (including, if applicable, the accounts of each user accessing the Services by means of an account established by you), and you shall ensure that you exit from your account at the end of each session. You shall notify Fitability immediately of any unauthorized use of your account (including, if applicable, the passwords and accounts of each user accessing the Services by means of an account established by you) or any other breach of security. Fitability cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

7. 	Termination

This Service Agreement is a monthly agreement, automatically renewable unless either party requests change or termination. Either party may terminate this Service Agreement by notifying the other party 30 days in advance of the termination date. Fitability may also terminate this Service Agreement or discontinue the Service immediately, without prior notice or liability for any or no reason. If you have purchased the Services, you will pay in full for the Service up to and including the last day on which the Service is provided.

To cancel the Services, you must contact Fitability via e-mail, fax, postal mail or phone. Fitability will remove the content of an account shortly after cancellation. Fitability may, but is not obligated to, delete archived data, but will not do so until 30 days after the termination of this Agreement.

Upon expiration or termination, you will immediately cease all use of the software and any documentation. Except for the License granted in Section 2 and except as otherwise expressly provided herein, all sections of this Service Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated. Notwithstanding the foregoing, if you are dissatisfied with the Service, the materials available on or through the Service, or with any of Fitability's terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

8. 	Warranty and Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND FITABILITY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, FITABILITY'S LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE. FITABILITY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

9. 	Limitation of Liability

FITABILITY'S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO FITABILITY FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. FITABILITY AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF FITABILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. 	U.S. Government Matters

You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation licensed in this Service Agreement are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.

11. 	Third Party Linking

Fitability may, at its election, provide links from the Services to other World Wide Web sites or resources. Because Fitability has no control over such sites and resources, you acknowledge and agree that Fitability is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fitability shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. 	Miscellaneous

This Agreement is between Fitability and you, and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by you). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferable or sublicensable by you except with Fitability's prior written consent. THIS SERVICE AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO THE CHOICE OF LAW OR CONFLICT OF LAWS PROVISIONS THEREOF. YOU AND FITABILITY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN THE COUNTY OF FULTON IN THE STATE OF GEORGIA. You and Fitability agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind Fitability in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Fitability's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by an authorized representative of Fitability in writing. It is the express will of the parties that this agreement and all related documents have been drawn up in English.

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