Terms of Use



These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the web site located at
www.verisbenchmarks.com (the “Veris Benchmarks Site”), which is owned and operated by Veris Benchmarks, LLC, a Florida limited liability company (“Veris Benchmarks”), and constitute a binding agreement between you and Veris Benchmarks.

Veris Benchmarks may modify this Agreement from time to time by posting the revised Terms of Use on the Veris Benchmarks Site and notifying you that changes have been made, and your continued use of Veris Benchmarks Site (including by browsing the site or registering for and/or using the Services, as described below) will constitute your acceptance of those changes.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR ANY REVISED TERMS OF USE, YOUR ARE NOT AUTHORIZED TO ACCESS THIS VERIS PRIME AND/OR PROFESSIONAL ASSESSMENT AND SHOULD LEAVE THE VERIS BENCHMARKS SITE IMMEDIATELY.  

Eligibility

 

You must be at least 18 years old to use the Veris Benchmarks Site and the Services (defined below).  By using the Veris Benchmarks Site and the Services, you are representing to Veris Benchmarks that you meet this criteria.  IF YOU DO NOT MEET THIS CRITERIA YOU ARE NOT AUTHORIZED TO ACCESS THE VERIS BENCHMARKS SITE AND SHOULD LEAVE IMMEDIATELY


The Services


The “Services” are:  (1) the “Veris Prime” assessment in which you answer a questionnaire; (2) the “Veris Professional” assessment in which respondents being considered for employment or employment-related decisions answer a questionnaire at your behest as the potential employer; (3) a “Veris Prime Report” generated from the results of the Veris Prime assessment questionnaire; and (4) a “Veris Professional Report,” generated from the results of the Veris Professional assessment questionnaire. 

You are authorized to access and use Veris Prime and Veris Professional solely for your own non-commercial, internal or personal use, and specifically or for the purpose of evaluating  employment candidates to assist you in making personnel decisions such as hiring, assigning to positions, and training.  In addition:



By using the Veris Prime, Veris Professional, Veris Prime Report, and Veris Professional Report, you understand and agree that:

  • The Veris Professional Report and the Veris Prime Report are objective measurements and good predictors of future job behavior, but do not predict with 100% accuracy.  Therefore, when hiring, it is prudent to use the Veris Professional Report along with other available applicant information.
  • The information provided in the Veris Professional Report is based solely on data developed by Veris Benchmarks, should be interpreted in light of other information available about the applicant, and should never be used as the sole basis for making a hiring, assigning, or training decision. 
  • The Services are for pre-employment purposes only, and are expressly not to be used for current employees. 
  • The Veris Professional Report is generated from the results of the questionnaire answered by the respondent(s) and substantially reflects the answers made by them. Due consideration must given to the subjective nature of questionnaire-based ratings in the interpretation of this data.
  • The margin of error of the Veris Trust Index score provided within the Veris Prime Report or Veris Professional Report is about four percentage points.  All being equal, respondents who score within four points of one another would exhibit similar job behaviors.



Third Party Content

Certain content made available on the Veris Benchmarks Site may be created by parties other than Veris Benchmarks.  Any opinions, advice, statements, offers, endorsements or other information made or contained in such third party material are those of their authors and not of Veris Benchmarks, unless expressly endorsed or approved by Veris Benchmarks.  Veris Benchmarks does not guarantee the accuracy, completeness or usefulness of such third party content.

Links

The Veris Benchmarks Site may provide links to web sites not operated by Veris Benchmarks for your convenience.  These links may be removed from the Veris Benchmarks Site at any time.  Veris Benchmarks does not investigate or endorse the quality, accuracy or completeness of any content on third party web sites, nor does it evaluate whether those web sites contain malicious code or may otherwise harm your computer or data. You acknowledge and agree that Veris Benchmarks is not responsible or liable for any content, advertising, products or other materials on or available from third party web sites or your reliance on any of the same, or for any malicious code or other harmful material contained on such sites.

Use

The Veris Benchmarks Site and the Services are intended to be used only for personnel decisions, such as for hiring, assigning to positions, or training.  The application of the Services is limited to Veris Benchmarks employees, agents, and authorized clients.  Any other uses of the Veris Benchmarks Site or the Service without Veris Benchmarks’ prior written consent are expressly prohibited and may result in the termination of the Services without notice.

By accessing the VERIS BENCHMARKS Site, you agree that you will not use any automated system (such as “robots” and “spiders”) to access, obtain or copy materials from the site.

Intellectual Property

Veris Benchmarks, Veris Prime, Veris Professional, Veris Trust Index and combinations of the foregoing are trademarks of Veris Benchmarks.  All other trademarks, service marks, trade names, logos, icons and domain names contained on the Veris Benchmarks Site (collectively, the “Marks”), registered or not, are the property of Veris Benchmarks or of third parties, which may be indicated.  You acknowledge and will not challenge anywhere in the world the ownership of all right, title and interest in and to such Marks by Veris Benchmarks or the indicated third parties, and agree not to make any unauthorized use of the Marks or take any action in connection with your use of the Veris Benchmarks Site that infringes or otherwise threatens the value of the Marks.

 

The Veris Benchmarks Site and the Services, including the Veris Benchmarks Site functionality, the software used in connection with same, and any graphics, text, images, videos and/or sound recordings, trade dress and other Veris Benchmarks Site content, (the “Material”) are proprietary to Veris Benchmarks or are used with the consent of the owner, which retain all copyright, trademark and other proprietary rights in and to the Material.  No right, title or interest in the Material is granted to you in these Terms of Use. You acknowledge and will not challenge anywhere in the world the ownership of all right, title and interest in and to the Material by Veris Benchmarks or other owner, and agree not to make any unauthorized use of the Material or take any action in connection with your use of the Veris Benchmarks Site that infringes or otherwise threatens the value of the Material.

You may copy or print only the Veris Prime Report and the Veris Professional Report solely for your noncommercial, personal or internal use.  You must retain any and all trademark, copyright and other proprietary notices and legends on such Material.  You may not copy, transmit, distribute, modify, publicly perform, reuse, sell, or display any of the Material on the Veris Benchmarks Site for any public or commercial purpose except with the prior written consent of Veris Benchmarks or the owners of the Material.  You may not use the Material on any other web site or in a network computer environment except with the prior written consent of Veris Benchmarks.

You represent and warrant that the uploading of any information or materials by you, and the storage and use of the same by Veris Benchmarks as contemplated herein, will not result in Veris Benchmarks being liable for infringement or other violation of the intellectual property or other rights of any third party or the violation of any applicable laws, rules or regulations.

Indemnification

You will indemnify, defend and hold harmless Veris Benchmarks and its related companies, licensees and successors, and their officers, directors, shareholders, employees and agents, from and against any losses, damages, judgments, liabilities, costs and expenses (including reasonable attorney’s fees) directly or indirectly arising from or relating to your breach of any representations or other terms of this Agreement.

Disclaimer of Warranties by Veris Benchmarks

THE SERVICES ARE FURNISHED "AS IS." VERIS BENCHMARKS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE VERIS BENCHMARKS SITE AND SERVICES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR AND RISK OF LOSS RESULTING FROM YOUR USE.  VERIS BENCHMARKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.



IF THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE HELD TO BE UNENFORCEABLE, YOU AGREE THAT VERIS BENCHMARKS' LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.

Privacy Policy



Except as otherwise set forth in this Agreement, we restrict access to customer data to those individuals and vendors who reasonably need to know that information to provide Services to you.



Veris Benchmarks may collect certain personally identifiable information about you or your prospective employees via the Veris Benchmarks Site.

 

Except as specifically set forth in this Agreement, we do not disclose or share the information that we collect from you or that is otherwise entered into the Veris Prime or Veris Professional assessments  except:  Veris Benchmarks makes all information stored in our system accessible to our vendors (such as hosting providers) as reasonably necessary to provide the Services and as reasonably necessary to comply with legally required disclosures such as disclosures made in response to a subpoena or to comply with regulatory obligations or professional standards; and to business partners of Veris Benchmarks who may provide you with relevant offers if you have elected to allow us to share information with them.  When we disclose your data to our vendors, it is done under an obligation of confidentiality and we only disclose as much of the information as is reasonably necessary to provide our Services to you.

 

Your information may also be used to respond to your requests, suggest contacts or content you may be interested in, recognize top users, customize content and otherwise improve the Veris Benchmarks Site and Services.  You may also be contacted to seek feedback or for research purposes.

 

Veris Benchmarks collects information concerning your use of the Services including, but not limited to, the dates you logged into the Veris Benchmarks Site, the areas of the Veris Benchmarks Site you visited, the links to other web sites that you click and the period of time you were logged into the Veris Benchmarks Site. Veris Benchmarks uses this data to, among other things, understand its users’ activities on its site, track data necessary for payment in relation to sponsored links and determine ways to enhance its web sites. Veris Benchmarks may share this information with third parties, but Veris Benchmarks will not disclose this information in a way that would reveal your identity or other personally identifiable information except as specified above.



In addition, Veris Benchmarks collects anonymous information regarding your use of the Services, which is then aggregated with other users’ information to evaluate how our customers use the Services and how Veris Benchmarks can improve the Services. 

 

A cookie is a piece of data stored on a user's hard drive containing information about the user. The Veris Benchmarks Site uses session cookies containing encrypted or encoded information. Session cookies allow us to process your online requests. Session cookies also help us to validate who you are after you have logged into the Veris Benchmarks Site. Session cookies exist during an online session. Session cookies become invalid when you completely close your browser software for the session in which they were created. If you do not wish to allow such cookies, you can configure most Internet browsers to refuse to allow new cookies, to prompt you before accepting new cookies, or to disables cookies altogether.

Other Terms and Conditions



Veris Benchmarks may modify or discontinue offering the Services at any time, with or without notice, for any reason or no reason.

You acknowledge and agree that, in the event that you breach the representations or other terms of this Agreement, such conduct will cause irreparable harm to Veris Benchmarks, and you will not challenge or oppose any application for injunctive relief to stop the conduct.  You hereby waive any bond requirement in connection with the same. 

If any clause or provision set forth in this Agreement is determined to be illegal, invalid or unenforceable under present or future law, then the clause or provision so determined to be illegal, invalid or unenforceable shall be reconstrued to achieve the parties’ intentions as set forth in this Agreement as nearly as possible, and all other clauses or provisions shall remain in full force and effect.



This Agreement and your access to and use of the Service are governed by the laws of the United States of America and the State of Florida applicable to contracts entered into by residents of Florida and wholly performed in Florida. The federal and state courts with jurisdiction over Palm Beach County, Florida, shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from this Agreement or your access to or use of the Services. You hereby expressly consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its or his or her right to a jury trial with respect to any action brought under or in connection with this Agreement.

The headings used in these Terms of Use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use. This Agreement, together with any other terms, conditions and agreements that may be entered into by you and Veris Benchmarks and in connection with a specific product or service of Veris Benchmarks, constitute the entire agreement between you and Veris Benchmarks and supersedes any and all other agreements, representations and understandings, whether written or oral, concerning the same subject matter. This Agreement may not be modified or amended by you without the prior written consent of Veris Benchmarks.
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