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
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
IF YOU DO NOT AGREE
ACCESS THIS VERIS PRIME AND/OR PROFESSIONAL ASSESSMENT AND SHOULD LEAVE THE
VERIS BENCHMARKS SITE IMMEDIATELY.
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” 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
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
- 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
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.
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.
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
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
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property of Veris Benchmarks or of third parties, which may be indicated. You acknowledge and will not challenge
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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.
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
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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.
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
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
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.
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.
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.
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.
The headings used in
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.
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