- Site Content
- Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. OAP reserves the right to bar users for any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of OAP, including any OAP account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or OAP’s systems or networks, or any systems or networks connected to the Site or to OAP.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to OAP on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Accounts, Passwords, and Security
Certain features or services offered on or through the Site, such as the Portal, may require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your or your organization’s account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify OAP immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by OAP or any other user of or visitor to the Site due to someone else using your user name, password, or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s user name, password, or account at any time without the express permission and consent of the holder of that user name, password, or account. OAP cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- Your Use of the Portal
Use of the Portal requires you to open an account with OAP (including setting up a user name and password, and providing additional requested information, such as contact information). By using the Portal, you are able to request an assessment, view the status of in-progress assessments, and view and/or download assessment reports, in addition to other features which may be added or removed at OAP’s sole discretion and without prior notice. Access to the Portal may be suspended or terminated as described in Section 8: Disclaimers. Access to the Portal, including the ability to view and download assessment reports, may also be suspended or terminated for failure to pay an outstanding balance owed to OAP within the timeframe or by the due date specified on an invoice, or within 30 days of the date of an invoice that does not specify a timeframe or due date for payment. You agree that OAP is not liable for any loss or damage to you that may result from the suspension or termination of an account.
- Purchasing Assessment Services
If you purchase assessment services from OAP, including but not limited to the administration, scoring, and interpretation of standardized assessment instruments and/or qualitative assessment measures, such as interviews (collectively, “Assessment Service” or “Assessment Services”), you or the organization you are authorized to represent are the owner of the raw data (“Data”) used to perform such services. Data include, when made available to OAP by the test publisher, raw responses to standardized assessment instruments or, when raw responses are unavailable from the test publisher, the raw scores for the scales of the administered standardized assessment instruments. Data also include responses to interview questions. Data do not include instructions, items, questions, stimuli, or other content not generated by a participant completing standardized assessment instruments. Data also do not include interview questions.
While the owner of the Data may request access to the Data at any time, ethical and professional guidelines require such Data be disclosed only if the recipient is provided with a professional interpretation of the Data. As such, there may be a delay in the release of Data until a verbal and/or written professional interpretation can be provided. A request for the release of Data may be delayed or refused if release of the Data could be reasonably anticipated to cause harm to or adverse outcome for the owner of the Data and/or the assessment participant who provided the Data. In the event of a delay or refusal in response to a request for the release of Data by the Data’s owner, OAP will provide a written explanation for the delay or refusal within 30 days of receipt of a written request for release of the Data.
OAP assessment reports that provide interpretation of the Data, including but not limited to the written and graphical content of such reports, are owned by OAP. For Assessment Services purchased by an organization, OAP grants a limited, non-transferrable license to the organization to use assessment reports produced using Data collected for an Assessment Service within the purchasing organization (i.e., with employees of the organization who have a legitimate business interest that requires access to an assessment report). For Assessment Services purchased by an individual, OAP grants a limited, non-transferrable license to the individual to use assessment reports produced using Data collected for an Assessment Service for personal use. Organizations and individuals who purchase Assessment Services are expressly prohibited from sharing, disseminating, or distributing assessment reports or any content contained within the reports with or to other businesses or organizations (collectively, an “ Outside Third Party”) in physical, electronic, or any other means without the express prior written consent of OAP. An Outside Third Party includes, but is not limited to, an organization, business, or consulting firm, or any person acting on behalf of such entities, other than the organization purchasing Assessment Services, or, for an individual purchasing Assessment Services, an Outside Third Party includes, but is not limited to, any organization, business, or consulting firm, or any person acting on behalf of such entities. If you purchase Assessment Services from OAP (for example, by using the Request an Assessment feature of the Portal), you agree that sharing, disseminating, or distributing assessment reports, which may be developed with and contain OAP’s proprietary information and processes, with or to an Outside Third Party would irreparably harm OAP. If OAP does take any legal action against you as a result of your sharing, disseminating, or distributing an assessment report with or to an Outside Third Party, OAP will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to OAP.
- Links to Other Sites
OAP does not promise that the Site or any Content, service, or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change without notice. OAP cannot ensure that any files or other data you download from the Site will be free of viruses, contamination, or destructive features. OAP disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. OAP disclaims any and all liability for the acts, omissions, and conduct of any third parties (for example, Linked Sites) in connection with or related to your use of the Site and/or any OAP services. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against OAP for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
OAP reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Limitation of Liability
Except where prohibited by law, in no event will OAP be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if OAP has been advised of the possibility of such damages.
You agree to indemnify and hold OAP, its members, officers, directors, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against OAP by any third party due to or arising out of or in connection with your use of the Site.
OAP may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) OAP’s rights or property, or the rights or property of visitors to or users of the Site, including OAP’s customers. OAP reserves the right at all times to disclose any information that OAP deems necessary to comply with any applicable law, regulation, legal process, or governmental request. OAP also may disclose your information when OAP determines that applicable law requires or permits such disclosure.
You agree that OAP may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
- Governing Law; Dispute Resolution
The information contained in this website is subject to change without notice.