BestWork Assessments

BestWork DATA, LLC ("BWD") provides you with login rights at (together referred to as the "Site") and makes the Site, together with all information, reports, assessments, documents, communications, files, text, graphics and software, available through the Site (collectively, the "Materials") and all testing or other services provided by BWD or third parties (the "Services") through the Site, available for your use subject to the terms and conditions set out in this document and any changes to this document that BWD may publish from time to time (the "Terms of Use").

Intellectual Property

The Materials and Services on this Site, as well as their selection and arrangement are protected by copyright, trademark, patent, and/or other intellectual property laws, and unauthorized use of the Materials or Services at this site may violate such laws and these Terms of Use. Except as expressly provided in these Terms of Use, BWD does not grant any express rights to use the Materials and/or Services. You agree not to copy, republish, frame, transmit, modify, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized in these Terms of Use. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. The Site, together with the Materials and the Services are the property of BWD, and your use of the Site does not transfer any title or any other interest therein to you.

User Conduct

In using the Site, including all Services and Materials available through it, you agree:
    • Not to disrupt or interfere with the security of, or otherwise cause harm to the Site or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked Web sites;
    • Not to upload, post or otherwise transmit through the Site any viruses or otherwise harmful, disruptive or destructive files;
    • Not to create a false identity;
   • Not to use or attempt to use another's account, password, service, or system without express authorization from BWD;
   • Not to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
   • To comply with all guidelines, manuals, directives or other publications that are available to users on the Site with respect to the use of the Materials or Services.
   • You are responsible for maintaining the confidentiality of your account and for all activities carried out using your account information. You agree to notify BW immediately of any unauthorized activity using your information or if you suspect that the confidentiality of your account information has been compromised.
Managing Content and Communications

BW reserves the right, at its sole discretion, to delete or remove user content from the Site and to restrict, suspend, or terminate your access to all or parts of this Site, at any time without prior notice or liability.

BW may, but is not obligated to, monitor or review any areas of the Site where any users transmit or post user content, including but not limited to areas where Services are available and the substance of any user content.

To the maximum extent permitted by law, BW will have no liability related to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

BestWork Privacy Policy

Your Registration Data and certain other information that you provide to us are subject to our Privacy Policy. For further information, please see our full Privacy Policy.

Disclaimer of Warranties

In using this Site and its Services, you expressly understand and agree that:
  • The Site and the Services contained on it are provided on an "as is" and "as available" basis and that the use of the Site and Services is at your own risk.
  • BW disclaims all warranties of any kind, whether by express or implied, including but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
  • BW makes no warranties regarding the accuracy, reliability, quality, or availability of service of any products, materials or services made available on the Site.
  • Any damage to your computer or loss of data that results from the use of the Site or Services or from the download of any material will be your sole responsibility and is done at your own discretion.
  • No advice or information obtained from the Site or its Services, whether written or oral, shall create any warranty not expressly stated.
Further, BestWork makes no warranty or condition that:

  • The Services will meet your requirements;
  • The Services will be uninterrupted, timely, secure or error-free;
  • The results that may be obtained from the use of the Services will be accurate or reliable;
  • The quality of any products, Services, information, or other Materials purchased or obtained by you through the Services will meet your expectations;
  • Any errors in the software will be corrected.
limitation of liability

To the extent not prohibited by applicable law, BW is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage (even if BW has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise arising out of, or related to:

 • The use or inability to use the Service;
 • The cost of procurement of substitute goods and services purchased or obtained or messages received or transactions entered into through or from the Services;
 • Unauthorized access or alteration of your transmissions or data;
 • Statements or conduct of any third party on the Services or the Site;
 • Any other matter relating to the Services, including materials or content you may download, use, modify, or distribute from the Site.

You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and will not make a claim against BW for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of content.

You agree to hold BW harmless from and covenant not to take any legal action against BW for any claims based on using the Site, whether in contract (including fundamental breach), tort (including negligence) or otherwise except where BW is prevented by law from making such exclusions or limitations.

Termination of Use

BW reserves the right, at its sole discretion, to terminate or suspend your use of the Site, terminate or suspend your account and refuse any current or future use of the Services if it believes in good faith that you have knowingly failed to comply with the above user registration Terms of Use.