By using the TESTERLY website and services, you agree to be bound by these Terms of Use as well as our Privacy Policy. If you do not accept these Terms or the Privacy Policy, you must immediately discontinue use of the site.
Your use of specific features (such as the TESTERLY Career Inventory) may also be subject to additional agreements or guidelines. In particular, use of the career matching inventory is governed by our separate License Agreement.
TESTERLY may revise these Terms of Use from time to time to reflect changes in laws, company policies, or site functionality. Updates may occur with or without specific notice to you. It is your responsibility to review these Terms periodically. Continued use of the website after changes are posted constitutes your acceptance of the revised Terms.
All material on this website, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of these materials may violate these laws and the provisions of these Terms of Use.
This website may be used by individuals under the age of 13, including as part of school, career counseling, or other supervised programs. However, if you are under the age of majority in your jurisdiction (typically 18), you must use the site only with the involvement and consent of a parent, guardian, teacher, or authorized adult supervisor. By permitting a minor to use the site, the responsible adult (parent, guardian, teacher, or supervisor) consents to these Terms on the minor’s behalf and agrees to oversee the minor’s use. TESTERLY does not knowingly collect personal information directly from children under the age of 13 without appropriate consent in compliance with applicable privacy laws (such as COPPA, where applicable). Parents and guardians are responsible for supervising their minor child’s use of the site. Parents and guardians agree not to hold TESTERLY liable for any use by the minor, including any harm arising from use of the site or reliance on its content. TESTERLY disclaims liability for any unauthorized or unsupervised use of the site by minors.
All content and materials on the TESTERLY website – including text, graphics, logos, icons, images, audio clips, software, and other material – are protected by copyright, trademark, and other intellectual property laws. TESTERLY (or its licensors) retain all rights, title, and interest in the site content. Unauthorized use of any materials may violate intellectual property laws and these Terms.
You may access and use the content on this website for your personal, non-commercial purposes, or for legitimate business purposes internal to your organization. This means you may browse the site, download or print materials for your own use, provided that you do not modify the content and provided that you retain all copyright, trademark, or other proprietary notices on copies of the content. Any use of site materials must be in accordance with these Terms and applicable law.
You may not engage in any of the following activities:
When using our website, you agree not to:
Our site may include links to external websites or resources for your convenience. These links are provided for reference only and do not constitute an endorsement or approval of third-party websites, content, or services. We have no control over the content or practices of any third-party sites and assume no responsibility for them. If you choose to access a link to an external site, you do so at your own risk. We strongly encourage you to review the terms of use and privacy policies of any third-party websites that you visit.
TESTERLY strives to keep information on the website up-to-date and accurate; however, we do not guarantee that information is complete, reliable, or current. The site’s content is provided for general informational purposes, and no warranty is made regarding its accuracy or completeness. To the extent permitted by law, TESTERLY disclaims liability for any loss or damage resulting from inaccuracies or omissions in the information on the site, or from any reliance you or others place on that information.
We aim to keep the website operational and accessible, but uninterrupted availability is not guaranteed. TESTERLY does not promise that the site will be available at all times or that your access will be error-free. We may suspend or restrict access to the site (in whole or in part) temporarily or permanently for business or technical reasons, without notice. To the extent allowed by law, TESTERLY disclaims any liability for any inability to access the website or for any interruption in service.
The TESTERLY Career Inventory results and data provided by TESTERLY are intended for informational purposes only. TESTERLY makes no guarantee that any inventory result is accurate, reliable, or suitable for any particular purpose. The site’s content and inventory feedback do not constitute career, educational, professional, or legal advice. You are solely responsible for any decisions or actions you take based on your inventory results or any site content. By using the site, you acknowledge that any reliance on the inventory results is at your own risk. TESTERLY shall not be liable for any outcomes, losses, or damages arising from decisions you make in reliance on the test results, such as educational or career choices. Always consider seeking advice from qualified professionals and use multiple sources of information when making significant decisions.
We are committed to protecting your data. All personal data collected through TESTERLY is stored on secure servers located in Ireland (European Union). Storing data in the EU means your information is handled subject to stringent EU data protection regulations. We implement appropriate technical and organizational security measures, following industry best practices, to safeguard your data from unauthorized access, alteration, or disclosure. These measures include access restrictions, encryption, regular security audits/updates, and staff training on data protection. By using our website or services, you consent to the transfer and storage of your information in these servers for processing and storage. For details on how we collect, use, and protect personal data, please review our Privacy Policy.
These Terms of Use operate in conjunction with our Privacy Policy and, where applicable, our License Agreement. We intend for these documents to be consistent and complementary. In the event of any conflict or inconsistency between these Terms and a separate License Agreement you have with TESTERLY (for example, if you or your organization has a license to use the TESTERLY Career Inventory), the terms of the License Agreement will take precedence to the extent of the conflict. Similarly, specific contractual agreements with organizations may override certain provisions of these general Terms for those parties. Nothing in these Terms is intended to limit the obligations or rights in the Privacy Policy regarding personal data. In matters of data protection, the Privacy Policy will govern.
Use at Your Own Risk: You are solely responsible for your use of the website and any results or decisions arising from that use. The website and all content and services on it are provided on an “as is” and “as available” basis, without any warranties of any kind except where such warranties cannot be excluded by law. To the fullest extent permitted by applicable law, TESTERLY and its affiliates disclaim all warranties and conditions, express or implied, including:
Some jurisdictions do not allow the exclusion of certain warranties. If applicable law imposes any non-excludable warranties, those warranties are limited to the minimum duration and scope required by law. This clause gives you specific legal rights, and you may also have other rights which vary depending on your jurisdiction.
To the extent permitted by law, TESTERLY’s total liability for any claims, losses, or damages arising out of your use of (or inability to use) the website is limited to the amount (if any) you have paid to TESTERLY in the 12-months immediately before the event that caused the claim. If you have paid nothing (for example, if Testerly's service is free to use), our liability to you for damages will be $0. If such liability is not allowed under the laws in your area, then our total liability will be limited to the minimum amount allowed by law.
In no event will TESTERLY – or its affiliates, related companies, or any of their shareholders, directors, officers, employees, or agents – be liable for any indirect, incidental, punitive, special, exemplary, or consequential damages whatsoever arising out of or in connection with the website or these Terms. This includes, without limitation, any loss of profits, loss of business or anticipated savings, loss of data, or claims by third parties, even if we have been advised of the possibility of such damages. TESTERLY shall also not be liable for any claim by any third party against you arising from your use of the site.
These limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if a remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Except to the extent prohibited by law and except as otherwise provided by any applicable limited warranties, you agree to indemnify, defend, and hold harmless TESTERLY, its affiliates and related companies, and their respective shareholders, directors, officers, employees, agents, and heirs from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:
This indemnification obligation includes any claims made by other users or third parties due to or arising from your use of the site or content you submit. TESTERLY reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
These Terms of Use, and any dispute or claim arising out of or related to them or the use of the website, shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein. This governing law applies no matter where you are located, to the fullest extent permitted. You understand that, by using the website, you are willingly subjecting yourself to the laws of British Columbia and Canada regarding any disputes that may arise.
All disputes or legal actions arising out of or relating to these Terms of Use or your use of the website shall be brought exclusively in the courts of Nanaimo, British Columbia, Canada. You and TESTERLY each consent to the exclusive jurisdiction of these courts. You also waive any objections to the venue of such courts, including objections based on inconvenience or an improper forum. Any final judgment rendered by such a court shall be conclusive and may be enforced in other jurisdictions as applicable. By using this site, you agree that you are doing so voluntarily and that you can reasonably foresee being required to defend your actions or resolve any disputes in Nanaimo, BC.
Informal first: Before initiating any formal legal action or lawsuit, you agree to first attempt to resolve any dispute or disagreement with us informally. Please contact us to discuss any concern, and we will do our best to resolve the issue in good faith.
Mediation second: If we are unable to resolve a dispute through negotiation, both you and TESTERLY agree to consider mediation as a next step, with the mediation to occur online with a mediator located in British Columbia (unless another location is agreed to by both you and TESTERLY).
Courts last: Only if the above methods fail to resolve the dispute may either party initiate legal proceedings in the courts specified above.
Immediate relief: This section does not limit either party’s right to seek immediate injunctive relief or other equitable remedy for a breach of these Terms of Use, as necessary.
TESTERLY may provide translations of these Terms of Use for convenience. However, the English-language version of these Terms is the legally binding version and will prevail over any translation in the event of any inconsistency or ambiguity. All communications and proceedings in connection with these Terms shall be conducted in English, unless otherwise agreed by the parties.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed (or, if permissible, modified to the minimum extent necessary to comply with the law) and the remainder of the Terms shall remain in full force and effect. The intent of the parties is that these Terms will be enforced to the greatest extent permitted by law, and that any invalid or unenforceable term will be replaced by a valid term that comes closest to the original intent and economic effect.
Section titles and headings in these Terms are provided for convenience and organizational purposes only. They do not affect the interpretation of any provision of the Terms. In other words, the headings have no legal effect and should not be used to construe the meaning of any section of these Terms.
TESTERLY reserves the right to restrict, suspend, or terminate your access to the website (in whole or in part) at any time and without prior notice if, in our judgment, you have violated these Terms of Use or for any other reason we deem appropriate. We may also remove or delete any content that you have posted or transmitted on the site, at our sole discretion. If your use of the site is terminated or suspended, you must cease all use of the site and destroy any copies of site materials that you have in your possession.
Additionally, TESTERLY reserves the right to take appropriate legal action against violators of these Terms. This may include seeking injunctive or equitable relief to stop unauthorized use of the site or to enforce compliance with these Terms, as well as pursuing any other remedies available under law. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
By using the TESTERLY website and services, you acknowledge that you have read, understood, and agree to all of the above Terms of Use.
