Please read this Authorization and Terms of Use Agreement carefully. This document applies to the websites, applications, services, and solutions owned and operated by OutMatch (“OutMatch”, “we”, “us”, or “our”) which are used to deliver our technology and services.  OutMatch provides Talent Selection and Employee Development technology and services to our direct customers, and to our distributors and resellers (collectively, “Customers”) to improve the quality and impact of the workforce.  These Terms of Use govern and set forth the legally binding terms for your access to and use of these OutMatch technology and services (collectively, the “Services”) as one or more of the Applicable Parties listed below.  By clicking “Accept” and/or accessing the Services you are entering into this binding agreement.  If you do not agree with all of these Terms of Use, do not use the OutMatch Services.Capitalized words in these Terms of Use may have a specific meaning set forth in the definition section at the end of this document.

Description of Services and Applicable Parties

As a user of this Service, you may fall into one or more of the Applicable Parties below, and therefore be bound by this agreement.

Applicants:  As part of your application and consideration for employment by the Customer, information will be submitted to the Customer by you and, when applicable, by the References you designate.  OutMatch Services include a portal for your use in the submission of such information.

Reference Providers (References):  You have been designated by an Applicant to submit information on their behalf.  Your use of the Services is subject to the below Terms of Use as may be applicable to such submission and use of the portal.

Employees and third parties acting on behalf of OutMatch Customers may also access and use OutMatch Services.  When used in this capacity, these parties are subject to the Terms and Conditions of the Customer agreement with OutMatch. If you need assistance determining your role as it pertains to these Terms of Use, please contact support@outmatch.com.

Applicant Authorization

I hereby authorize the individual(s), company(ies) or institution(s) specified by me herein (“Reference Providers”) to furnish the Customer, its agents or representatives (including without limitation OutMatch), with any information it may have concerning me which is on record or otherwise. I understand that this information may be used for evaluation of suitability for my employment.

I further authorize and invite the Reference Providers and all individuals connected therewith, including the prospective employer, to provide and evaluate information regarding me and my prior employment and understand that through my invitation to Reference Providers such information will be submitted to the prospective employer for such evaluation.

1 – Right to Use OutMatch

1.1 – Applicants.  Current employees of the Customer and potential employment candidates of the Customer may take and provide answers to one or more assessment tests through the Service, as requested by the Customer. You have been referred by the Customer to take a test on the Site. After completion of the test, a report will be prepared based on your responses and/or the responses of your references (the “Assessment”). The Customer is responsible for the consideration of the Assessment so produced, and is also solely responsible for any hiring or termination decision. By accessing the Site, you agree and acknowledge that OutMatch is not responsible for any hiring or termination decision made by the Customer or by any other person.

1.2 – Reference Providers.   Persons submitted by one or more Applicant(s) to provide information on their behalf may take and provide answers to one or more questionnaires through the Service, and provide additional information as requested by the Customer (“Reference Information”).  Your information has been supplied by the Applicant and you have been requested by the Customer to provide Reference Information regarding the Applicant through the Services.  Upon completion, a report will be prepared based on your responses and the responses of the Applicant (the “Assessment”).  The Customer is responsible for the consideration of the Assessment so produced, and is also solely responsible for any hiring or termination decision. By accessing the Site, you agree and acknowledge that OutMatch is not responsible for any hiring or termination decision made by the Customer or by any other person.

2 – Use of the Site; Tests and Assessments. Upon accessing the Site, you may be asked to submit required and optional information to log in and begin using the Service. Once accessing the Service, you will provide information as requested by the Customer in conjunction with your role as an Applicant and/or Reference Provider.  For information on how such information will be used, please see the OutMatch’s Privacy Policy. If you do not want your information used in this manner and shared with the Customer, you must click that you do not accept these terms, and you will not be allowed to use the Service or the Site.

You agree to provide accurate and complete responses. Should it appear that such information is untrue, inaccurate, not current or incomplete, your use of the Service and/or your access to the Site may be suspended or terminated. You grant OutMatch a non-exclusive, perpetual, royalty-free license to use the responses provided by you in any manner, however, no legally protected personally identifiable information will be disclosed to any person except the Customer (or designated third parties at the request of the Customer).

You agree that OutMatch shall have no obligation to provide you with a copy of the assessment test(s) taken through the Service, a copy of your responses or the responses of your references, or a copy of any report provided to the Customer. Neither the Assessment nor the Service is intended to screen persons on the basis of any legally protected status, such as race, color, religion, sex, national origin, sexual orientation, age or disability.

Information may be provided only when approved by the Customer or OutMatch. Applicants are not authorized to take any test more than once unless the Customer has specifically requested that you do so. Title, ownership rights, and all intellectual property rights in and to the Site and the Service, including, without limitation, patents, copyrights, trademarks and trade secrets, shall remain with OutMatch and/or its licensors. The tests and questionnaires provided through the Service are proprietary to OutMatch and are protected by the copyright laws of the United States and international copyright treaties.

As noted above and in the OutMatch Privacy Policy, the Customer may direct us to disclose your legally protected personally identifiable information to third parties for employment screening, background checks, and credential verification services, including verification of the accuracy of your personal information and confirmation of your references. You agree that OutMatch is not responsible or liable for the use and dissemination of such information by such third parties. If you do not want your legally protected personally identifiable information shared with any third parties, you must click that you do not accept these terms, and you will not be allowed to use the Service or the Site.

3 – Prohibited Uses. You may not:

3.1 – send unsolicited commercial emails to other Users;

3.2 – share your OutMatch account and password with another person (you are responsible for maintaining the confidentiality of your password for log in to the OutMatch and for all uses of your password and your OutMatch account, whether or not authorized by you);

3.3 – post content to OutMatch that you are not licensed or authorized to post;

3.4 – post content to the OutMatch that is false, misleading, discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or

3.5 – upload to the OutMatch any virus, worm, Trojan horse or other malicious code.

4 – Intellectual Property Rights. All rights, title and interest in and to the OutMatch system is the sole property of OutMatch or its licensors, and is protected by U.S. copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, OutMatch reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, or sell OutMatch systems, or use it in any other way for public or commercial purpose. You agree to hold the content of OutMatch systems confidential and not disclose or provide access to it to any third party. This includes copying or adapting the screen shots or the HTML code used to generate web pages on the OutMatch system. The OutMatch design logo and certain other names or logos are service marks or trademarks of OutMatch, and all related product and service names, design marks and slogans are the service marks or trademarks of OutMatch. In addition, the “look” and “feel” and functionality of OutMatch (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by OutMatch’s trademarks, service marks and copyrights and may also constitute trade secrets. All other product and service marks contained on OutMatch systems are the trademarks of their respective owners.

5 – Allocation of Responsibility. OutMatch Services may include User submitted information.  OutMatch reserves the right, but assumes no obligation to screen or monitor communications between Users, to screen, monitor, modify or remove any information posted to OutMatch Services by Users, or to monitor the use, actions taken or activities of Users. OutMatch shall have no liability or responsibility to Users for performance or nonperformance of such activities and hereby disclaims all such potential liability.

6 – Caution in Exchanges of Personal Information. OutMatch assumes no obligation to conduct or require criminal background checks or collect other information from third parties with respect to any Users of OutMatch Services. OutMatch disclaims all liability for the decision of Users to make available to or share personal information with other Users. As with any exchange of personal information, Users should exercise caution.

7 – Employment Disclaimer. OutMatch is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the OutMatch in meeting the employment objectives of Users. OutMatch does not guarantee that use of the OutMatch by Users will result in Applicants being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.

8 – WARRANTY DISCLAIMERS. OUTMATCH IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. OUTMATCH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. OUTMATCH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUTMATCH. Without limitation on the foregoing: OUTMATCH DOES NOT WARRANT THAT OUTMATCH WILL OPERATE ERROR-FREE OR THAT THE OUTMATCH AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF OUTMATCH RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUTMATCH IS NOT RESPONSIBLE FOR THOSE COSTS.

OutMatch makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Users on the OutMatch system, or of any other form of communication engaged in by Users. Such information may contain inaccuracies or other errors. You agree that you are providing the information or directly soliciting the information from your own References and that any reliance on such content posted by Users, or on any other form of communication with Users, will be at your own risk. OutMatch makes no representations or guarantees regarding the content of the OutMatch system, including, but not limited to, broken links, inaccuracies or errors.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUTMATCH, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE OUTMATCH PRODUCT. IN NO EVENT SHALL OUTMATCH (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, OUTMATCH AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR CERTAIN CAUSES OF ACTION, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUTMATCH’s MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $1,000.00 IN THE AGGREGATE. IN NO EVENT SHALL OUTMATCH (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $1,000.00. Due to the nature of this Agreement, in addition to money damages, you agree that OutMatch will be entitled to equitable relief upon a breach of this agreement by you without the requirement to post bond.

9 – Texas Law and Arbitration.

9.1 – Choice of Law.  These Terms of Use and any disputes arising out of or relating to these Terms of Use (“Disputes”) shall be governed by Texas State law.

9.2 – Agreement to Arbitrate and Pay Attorneys’ Fees.  Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Dallas County, Texas, USA in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the non-prevailing.

9.3 – Exception from Arbitration Agreement.  Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

10 – Security. Users are prohibited from violating or attempting to violate the security or stability of the OutMatch system or from accessing or attempting to access information not intended for such User.

11 – Use of Robots Prohibited. Users may not use any software tool designed to automatically emulate the actions of a human User (such tools are commonly referred to as “Robots”) in conjunction with OutMatch or perform any probe, scan or test on OutMatch. Common Robots include, without limitation, Loadrunner, Winrunner, Silk performer, Rational Robot, QALoad and WebLOAD and such programs are commonly used for the purpose of data entry, data loading, data migration, load testing, performance testing, performance monitoring, performance measuring and stress testing. Use by you or your Employer of a Robot, including those listed above or other similar programs, with OutMatch for the purposes listed above or any other purpose is a material breach of these Terms of Use.

12 – Links to Other Sites. OutMatch contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by OutMatch of the contents on such third-party web sites. OutMatch is not responsible for the content of linked third-party sites and does not make any representations regarding the content of such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

13 – Amendments to the Terms of Use. OutMatch may revise the Terms of Use at any time by publishing such revisions at OutMatch.com or any of its Sites or Services. Changes will be binding on you on the date they are posted on the OutMatch (or as otherwise stated in the any notice of such changes). Any use of OutMatch will be considered acceptance by you of the then-current Terms of Use. If at any time you find the Terms of Use unacceptable, you should immediately discontinue use as you may no longer use the OutMatch Sites or Services. Any new or different terms supplied by you are specifically rejected by OutMatch unless OutMatch agrees to them in a signed writing specifically including those new or different terms. OutMatch may change the OutMatch Services at any time.

14 – Indemnification. You agree to hold harmless OutMatch (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with the use of OutMatch by you, any information posted by you, or breach of the Terms of Use by you. OutMatch shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

15 – Privacy. The Privacy Policy posted on OutMatch is incorporated into the Terms of Use by this reference. The Privacy Policy governs content collected through OutMatch only. Please note, as set forth in the Privacy Policy, that OutMatch may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, OutMatch reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

16 – Miscellaneous. Use of OutMatch may not be legal in all jurisdictions. In particular, if you access and use the OutMatch from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms of Use, which shall remain in full force and effect. You specifically agree that OutMatch has no obligation to archive, backup, or maintain your information. All provisions of the Terms of Use shall survive termination except those granting access or use to OutMatch systems. Upon termination of this agreement or your right to access OutMatch systems, you shall cease all your use of and access to OutMatch immediately. You may not assign or transfer your obligations under the Terms of Use. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by OutMatch in a particular “Legal Notice,” or software license which present such materials, the Terms of Use constitute the entire agreement between you and OutMatch with respect to the OutMatch system.

17 – Definitions

  • “Design” means the color combinations and the page layout of OutMatch systems.
  • “Employer” means an OutMatch Customer.
  • “Graphics” means all logos, buttons, and other graphical elements on the OutMatch systems, with the exception of paid advertising banners.
  • “Programming” means both Customer-side code and server-side code used on OutMatch systems.
  • “Services” means any services provided on OutMatch technology and systems.
  • “Software” means all Text, Graphics, Design and Programming used on OutMatch systems.
  • “OutMatch” means www.OutMatch.com in its entirety and any other sites and applications owned or operated by OutMatch, and includes their Software, Text, Graphics, Design, Programming and Services as applicable in the context.
  • “Text” means all text on every page of OutMatch systems, whether editorial, navigational, or instructional.
  • “User” refers to any individual or entity who uses any aspect of OutMatch.

WAIVER of CLAIMS

Applicant:  By agreeing to the terms herein and by utilizing the OutMatch system, you waive any and all claims or causes of action associated with or arising out of the above Terms of Use.  In addition, but without limiting the scope of the above waiver, you waive any claims or causes of action against the References you invite to submit information on your behalf.  These waivers shall be construed to the maximum extent possible, however, they shall be limited in their construction to the extent that they violate any Federal, state or local law.

Reference Provider (Reference):  By agreeing to the terms herein and by utilizing the OutMatch system, you waive any and all claims or causes of action associated with or arising out of the above Terms of Use.  In addition, but without limiting the scope of the above waiver, you waive any claims or causes of action against OutMatch based on or related to the reference information you submit on behalf of the Applicant.  These waivers shall be construed to the maximum extent possible, however, they shall be limited in their construction to the extent that they violate any Federal, state or local law.