Thank you for visiting the 10Rule website and 10Rule System website. We have set up some ground rules to ensure that we can keep this area useful, productive, and safe for everyone.
10Rule, Inc. (THE “Company”) reserves the right to change these rules, guidelines and disclaimers at any time, and you agree that each visit you make to the 10Rule website shall be subject to the
10RULE WEBSITE TERMS AND CONDITIONS OF USE
1. Restrictions on Use. All pages within the 10Rule website or 10Rule System website and any material made available for download (collectively the “Site”) are the property
of the Company and/or its affiliates. The Site is protected by any federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or
distributed in any form without the express written permission of the Company. This Site is for the internal use of your employer’s business only. You shall keep intact any proprietary notices, including copyright
2. Trademark Notice. 10Rule, Px-12 Profile, Px-12 Performance Profile, Laser Beam Hiring, Targeted Performance Coaching, Applicant Performance Screening and Vetting Engine and Company Performance Audit,
and 10Rule, Inc. are the logos, trademarks, and service marks of the Company. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of
their respective owners.
3. User Data. You acknowledge and agree that, in the course of your use of this Site and any assessment process, the Company will rely upon (a) information supplied by you or your employer and (b)
publicly available information. You warrant that such information shall be complete and accurate in all material respects and not misleading in any manner. The Company is granted a limited license
to all data you upload to the Site for the sole and exclusive purpose of providing the 10Rule Services (“Services”) as defined in the Company’s Service Agreement with your employer (the “Service Agreement”) This includes a
license to collect, process, store, generate, and display the data to the extent necessary to provide Services. You further agree that your information or job listings may be available on the job boards of our
networked partners. If you do not want your information or jobs listed on additional job boards for free, you may email email@example.com with your request. No data or information may be uploaded that is designed to damage the Site or
or civil proceedings against you.
4. Confidential and Proprietary Information. The term “Confidential Information” shall mean all information of a party (regardless of form) that: (a) has been marked “confidential” or with words of
similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarized in writing by the disclosing party
and marked “confidential” or with words of similar meaning; and (c) should reasonably be recognized as confidential information of the disclosing party. The term “Confidential Information” does not include
any information that was: (a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving
party, without violating the disclosing party’s proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or (d) publicly available when received,
or thereafter became publicly available (other than through any unauthorized disclosure by the receiving party).
Any information or material sent to the Company through the Site is subject to the limited license in Section 3 (User Data) and may include Confidential Information. The Company has agreed to keep and maintain
such Confidential Information in strict confidence, using such degree of care as is appropriate and consistent with its obligations under the Service Agreement and applicable law to avoid unauthorized access,
use, disclosure, or loss. The Company is not responsible for any data that may be lost, altered, intercepted or stored across networks not owned or operated by the Company.
You also agree to hold all Confidential Information of the Company in strict confidence and not to copy, reproduce, sell, transfer, or otherwise give or disclose such Confidential Information to third parties
other than employees of your employer who have a need to know in connection with the Services provided by the Company. You agree not to use such Confidential Information for any purposes whatsoever other than
as agreed in the Service Agreement.
5. Message Boards and Chat Rooms. The following are guidelines for posting material on the 10Rule Message Boards and Chat Rooms, and for other uploaded data. Violators of
this policy may be barred from access to our Site and may be subject to disciplinary action by their employer.
a. Everyone is welcome to suggest new message threads that pertain to the topic of the specific message board and/or chatroom.
b. The use of profanity, vulgar language, antagonistic remarks and/or ethnic slurs is strictly prohibited. You are also prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, or pornographic material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise
violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company or its officers, to disclose the identity of anyone posting any such
information or materials.
c. Advertising of any outside websites or placing outside web links on the message boards is strictly prohibited, as well as the advertising or “hawking” of any products.
d. We encourage creative, original and thought-provoking discussions. The Message Boards and Chat Rooms will not be a free forum for personal attacks on others who log onto this Site.
Although The Company may from time to time monitor or review discussions, chats, postings, transmissions, coaching, data, text, bulletin boards, and the like on the Site or on connecting client sites,
the Company is under no obligation to do so and assumes no responsibility or liability arising from the content, data or text or educational content, instructions, consultations of any such locations
nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
6. Security. You acknowledge and agree that you may not access, collect, record, alter or interfere with account data that does not belong to you. Any attempts or successes at violating another user’s data or privacy shall result you
being barred from access to the Site and disciplinary action by their employer and also may result in criminal or civil proceedings against you.
7. Other Prohibited Use. Violators of the following rules may be barred from access to our Site, may be subject to disciplinary action by their employer, and may be subject
to civil and/or criminal proceedings.
a. This Site and the Services may not be used for any illegal or unlawful purposes. The Company reserves the right to terminate use by and/or access privileges of any person that the Company,
in its sole discretion, deems questionable.
b. No person may enter data that is knowingly inaccurate, incomplete or false.
c. No party may enter data that does not belong to them. Users may not enter data for another user. This shall include, but not be limited to, the listing of job opportunities.
You may not post job openings that are not for your employer. The only exception to this is if you represent an ad agency, recruitment firm, or any other third party recruitment service,
with prior written permission to post on such company’s behalf.
d. No party may maintain an excessive amount of data on our servers or upload anything that may cause excessive strain on our systems and networks.
e. No party may use our Site and our Services for anything other than their intended uses. This shall include, but not be limited to, the practice of posting openings that do not
specifically exist for the purpose of collecting resumes or other data from our users. This practice is expressly prohibited and may result in cancellation of your posting and immediate
removal of your usage rights without notice.
f. No party may use our Services or Site with the intent of hurting, damaging, destroying, or otherwise infringing on the stability and usefulness of our Services.
g. No party may distribute what the Company, in its sole discretion, deems to be protected, copyrighted or proprietary materials to any third party. This may include contact data, passwords, discounts, etc.
This includes the sharing of protected data with other site users. No party may utilize data from the Site in an attempt to bypass the Site’s security and extract protected data from outside sources.
The Company reserves the right to alter, edit, or remove any data entered or posted.
h. No party may aggregate, package, spider, collect, display any of the content on this Site without the express written consent of the company.
i. No party may copy, duplicate or use any of the coding, markup language, or software that comprises the Site or any of its materials or Services. None of these items may be reverse-engineered or duplicated for any purpose.
j. Individuals that create a Profile agree not to post any information that either directly or indirectly reveals their identity or contact information. The Company reserves the right to remove such data at its discretion.
k. You may not “frame” or “mirror” any content contained on this Site unless authorized in writing by the Company. Unauthorized use of documents, images, software and other proprietary material may violate
copyright, trademark, privacy, right to publicity, export, and communications laws and regulations.
8. Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
THE COMPANY AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY
TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES,
AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although the Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site, which depends on the data provided by
you and your employer. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by you, your employer or
others. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. Information contained on the Site may be changed or updated without notice to you.
We make no guarantee that your postings or data will be accessible for the entire term of its listing. You acknowledge and agree that computer outages, software failure and other technical and non-technical issues
may cause temporary outages or even permanent loss of data that the Company shall not be liable for.
The Company makes no guarantees as to the level of success a user may achieve by using the Site. Certain third party partners may make such performance guarantees with the approval of The Company.
You acknowledge and agree that you shall not be entitled to any refund for use of the Site that you determine to be unsuccessful.
9. Termination of Site and Site Access. The Company reserves the right to change the contents of this Site or to discontinue it at any time, as well as the right to deny access to the Site to any person whom we have reasonable
grounds to believe may be using the Site for an unlawful or unauthorized purpose or in a manner that may harm the Company and/or its clients.
10. Links or Pointers to Other Sites. The Company makes no representations whatsoever about any other website that you may access though this Site. When you access a non-10Rule website, please understand
that it is independent from the Company, and that the Company has no control over the content on that website. In addition, a hyperlink to a non-10Rule website does not mean that the Company endorses
or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as
viruses, worms, trojan horses, and other items of a destructive nature. Links or pointers to any sites that are deemed offensive or dangerous by the Company, in its sole discretion, will be deleted.
You further agree to comply with the applicable provisions of any federal, state, or local law or ordinance and all orders, rules, and regulations issued thereunder. Specifically, with respect to the
10Rule System, you acknowledge that you may be subject to local, state and federal regulations regarding the use of employment selection tools and you agree that you shall not use the evaluation/assessment
or profile or its results as your sole basis for making any employment hiring or recruiting decision. The evaluation assessments and questionnaires each measure only a single dimension of performance
thinking as entered by the evaluation user. The Performance TQ Drivers results and reports should not, by themselves, be used solely to predict an individual’s job success. These Performance TQ Driver
results refer to general performance thinking as it could apply to various job positions, based solely on a comparison to other top performers of your employer or to participants in a normative base or
in specific or similar positions. You have the sole responsibility to comply with all legal guidelines when using assessments as a pre-hiring evaluation. You acknowledge and agree that the evaluation
process contained within the 10Rule System is only one facet of your evaluation process and is NOT a standalone employment selection tool or recruitment assessment profile. You acknowledge that your
employers top performers may NOT be similar to the ones for which the assessment(s) was normalized and /or validated, and you accept full and sole responsibility for complying with the pre-employment
validation requirements set forth by the Uniform Guidelines on Employee Selection Procedures (available at www.dol.gov) as well as any applicable local, state, or federal regulations.
You further acknowledge and agree that the Company’s services are limited to providing this Site and associated Services and that all decisions in connection with such Services or advice provided are
solely the responsibility of you or the company you represent. You further acknowledge and agree that the Service (including 10Rule Targeted Performance Coaching) is an educational service and it is
provided for you and other employees of your employer, and you acknowledge and agree that the Company’s Services are limited to providing this educational service and that any and all personnel decisions
or actions made in connection with said service are the sole responsibility of you, the employee using the Service or your employer.
12. Copyright. The Company continually invests significant resources to create software, text, and other materials. The majority of these materials are protected under copyright laws of the
United States and of other countries worldwide. To protect its investment, the Company diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct
that violates the Company's copyrights.
You may not: (1) reproduce; (2) adapt; (3) distribute to the public; (4) perform in public; or (5) display in public any of the Company’s copyrighted materials. Any modification of the Company's
copyrighted materials without explicit permission for commercial use is also prohibited. Without written permission from the Company, you may not make any unauthorized reproduction or engage in
distribution of the Company's copyrighted materials, which include, but are not limited to, materials such as books, publications, computer software (including object code and source code),
online curricula, website content, diagrams, photos, testing materials, exams, coaching or training materials, text, images, and graphics published by the Company in any format.
To ensure that you do not infringe on any of the Company's copyrighted materials:
a. Do not directly or indirectly copy, reproduce, or distribute any of the Company's materials (including web pages) or any part of the text or graphics from those materials.
b. Do not directly or indirectly modify or create derivative works of any of the Company's materials.
c. Do not copy, reproduce, or modify source code or object code of any of the Company's products.
d. Do not create an emulator or simulator of a Company product in a manner that is likely to confuse the public about the source of the emulator or simulator.
e. Do not create materials that look as though they originated from or are endorsed by the Company.
f. Do not imitate the color or visual appearance of the Company's materials and/or products.
g. Do not use the Company's icons as graphical design elements in your materials.
h. Do not distribute the Company's work by sale, rental, or other disposition.
To request permission to use the Company's copyrighted material, please use our online Request Tool at Gary@10Rule.com.
by and construed in accordance with the laws of the State of South Carolina, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to
the exclusive jurisdiction of the state and federal courts sitting in the County of Horry in the State of South Carolina, and waives any jurisdictional, venue, or
inconvenient forum objections to such courts. In any action to enforce these Terms Use, the prevailing party will be entitled to costs and attorney’s fees. Captions
full force and effect.
© Copyright 2002-2019 10Rule Inc. All World Rights Reserved.
U.S. Government Restricted Rights – The material on this Site provided in connection with a U.S. Government contract is a “commercial item,” as that term is defined in 48 C.F.R. 2.101. Software
consists of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Services and software are provided to U.S. Government End
Users with only those rights consistent therewith and as set forth in 48 C.F.R. 12.212(a). The Government shall acquire only the technical data and the rights in that data as set forth in 48 C.F.R. 12.211.