BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE DISCLAIMERS, LIMITATIONS AND RESTRICTIONS DESCRIBED HEREIN BEFORE USING THE ASSESSMENT SERVICES, REPORTS, PRODUCTS, PSYCHOMETRIC TOOLS OR THE COMPANY SYSTEMS OR WEBSITE. BY USING THE ASSESSMENT SERVICES, REPORTS, PRODUCTS, PSYCHOMETRIC TOOLS OR COMPANY SYSTEMS OR WEBSITE, BY CLICKING THE "I ACCEPT" BUTTON ON THE COMPANY SYSTEM, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE ASSESSMENT SERVICES, REPORTS, PRODUCTS, PSYCHOMETRIC TOOLS OR COMPANY SYSTEMS OR WEBSITE, YOU INDICATE, ON BELHALF OF THE CLIENT OR POTENTIAL CLIENT AND ITS AFFILIATES (“YOU” OR “YOUR”) OF METTL OR ITS AFFILIATES (“WE,” ‘US,” OR “OUR”), YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS DISCLAIMER. IF YOU DO NOT AGREE WITH THE TERMS OF THIS DISCLAIMER, PLEASE DO NOT USE THE ASSESSEMENT SERVICES, REPORTS, PRODUCTS, PSYCHOMETRIC TOOLS OR COMPANY SYSTEMS AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, COMPANY SYSTEMS OR WEBSITE.
We expressly disclaim and accept no liability for any loss arising from the use of the assessment services, reports, products, psychometric tools (including any reliance on the predictive validity of any psychometric tool used in connection with any assessment) or the use of our systems or website, any action taken or refrained from, and all business decisions taken as a result of or reliance upon anything, including, without limitation, information or advice, contained in the output of any assessment or any reports or sources of information used or referred to therein, or for actual results or future events. We are not responsible for (1) your selection of assessments, (2) your use or reliance on, or interpretation and application of, any assessment, product, psychometric tool or output and/or (3) your decisions based on any assessment, product, psychometric tool or output. Any risks related to the foregoing and the results of any such decisions shall be solely your responsibility. Without limiting the foregoing, the output of the assessment services must not be relied upon as statements of fact or as the sole basis for any employment related decisions.
WE PROVIDE THE SERVICES, REPORTS, PRODUCTS, PSYCHOMETRIC TOOLS, SYSTEMS AND WEBSITE “AS IS” AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, GUARANTEE OR ASSURANCE THAT, WITH RESPECT TO USING THE PROVIDED SERVICES, REPORTS, PRODUCTS, PSYCHOMETRIC TOOLS, SYSTEMS AND WEBSITE: (1) YOU WILL REALIZE ANY PARTICULAR OR EXPECTED RESULTS, (2) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (3) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (4) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY PROVIDED CONTENT WILL BE ACCURATE OR RELIABLE; (5) THE QUALITY OF ANY PROVIDED CONTENT PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS; OR (6) ANY SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, TECHNICAL INACCURACIES, VIRUSES OR OTHER HARMFUL CODE.
THIS DISCLAIMER APPLIES TO ANY AND ALL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE, OR ANY DAMAGES FOR LOSS OF PROFITS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN ANY ACTION IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION.
Exclusions and Limitations
OUR LIABILITY IN ANY JURISDICTION THAT DOES NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND THE TERMS OF THIS DISCLAIMER WILL BE INTERPRETED TO LIMIT OUR LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.