TOS

Terms of Use

Effective 1/1/2019

EdITS, LLC (“EdITS,” “we,” “our,” or “us”) operates this website and provides users (“user,” “you,” “your”, or “your child”) with premiere career assessment products and services (“Services”). Please read these Terms of Use carefully because these terms and conditions, together with our Privacy Policy and any other legal agreements we reference (“Agreements”), govern your access to and use of our website and Services.

YOU AGREED TO THESE TERMS OF USE AND TO OUR PRIVACY STATEMENT WHEN YOU CREATED AN ACCOUNT ON OUR WEBSITE AND CLICKED “I AGREE TO THE TERMS AND CONDITIONS FOR THIS SITE.” AND BY CONTINUING TO USE OUR WEBSITE OR SERVICES YOU CONTINUE TO AGREE TO THEM.

If you do not want to agree to these Agreements, your only option is not to access or use our website, our Services, or close your account.

Our Website

Our website is a platform to provide you and/or your child with career assessment and educational tools to increase self-awareness, promote educational opportunities, and to provide a strong foundation for personal and professional growth. Our Services vary and are designed for users from young school-age children to adults and professionals. Through our website you can purchase any of our Services and access our web-based assessment products, such as our COPSystem web-based assessments.

Accessing the Website and Account Security

To access our website and use some of our Services, you must create an account. To create an account, you must provide certain registration details and other information. As a condition of your ability to use our website, you must provide us with accurate, current, and complete information. You will also be required to create a password.

The way we handle your information is governed by our Privacy Statement.

The way you handle your or your child’s information is governed by these Terms of Use, and you are required to keep your username, password, and other information secure and confidential. You must not disclose that information to others or permit anyone else to use or access your account using your username or password. You must log out of your account at the end of each session. And you should be cautious about accessing your account from a public or shared internet connection so that others are not able to view or record your password or other information. In this way, we can better maintain security over your account and our website.

We have the right to disable any username, password, or other credentials at any time if, in our opinion, you have violated any provision of these Terms of Use, or we encounter other suspicious activity that threatens our website’s or users’ security.

Information Ownership

This website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, collectively the “Content”), are owned by EdITS, its licensors, or other providers of such material, and are protected by United States Copyright Law, international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and should therefore be seen as the proprietary intellectual property of EdITS. Any reproduction, distribution, modification, creation of derivative works of, public display, public performance, republication, download, storage or transmission any of the material on our website without the written permission of EdITS is strictly prohibited and is a violation of these Terms of Use.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: customerservice@edits.net.

Information about You and Your Visits to the Website

All information we collect on this website is subject to our Privacy Statement. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

Communications with Us

When you communicate with us, including via email, we cannot guarantee those communications will remain confidential. When you send us any communications, you acknowledge the originality of any submission communicated to us and accept entire responsibility for its accuracy, appropriateness, and legality (including that it is in compliance with any federal or state intellectual property statutes, regulations, and common law rules). If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

Online Purchases

All purchases through our website or other transactions for our Services made through the website are as a result of visits made by you.

Links to Other Sites

From time to time, the EdITS website may provide links to other websites, not owned or controlled by EdITS, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites. Links to such other websites do not constitute or imply our endorsement of these websites, any products or services described on these sites, or of any other material contained in them.

Geographic Restrictions

We are based in the State of California in the United States. We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.

Prohibited Uses

You may use the website and our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our Agreements
  • To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter," or "spam" or any other similar solicitation
  • To impersonate or attempt to impersonate EdITS, one of our employees, another user, or any other person or entity (including, without limitation, by using their email addresses or usernames)
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website or our Services, or which, as determined by us, may harm us or our users, or expose them to liability

Additionally, you agree not to:

  • Use the website in any way that could disable, overburden, damage, or impair the site or interfere with anyone’s use of the website or our Services
  • Use any robot, spider, or any other automatic device, process, or means to access the website or our Services for any purpose, including monitoring or copying any material
  • Use any manual process to monitor or copy any of the material from the website or our Services for any other unauthorized purpose without our prior written and specific consent
  • Use any device, software, or routine that interferes with the proper working of the website or our Services
  • Introduce any viruses, trojan horses, worms, logic bombs, or other code which is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website or our Services, the server on which we store that information, or any server, computer or database connected to the website
  • Attack the website via a denial-of-service attack or a distributed denial-of-service attack
  • Otherwise attempt to interfere with the proper working of the Website

Disclaimer of Warranties

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. EdITS has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EDITS NOR ANY PERSON ASSOCIATED WITH EDITS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EDITS NOR ANYONE ASSOCIATED WITH EDITS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EDITS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability

IN NO EVENT WILL EDITS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OUR SERVICES, OR ANY OTHER CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless EdITS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the website or our Services.

Governing Law and Jurisdiction

All matters relating to the website, our Services, and these Terms of Use, as well as any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to these Terms of Use, the Website, or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Diego, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in any appropriate jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability

No waiver of by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website and our Services thereafter. Your continued use of the website or our Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Our Contact Information

We encourage you to reach out at any point with questions, comments, or concerns about our Privacy Statement or your Personal Information. Our website, www.edits.net, is operated by Educational and Industrial Testing Service (“EdITS”). You can contact us at our:

Mailing Address: P.O. Box 7234, San Diego, CA 92167
Email Address: customerservice@edits.net
Phone Number: (800) 416-1666 (toll free)