Posted/Revised: January 17, 2022
The following rules in this Acceptable Use Policy (“AUP”) apply to your use of the web-based subscription applications and services for employment testing and assessments, and on demand video interviewing (the “Services”) provided by Criteria Corp, a California corporation, and its affiliate entity- Criteria Australia Pty Ltd (“Criteria AU”), an Australian corporation (ABN 58 089 022 202) (collectively, “We” or “Company”).
Violating applicable laws and the security of the Services is prohibited and may result in criminal and/or civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
Without limiting the foregoing, you must not do (and agree not to do) any of the following:
- Discriminate on any basis forbidden by applicable law. You must use only job-related selection techniques in hiring assisted by the Service.
- Mislead anyone about the terms of employment or other commercial matters.
- Issue fraudulent offers of employment
- Violate any applicable law or legal requirement.
- Engage in fraud or misuse of the Services.
- Engage in conduct that is harmful or harassing to anybody.
- Contact any person who has requested no further contact.
- Use ethnic or religious slurs against any person or group.
- Transmit material harmful to children
- Send bulk unsolicited e-mails ("Spam") or sell or market any product or service advertised by or connected with Spam.
- Facilitate or cooperate in the dissemination of Spam in any way.
- Violate the CAN-Spam Act of 2003.
- Post, upload, publish, submit, or transmit any content that:
- Infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
- Is fraudulent, false, misleading, or deceptive;
- Is defamatory, obscene, pornographic, vulgar, or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person;
- Promotes illegal or harmful activities or substances;
- Constitutes spam, or competes with our business;
- Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Services.
- Attempt to scrape or collect any personal or private information from the Services or from other users of the Services.
- Resell the Services, in whole or in part, or any content residing or displayed within or through the Services, unless it has clearly identified itself as reseller and has Company's prior written consent to sell the Service on to third parties.
- Intercept, monitor, damage, or modify any communication not intended for you.
- Otherwise impersonate or misrepresent your affiliation with any person or entity.
- Alter the way that an aspect of a site or Service we provide is displayed or delivered to other users.
- Access, tamper with, or use non-public areas of a Site we provide, our computer systems, or the technical delivery systems of us or our providers.
- Attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Services.
- Access the Services if we have requested that you refrain from such access.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
- Assist or permit anybody to violate this Policy.
We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason.
Reporting Unacceptable Use
Criteria requests that anyone with information about a violation of this AUP report it via an e-mail to the following address:
- Subject: AUP Violations.
Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.
Violation of this AUP may lead to suspension or termination of your account or legal action. In addition, you may be required to pay for the costs of investigation and remedial action related to AUP violations. Criteria reserves the right to take any other remedial action it sees fit, including but not limited to notifying appropriate law enforcement authorities.
This AUP is governed by and construed under the laws of the State of California without regard to its conflict of laws principles. The federal courts within the state of California and state courts in California, have exclusive jurisdiction over and venue of any suit that relates to this AUP. You are responsible for ensuring that your conduct is at all times in compliance with all applicable laws, rules, and regulations.
Failure by Company to insist upon or enforce strict performance of any provision of this AUP will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this AUP. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this AUP is found to be unenforceable or invalid, this AUP’s unaffected provisions will remain in effect.
Revision of AUP
Criteria may revise this AUP at any time by posting a new version on this page.