TERMS OF SERVICE

OVERVIEW

This website is operated by SimDnA (“Site”). Throughout the Site and this Terms of Service, “we”, “us” and “our” refer to SimDnA. SimDnA offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

 

SECTION 1: DEFINITIONS

As used throughout this Site:

Employer” means a User, and its Agent, offering employment.

Job Seekers” means a User seeking employment.

User” means any person, over the legal age of majority in his, accessing the Site.

 

SECTION 2: GENERAL TERMS

SimDnA offers on this Site a service named TradeCraft. TradeCraft offers multiple features to users, job seekers, and employers. Users and Job Seekers are able to engage with fictional business simulations that are representative of real world businesses. These simulations create the opportunity for Users and Job Seekers to learn, train, and demonstrate data and analytic skills and capabilities. As part of engaging with the simulations, Users and Job Seekers receive feedback to evaluate their data and analytic skills and growth.

Employers are able to setup accounts that give them access to the employer section of the TradeCraft Site. Employer account access allows for the purchase of candidate evaluation tokens, the creation of company profiles, and the skills evaluation of candidates with whom assessment tokens are shared.

Assessment tokens purchased by Employers are given to job candidates or other recipients for the purpose of evaluating data and analytic skills and capabilities. When a Job Seeker or User enters an employer’s assessment token the employer will have access to the evaluation simulation results of the Job Seeker or User. Employers will also have access to the results of simulations completed in the Demonstration section of the TradeCraft site by the Job Seeker or User.

TradeCraft simulations are purely fictional, and the evaluation of job seekers’ skills and talent are purely based on SimDnA’s internal scoring mechanisms.  Employers hire job seekers at their own risk and should conduct their own due diligence in evaluating candidates’ qualifications.

By visiting this Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including those additional terms and policies referenced and/or available by hyperlink. These Terms of Service apply to all Users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Your use of the Site and any service provided on the Site is subject to these Terms and form an agreement between you and SimDnA, its applicable subsidiaries and affiliates.

Any new features or tools added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or implementing changes to our Site without any notice. It is your responsibility to check this page for changes. Your continued use of or access to the Site following posting any changes constitutes acceptance of those changes.

You may access the Site anonymously or establish an account.  To access certain resources and/or services, you will have to provide specific information and to create a user ID and password to create and establish an account.  You agree that the information you provide in connection with establishing an account is accurate. You are responsible for keeping that information current and accurate and the security of all of your usernames, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts.  You agree to notify us immediately of any unauthorized activity regarding any of your accounts or other breach of security.  We may, in our discretion, suspend or terminate any of your usernames and passwords at any time with or without notice.

 

SECTION 3: TRADECRAFT EXPERIENCE SIMULATOR

Employers and Job Seekers

When you create a TradeCraft account, you agree that this Agreement and all of SimDnA’s policies, including SimDnA’s Privacy Policy and Cookie Policy, apply to you.

When you use TradeCraft user and job seeker tools, including but not limited to simulations to learn, train, and/or demonstrate data and analytic skills and capabilities or employer tools, including but not limited to assessment tokens; you acknowledge and agree that SimDnA may make available certain functions allowing you to assess data and analytic skills and capabilities. By using these tools you agree that SimDnA may monitor and analyze these actions.  

To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any SimDnA product, SimDnA reserves the right to suspend or terminate your use of that SimDnA product as well as any other SimDnA product, including but not limited to those SimDnA products where you do not have an unpaid invoice or account balance. SimDnA may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower; (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws; and (iii) any reasonable expenses and attorney fees SimDnA incurs collecting such late payments.

 

SECTION 4: MISCELLANEOUS

Beta Test Products

SimDnA may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will have the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. SimDnA may discontinue or cancel all or part of a beta product or feature at any time without prior notice to you.

ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, MAY CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS.

If you are an Employer and have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by SimDnA in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of SimDnA. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of SimDnA.

Use of Site

You may not use TradeCraft Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. SimDnA reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase TradeCraft services that utilize the Site, you must have a prior written agreement with SimDnA to do so, or have accepted SimDnA online terms of service. Please contact us for more information. We reserve the right (but will have no obligation) to terminate users, and reclaim usernames or URLs.

License to User Content and Feedback

Only to the extent permitted by law, you grant SimDnA a nonexclusive, worldwide, perpetual, (revocable only as described below), paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the TradeCraft website or its publishers, maintaining the TradeCraft website and promoting TradeCraft without restriction. You understand that no compensation in any form shall be due or payable to you in connection with SimDnA’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under law because of, or in connection with, SimDnA’s exercise of these rights, you waive any rights to such compensation.

You grant to SimDnA, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any SimDnA marketing materials containing or incorporating such User Content, or (iii) any actions by SimDnA to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to TradeCraft for association with a particular Job Listing, SimDnA shall not post such content anywhere other than the Employer(s)’s Job Listing.

You represent and warrant that: (i) you own the User Content you submit, post, display, or otherwise provide on or through the Site, or that you may otherwise grant the license in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party.

You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity for such User Content. You agree to defend, indemnify and hold harmless SimDnA and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed below with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow SimDnA to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement you have a good faith belief you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder regarding such User Content. There may be a charge for answering and executing such a request; please contact SimDnA for more details.

At your discretion, you may provide feedback and related materials to SimDnA concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you grant to SimDnA a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that SimDnA may disclose any Feedback to any third party in any manner, and you agree that SimDnA may sublicense any Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place SimDnA under any fiduciary, confidentiality or other obligation, and that we may use such Feedback with no additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, SimDnA waives no rights to use similar or related ideas known to SimDnA, or developed by its employees, or obtained from sources other than you.

Site Rules

You agree not to access (or attempt to access) the Site by any means other than through the interface provided by TradeCraft, unless you have been specifically allowed to do so in a separate, written agreement with SimDnA. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with SimDnA, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose.

You agree that you are solely responsible for (and that SimDnA has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which SimDnA may suffer) of any such breach.

You agree that you shall not transmit to SimDnA or upload to or through the Site (whether as User Content or otherwise) any Harmful Code or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede any data, storage media, program, system, equipment or communication, based on any event, including but not limited to (i) exceeding several copies, (ii) exceeding several users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

Without limiting the foregoing and for example only, users may not:

SimDnA reserves the right to use any User Content (including the content of messages or material sent through or to the Site or TradeCraft) to prevent potentially illegal or tortious activities, or any other activities detrimental to other users. SimDnA reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to SimDnA enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may cause a temporary or permanent suspension or termination of your account, of your access to TradeCraft Job Board, or of your use of any other functions of the Site, with or without notice. SimDnA shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

SimDnA reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. SimDnA further reserves the right to investigate to determine whether you are perpetrating a scam, spamming SimDnA or its users, or otherwise conducting fraudulent activity on SimDnA by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to SimDnA. SimDnA reserves the right to turn over any information gathered via such investigations to the police or other third party if SimDnA has a good faith belief you are using the Site in violation of these terms.

Registration; Contact Information

Some areas of the Site, including areas that may permit you to set up a TradeCraft account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Any individuals with whom you have shared your username and password and who can answer verification questions about your TradeCraft account may receive access to information regarding your TradeCraft account. If you are an Employer, your account is for business use and not for personal use. 

SimDnA is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a TradeCraft account, you agree to receive mandatory email updates regarding anomalous activity to your TradeCraft account. If you attempt to email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email violates our terms.

You agree that SimDnA may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your TradeCraft account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to SimDnA or that SimDnA may otherwise obtain from third-party sources.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Modifications to the Service and Prices.

Prices for our products and billing methods are subject to change without notice and effective immediately upon posting on the Site or by e-mail delivery to you.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services (if applicable)

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” with no warranties, representations or conditions of any kind and with no endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through third-party Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites not affiliated with us. We do not have control over third-party content, policy, terms, or other components and do not assume responsibility for examining or evaluating the content or for accuracy.  We do not endorse, approve, or sponsor any third-party sites, content, advertising, information, materials, products, services, or other items. We disclaim all warranties, implied or express, and will not under any circumstances be liable or responsible for any direct or indirect, incidental or special loses or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright, or other intellectual property rights, caused by the display, distribution or exploitation of any information or content contained within these third-party sites.  Any activity or activities you engage in with third-parties is between you and the third-party. Please review carefully the third-party's policies and practices and understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Disclaimer of Warranties

SimDnA disclaims any responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the TradeCraft search results (including Jobs Listings) or otherwise provided on the Site by SimDnA or third parties (including User Content), regardless of whether paid for or used for free. SimDnA disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by TradeCraft for informational purposes only, including but not limited to, TradeCraft Analytics data, and salary information. You acknowledge you are not paying SimDnA for the information. SimDnA disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content).

SimDnA further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Corsairs Ventures be liable to you or any third party because of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall SimDnA be liable to you or any third party because of your use or misuse of or reliance on any third party site or service you link to from SimDnA Site.

SimDnA further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by SimDnA because of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in the Site or Services. 

Under no circumstances will SimDnA be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. SIMDNA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SIMDNA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. SIMDNA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY CORSAIRS VENTURES. 

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SIMDNA OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF SIMDNA OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SIMDNA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID SIMDNA TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall SimDnA or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Governing Law and Dispute Resolution

If you are a Job Seeker: this Agreement and any dispute relating to this Agreement or related to the Site (“Dispute”) will be governed on all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Maryland United States of America, without giving effect to conflicts of law principles thereof. Any actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts in Baltimore County, Maryland, U.S.A. Each of the Parties consent to the exclusive personal jurisdiction of the federal or state courts in Baltimore County, Maryland, U.S.A.

You also waive any right to a jury trial in any action or litigation arising out of or related to your use of the Site or these terms of service, if you are in the United States. If you are an Employer: this Agreement and any Dispute relating to this Agreement or related to the Site will be governed on all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws the laws of the State of Maryland, U.S.A., without giving effect to conflicts of law principles thereof. Any actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts in Baltimore County, Maryland, U.S.A. Each of the Parties consent to the exclusive personal jurisdiction in Baltimore County, Maryland, U.S.A.

If you are neither a Job Seeker or Employer as defined in this Agreement and are not using the Site as intended by SimDnA, this Agreement will be governed on all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Baltimore County, Maryland, U.S.A.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from SimDnA. If you intend to seek user information from SimDnA LLC., you agree to do so under a valid federal, Maryland or Maryland domesticated request, addressed to and properly served at our registered agent in Maryland at SimDnA, LLC., 208 Oak Valley Drive, Bel Air, MD, 21014. You further agree to submit to the personal jurisdiction of the appropriate Maryland state or federal courts for such discovery proceedings.

Class Action Waiver

By using the Site and in return for the services offered by SimDnA, you acknowledge that SimDnA can only offer you these services under the terms as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue SimDnA as a class plaintiff or class representative, join as a class member, or participate as an adverse party in a class-action lawsuit against SimDnA regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to sue as an individual plaintiff, including in small claims court, subject to the section above captioned Governing Law and Dispute Resolution.”

Severability and Reformation

Each provision of this Agreement is a separately enforceable provision. If any provision is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary for this Agreement to remain in effect under its terms as modified by such reformation. The unenforceability or invalidity of any provision shall affect no other provision, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided.

Payment

You shall be charged if, and as, indicated by the Site. Details regarding the subscription plans are available on the Site. All charges shall be paid in US Dollars. Charges are exclusive of taxes, including VAT. You are responsible for all taxes and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees SimDnA incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE SUBSCRIPTION PLANS. 

Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of SimDnA. You acknowledge and agree that any credit card and related billing and payment information you provide to SimDnA may be shared by SimDnA with companies who work on SimDnA’s behalf, such as payment processors and/or credit agencies, solely to check credit, effecting payment to SimDnA and servicing your account. SimDnA may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. SimDnA shall not be liable for any use or disclosure of such information by such third parties.

All withholding tax remittances to the government are your sole responsibility and SimDnA shall have no liability therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by SimDnA. If you purchase a subscription plan, you acknowledge and agree that SimDnA will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. The billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.

Simulator Assessments—Candidates

To use TradeCraft Experience Simulator as a Candidate you must create a TradeCraft account. Account information you submit through the Site is subject to the SimDnA Terms of Service and to SimDnA Privacy Policy. Employers may use TradeCraft Experience Simulator tool to review candidate skills performance. TradeCraft Experience Simulator assesses data and analytic skills capabilities based on a proprietary evaluation system. It evaluates no Candidate’s qualification for any job. Whether a particular skill relates to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by the Employer.

Engaging and responding with the TradeCraft Experience Simulator does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer.

Simulator Assessments—Employers

You agree that the TradeCraft Experience Simulator only evaluates data and analytic skills. It does not evaluate a Candidate’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by you.

Rules for Using TradeCraft Experience Simulator

Whether you are a Candidate or Employer, you represent and warrant you shall not access or use TradeCraft Experience Simulator Results for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Response directly or indirectly illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You shall not create or send any Response containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise permitted by us in writing).

Employers may not create or send any Responses which seeks highly confidential personal information from Candidates, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country. Candidates may not create or send any Response which contains any such highly confidential personal information.

Whether you are a Candidate or Employer, you understand and agree that SimDnA has no obligation to screen any Response, or to include any Response in the Site, and may exclude or remove any Response from the Site for any or no reason without liability or notice.

SimDnA’s Role

SimDnA does not act as an employment agency by offering data and analytic assessment tools. By using TradeCraft’s assessment tools, you acknowledge and agree that SimDnA is not procuring employees for Employers or procuring opportunities to work for Candidates. SimDnA merely provides a tool enabling Employers and Candidates to evaluate opportunity as they determine. The sole responsibility for the content of any response, any request for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of TradeCraft, is solely with Employers or Candidates.

SimDnA cannot confirm the information submitted by any Employer, Candidate, or other user, including the identity of any user. SimDnA does not inquire into the backgrounds of Candidates or Employers or attempt to verify the statements of Candidates or Employers. You are responsible for conducting any background checks, reference checks, or other due diligence you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer. You are responsible for complying with all laws and regulations relating to the intended employment of any Candidate.

If you are a Candidate, you agree that any rights you have under any employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer. Further, for any skill area in which formal licenses or certifications may exist, Assessments do not act as a substitute for such license or certification and do not speak to whether a Candidate is qualified for or has such a license or certification.

It is the Employer’s sole responsibility to determine what licenses or certifications are required for their job and whether a Candidate has such license or certification. SimDnA also makes no statement as to whether a particular skill is necessary for a job and it is an Employer’s sole responsibility to make such determination (or seek appropriate legal counsel to do so), under the EEOC or other applicable laws. 

SimDnA is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not SimDnA receives a fee from the Employer in connection with the transaction. SimDnA will not be liable for any costs or damages arising out of or related to such transaction.

SimDnA assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the TradeCraft Experience Simulator Assessment tool, and any Assessment or Response.

Confidentiality—Candidates

You agree and acknowledge that the usefulness and value of TradeCraft Experience Simulator Results and Responses depend on their contents being kept confidential. You therefore agree to keep the content of TradeCraft Experience Simulator Results and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about TradeCraft Experience Simulator Results and your Response.

Confidentiality—Employers 

You agree to keep all information gained from using TradeCraft Experience Simulator Results confidential. You agree that (1) you will use any content submitted by Candidates only in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Candidates outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of TradeCraft Experience Simulator from loss, misuse, unauthorized access, disclosure, alteration or destruction.

Personal Information 

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses as determined in our sole discretion.

Indemnification

You agree to indemnify, defend and hold harmless SimDnA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim or demand for losses, expenses, damages and cost, including reasonable attorneys’ fees and experts’ fees, made by any third-party due to or arising out of your breach (or any party who use your account information, with or without permission) of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or any misrepresentations made by you.  These indemnity obligations will survive termination of your relationship with SimDnA or your termination of using the Site or services.  We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Waiver, Entire Agreement

The failure or delay by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision and shall not be construed as a waiver of such provision or right to enforce the same for such occurrence or any future occurrence.

These Terms of Service and any policies or operating rules posted by us on this Site or regarding the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

Assignment

We may assign any of our rights under the Terms, in whole or in part, and we may delegate any of our obligations under the Terms.  You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at email@corsairs.ventures.