Terms and Conditions

Terms and conditions of use of this web site (“agreement”)
These terms and conditions constitute an agreement between you and Chally Assessment, LLC. d/b/a Chally and its affiliates (collectively called “Chally”) regarding the use of this web site (this “Site”). Any other separate agreement(s) you or your affiliates may have with Chally are not affected by this agreement, regardless of the relative timing thereof.

By accessing this Site, you agree to be bound by these terms and conditions and as amended by Chally from time to time. Chally may directly provide you various services and/or information via this Site (“Services”). In addition, Chally may offer you additional related information and services via links to other Internet sites or third-party providers (“Links”). Chally may or may not have compensated some or all of those third-party providers for their services and may or may not have entered into contractual agreements with them. Chally disclaims any ownership interest in or responsibility for Links.

Any products, services, or information from this Site are to be used at your own risk, with no obligations, warrantees, or liabilities of any type by Chally. You expressly agree that Chally will not be responsible for any loss, damage or expense, including any harm to any equipment, web browser, operating system, or other devise utilized. Any exceptions to this general disclaimer must be outlined within a separate written document duly executed by Chally to be enforceable against it. You acknowledge that Chally has not provided you with any right, title or interest in or to any of the information contained in this Site except as expressly provided herein.

All logos, service marks, trade names and trademarks contained within this Site are the sole property of Chally except as otherwise noted. You are prohibited from using any of the foregoing without our prior written consent. This Site may contain such logos and trademarks of third parties, in which case you are also prohibited from using those marks without the third party’s consent.

The content of this Site is protected by copyright law. You are prohibited from displaying, distributing, publishing, selling, transmitting, licensing, creating derivative works or using any content that is contained within this Site for any purpose whatsoever.

Chally will only utilize information provided by you for lawful business purposes. You acknowledge and agree that by providing Chally with any personal or proprietary information via this Site you are certifying that you have the full and legal right to provide such information (if provided with respect to another person or entity) and that Chally has the right to use, collect, and retain such information for any legitimate business purpose.

Messages sent via electronic mail may be intercepted by third parties and are not protected by us in any way, including messages sent in response to this Site. Personal e-mail should not be used to communicate sensitive or confidential information. Chally hereby disclaims any warrantees, endorsements or representations, express or implied, related to the efficacy or protection capability of information supplied to or obtained from this Site.

YOU AGREE THAT CHALLY AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THIS SITE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CHALLY AND ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.

SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, CHALLY’S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $1.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.