The testing service is provided to you by The Employee Testing Center, LLC, 1931 Cobblestone Way, Clearwater, FL 33760 ("ETC"). ETC is licensed by MasterTech Computer Products International, Inc., 1212 Court Street, Suite A, Clearwater FL 33756 ("MASTERTECH" or "licensor") to provide the online version of the Personnel Potential Analysis Testing System to its clients ("You") or through affiliated companies to their clients ("You") as a testing service ("testing service").
As a condition of using The Employee Testing Center's testing service, you agree to comply with all laws and regulations of your respective jurisdiction(s) applicable to employment screening, testing, hiring, management, and administration. This includes, but is not limited to: (i) your allowing any test taker - and notifying such person in advance that he or she has the right - to decline to answer on the grounds of personal privacy any question posed to him or her on the tests given and (ii) your refraining from utilizing such action by a test taker adversely in any screening, hiring, management, or administrative decision.
Included in your testing instructions are two attachments, A and B.
Attachment "A" gives a sample text for a job description form which relates job-related traits, attributes, and skills to the tests that we provide to you. You agree to implement such job descriptions in compliance with applicable law in conjunction with employment screening, testing, hiring, managerial and administrative processes utilizing our testing service.
You understand and confirm that any test score obtained from the testing service cannot predict the future success or failure of an individual as an employee.
You also agree to perform a full interview and background research process to the extent allowed by applicable law in addition to testing your applicants and employees for employment or advancement utilizing the testing service.
You agree to obtain advance written acknowledgment, agreement, and/or consent as appropriate for its applicable jurisdiction(s) (written consent) from each person to be tested utilizing the testing service and that such written consent shall (i) accurately confirm that the administration of such testing and any other hiring process is to enable you to determine whether the person possesses the skills and other personal qualities necessary to qualify for the position at issue and (ii) release STAN DUBIN, The Employee Testing Center, MASTERTECH, MASTERTECH officers, stock holders, employees, representatives, agents, licensees, licensors, subsidiaries, parent corporations, associated testing services and any and all other related individuals, corporations, partnerships and organizations from any and all claims, demands, suits and/or liabilities - including but not limited to claims based on any rights of privacy - arising from or in any way related to such testing and interview processes. Attachment "B" gives a sample text of a waiver. You agree to implement such a waiver in compliance with applicable law in conjunction with with your screening, testing, hiring, managerial and administrative processes utilizing the testing service.
The sample job description form, release and waiver (Attachments A and B) are included as part of the online portion of the testing service and must be agreed to by electronic attestation in advance by each person to be tested using the testing service.
In the event any claim arising in whole or in part from your use of the testing service and/or from the use by any third party of all or any portion of the testing service obtained from you is threatened and/or brought against The Employee Testing Center, STAN DUBIN, MASTERTECH, and/or any of their respective employees, officers, directors, owners, members, shareholders, principals, agents, licensors, licensees, parent corporations, subsidiaries, and/or affiliates (MASTERTECH party(ies)), you agree to indemnify any such MASTERTECH or Employee Testing Center or STAN DUBIN party or parties for all attorney fees, any and all other costs and expenses of defense, and all liability incurred by such party or parties in connection with such claim.