TERMS OF USE

1.   Acceptance

It is important that you read all the following terms and conditions  (“Terms and Conditions” or “Agreement”) carefully. CASPer® is a service of Altus Assessments Inc. (“Altus”).  These Terms and Conditions constitute a legal agreement between you (the user of this website or “you”) and Altus in respect of your use of this website, Altus’ online services, and access to portals available through the website takecasper.com and related subdomains (collectively, the “Site”). This document states the terms and conditions under which you may access and use the Site and all written and other materials displayed or made available through the Site, including, without limitation, the CASPer examination offered on this website (the “CASPer Examination”), articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Site Content”). By visiting this Site, you accept these Terms and Conditions and the terms and conditions of Altus’ Privacy Policy which are incorporated herein by reference, and agree to be bound by them.  If you do not agree to these terms, then please do not use this Site. Altus reserves the right to change or amend these Terms and Conditions or Privacy Policy at any time and to notify you by posting an updated version of the Terms and Conditions or the Privacy Policy on this Site. The amended Terms and Conditions or Privacy Policy, as the case may be, shall be effective immediately upon posting.  Your continued use of the Site shall constitute your acceptance of any revisions to the Terms and Conditions and/or Privacy Policy.

2.   Personal Information

As further described in our Privacy Policy, by using this Site, you allow us collect and use your personal information (including without limitation your name, date of birth, address, phone number, government issued identification , audio recording, video and/or photo images, and application identifiers) (“Personal Information”) in order to, without limitation: (i) validate your identity; (ii) determine your eligibility for Altus’ online services and your eligibility to take the CASPer Examination; (iii) verify your identification with any relevant centralized application service; (iv) identify you properly to the colleges, universities or other educational facilities (or their designees or agents) which you have selected on the Site for Altus to sent your CASPer Examination results to (collectively, the “Academic Programs”); (v) communicate with you regarding your account, test reservation and test results (vi) ensure that your Personal Information and Examination Data (as defined below), is correctly shared with the selected Academic Programs; (vii) manage the relationship between you, Altus and the Academic Programs.

You understand and agree that we may request access to your webcam and/or microphone during the account creation, registration, and test process to collect information to verify your identity and proctor the test.  You hereby assert that such information is accurate and can be used to confirm your identity before, during and after the CASPer Examination.

Furthermore, by using this Site, paying for and taking the CASPer Examination, you allow us to share your Personal Information, as well as your CASPer Examination answers and/or score (your answers, scores, and any rater or applicant support concerns are referred to herein as  “Examination Data”) with; (i) individuals or organizations that perform services on behalf of Altus, including persons involved in verifying the identity of users, those involved in scoring the CASPer Examinations, and those involved in maintaining, reviewing and developing Altus’ systems, procedures and infrastructure (including testing and/or upgrading our computer systems); and (ii) the Academic Programs.  Notwithstanding the foregoing and for sake of clarity, please note that only your Examination Data, and not your Personal Information, will be shared with individuals involved in scoring the CASPer Examination.

Altus’ use and disclosure of your Personal Information and Examination Data is limited to the purposes described in this policy and Altus does not otherwise sell, trade, barter, exchange or disclose for consideration any such information.

3.   Registration

Altus may issue to you a token to create an account, username (a “Username”) and password (a “Password”) to permit you to access Altus’ online services, or any other portal access portion of the Site (each an “Account”). You are responsible for maintaining the confidentiality of the password you use in association with your Account and are responsible for all activities that occur under your Username and Password. You agree to notify Altus immediately of any unauthorized use of your Username, Password or Account or any other breach of security. You further agree to log out and exit from your Account at the end of each session. Altus will not be liable for any loss or damage arising from your failure to protect your Password or Account information.

Altus reserves the right to store information on your computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect your user preferences. The Altus Privacy Policy provides additional information regarding Altus’ use of cookies.

When you register an Account with the Site, you agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form, and (ii) to maintain and promptly update such information to ensure it remains true, accurate, current and complete. If Altus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Altus has the right to suspend or terminate your access to all or part of the Site, and refrain from sending your Examination Data to the Academic Programs, without further liability to you.

4.   Use of Information

You understand and agree that Altus may compile information related to your use of the Site, including but not limited to your Examination Data, and, either alone or in collaboration with third parties, use such information for purposes of research, marketing or otherwise, provided, however, that such information shall be anonymized.  You further understand and agree that these activities may include combining your anonymized Personal Information with third party data, including but not limited to demographic data collected by Academic Programs.  For sake of clarity, all Examination Data and Personal Data used for purposes of research, marketing or otherwise will be used on a non-personally identifiable basis.

5.   Fees and Payments

All CASPer Examination fees paid to Altus are non-refundable, and only valid for the then-current application cycle.

Altus services are available at the price points advertised on the Site. Altus reserves the right to change the pricing at any time.

For all web-based purchases, all payments must be made by means of a valid credit card.  Altus accepts major credit cards including, Visa and MasterCard. Please be sure to provide the exact e-mail address, telephone number and the billing address your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. If your credit card transaction is approved, and completed through our payment system, and is subsequently rejected by you or a financial institution involved in the payment process (a “Chargeback”), you will be charged a $50.00 Chargeback fee in the currency of your test booking to cover bank charges and associated administrative work.

Payments must be made in full before you can take the CASPer Examination.  Accounts with payable balances will prevent your results from being sent to Academic Programs you select.   Furthermore, if any amounts are due on your account, you will not be allowed access to take any further CASPer Examination until your account is brought up to date.

6.   CASPer Examination and Monitoring

Subject to approval of special accommodations (as set forth below), the person registering for the use of this Site must be one and the same as the person taking the CASPer Examination; you may not allow anyone to take the CASPer Examination in your stead, nor are you allowed to get assistance from a third party in taking the CASPer Examination.

You can only reschedule the CASPer Examination prior to having started the on-line examination process; once you have started taking the CASPer Examination or initiated a session, you can not stop and complete at a later time.

You understand and agree that Altus may, at any time and from time to time, during your CASPer Examination session, remotely monitor your access to the service to ensure compliance with the terms hereof. Such monitoring and may include keystroke, audio and visual proctoring, including the use of webcam and computer microphone.  Access to the devices are mandatory and lack of required device (including, but not limited to webcam and microphone) and/or denial of access to the device shall constitute grounds to deny you access to the CASPer Examination. Said remote monitoring shall be conducted in a manner that does not unreasonably interfere with your taking of the CASPer Examination. In the event that the remote monitoring reveals any non-compliance with the terms of this Agreement, Altus may in it’s sole discretion, any without any liability to you, stop your CASPer Examination, cancel your reservation, and/or refrain from distributing the results of your CASPer Examination to the Academic Programs. Furthermore, in the event that Altus, in its reasonable discretion, believes that you are taking a CASPer Examination for the purpose of scraping content, disclosing any CASPer Examination content publicly or privately, otherwise cheating on, or giving others an unfair advantage on the CASPer Examination, Altus may block your use of the Site and/or the CASPer Examination and/or refrain from distributing the results of your CASPer Examination without further liability to you.

Additional information about the CASPer Examination and its format may be found at  https://takecasper.com/aboutcasper/.

Your CASPer Examination results, will be sent directly to the Academic Programs.  Scorers of the CASPer Examination may from time to time flag certain inappropriate or unusual responses as “Red Flags”.  Altus may at its sole discretion send such Red Flags to the Academic Programs.  Altus may also, at its sole discretion share other information collected through your use of the Site, such as communications with applicant support, concerns about your identity etc., with the Academic Programs.

You understand and agree that since as details of the CASPer Examination is confidential intellectual property and trade secret of Altus, Altus and the Academic Program may not share your CASPer Examination results or Examination Data with you directly.

7.   Special Accommodations

For applicants requiring special accommodation, a formal request and supporting documentation must be provided at least three (3) weeks in advance of the applicant taking the test, in order to allow sufficient time for document review and a decision on appropriate accommodation.  The formal request and supportive documentation must be sent via email to support@takecasper.com and should include your CASPer account ID and other personal identifiers (AAMC number, OMSAS number, etc.).

All documents submitted are strictly confidential and will only be used to determine accommodation decisions. Your accommodation status will not be shared with the Academic Program you have applied for, or anyone evaluating your test.

8.   Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Site and the Site Content for your personal, non-commercial use. You may not copy and/or re-post items comprising the Site Content online, or otherwise. You must abide by any additional requirements governing the use of any specific Site Content that may be set out in the Site. In the event of a conflict between the terms of a license governing specific Site Content and this Agreement, the terms of the specific license shall govern.

9.   Prohibited Use

Without limiting the generality of any other terms contained in this Agreement, you can not use the Site or Site Contents for any purpose that is unlawful or prohibited by this Agreement. Furthermore, you cannot engage in any activities that could damage, disable, or impair any Altus server or interfere with any other party’s use of the Site or Site Contents. You cannot attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any Altus service or any Site Contents. You cannot collect content or information or otherwise access our Site using automated means (such as harvesting bots, robots, spiders, or scrapers).

10. Trademarks

Certain words, phrases, names, designs or logos used on the Site may be protected as trademarks, service marks or trade names of Altus or other entities. Without limiting the foregoing, CASPer is a trademark of Altus. Nothing contained on this Site should be construed as granting any license or right to use any trademark, logo, or design displayed on this Site without the express written permission of Altus or its licensors.

11. Copyright and Confidentiality

The Site Content is protected by copyright law and is owned by Altus and its licensors. Except as granted in the limited license herein, any use of the Site Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Site or of the Site Content, whether in whole or in part, is prohibited without the express prior written consent of Altus.  Without limiting the generality of the foregoing, you understand and agree that the CASPer Examination and other information on the Site are proprietary, and constitute confidential intellectual property and trade secrets of Altus, and you may not share, convey or otherwise disclose the details or contents of the CASPer Examination to any third party publicly or privately.

12. Linking

The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Altus of any third-party website or the contents thereof. Unless expressly stated, Altus does not operate any third-party website linked to the Site and is not responsible for the content of any third-party website, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

While Altus encourages links to the Site, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Altus, or (ii) any website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Altus reserves the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon the request of Altus.

13. Communication with Academic Programs

This Site may allow you to communicate with Altus and the Academic Programs by email or by some other electronic means.  Communications sent by you to Altus or the Academic Programs, or to you by Altus or the Academic Programs via email or this Site may not be secure and may be accessible by third parties. Any collection, use, or disclosure of Personal Information provided by you shall be in accordance with these Terms and Conditions and our Privacy Policy.

14. Security

Altus takes reasonable measures to secure communications from and with this Site. However, information sent or received over the Internet can be compromised despite such measures. Altus cannot guarantee the security or confidentiality of any communication to or from the Site.

15. Modification to Site

Altus reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. Altus shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Site or any part thereof.

16. Exclusion of Warranties

WHILE ALTUS MAKES EVERY EFFORT TO MAINTAIN ACCURATE AND UP TO DATE INFORMATION ON THE SITE, NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE CONTENT OR SERVICES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE. THIS SITE, AND THE SITE CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED, EXCEPT AS OTHERWISE SET OUT IN WRITING, “AS IS” AND “AS AVAILABLE”. ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE DISCLAIMED. THE SITE CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON THIS SITE MAY BE CHANGED WITHOUT NOTICE. NO REPRESENTATION OR WARRANTY IS GIVEN THAT ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE WILL BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE, OR THAT THIS SITE OR THE SITE CONTENT OR PRODUCTS OR SERVICES AVAILABLE HEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE OR ANY PORTION THEREOF MAY BE UNAVAILABLE AT ANY TIME.

17. Limitation of Liability

ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ALTUS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ALTUS HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NOT EVEN WILL ALTUS’ TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID TO ALTUS OR $100, WHICHEVER IS LESS.

ALTUS ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USER, INCLUDING ACADEMIC PROGRAMS, OF THE SITE, OR ANY ADVERTISER OR SPONSOR OF THE SITE (COLLECTIVELY, “THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL ALTUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY, AND (II) ANY ACCESS, USE, RELIANCE UPON OR INABILITY TO USE ANY MATERIALS, CONTENT, GOODS OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE SITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ALTUS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

18. Indemnity

You agree to indemnify Altus and each of its respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these Terms and Conditions; (b) the use of your Account; (c) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (d) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (e) your violation of any law or regulation.

19. Notice

Questions or comments regarding the Site should be directed by email to support@takecasper.com.  Notice provided by Altus to you may be sent via email to the address provided during the registration process.

20. Termination

Altus may terminate your right to use the Site and refrain from sharing your Examination Data with the Academic Programs should you breach (as determined by Altus in its sole discretion) these Terms and Conditions. If your breach is capable of being cured, Altus may, in its sole discretion, give you up to thirty (30) days to cure the breach before terminating use.

21. Language

It is agreed the English version of these terms of use constitute the official version. A French version of this Site and these terms will be made available. In the event that there are any inconsistencies between the English, French and other versions of the Site, the English version of the Site will prevail.

22. General

As first stated above, these Terms and Conditions constitute a written agreement between you and Altus. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.  Furthermore, these terms and conditions of use shall be governed by the laws in force in the Province of Ontario, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Ontario. The parties hereto are independent contractors. These terms and conditions of use are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any written agreement with Altus that expressly references this Agreement, this is the entire agreement between you and Altus relating to the matters contained herein and shall not be modified except by Altus, upon posting of updated terms on this Site. Altus may, at any time, in its discretion, assign this Agreement to a third party. Any consent by Altus to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.  You and Altus agree that any cause of action arising out of or related to your use of this Site must commence within one (1) year after the cause of action arose or be forever barred.  You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. It is Altus’ policy to respect the privacy of our users.  Please click on the “Privacy Policy” hypertext link located at the bottom of our web pages to view our policy.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.