1. Scope and Acceptance of Terms. The following terms and conditions (these “Terms”) are a binding agreement between you and Blind Data LLC, a Delaware limited liability company (“we” or “us”), and govern your access to and use of the www.blinddata.com website, its associated platform, content, features and applications (collectively, the “Website”), including any online, in-person or other challenge or examination, any related activities (such as follow-up examinations, interviews, etc.) and their results, whether conducted online through the Website, in-person or otherwise (the “Exam”), and any information submitted or received by you in connection with such access. Please read these Terms carefully before continuing to access or use the Website. By accessing or using the Website, including by participating in the Exam, you accept and agree to be bound and abide by these Terms. If you do not agree to be bound and abide by these Terms, you may not continue to access the Website or participate in the Exam.
  2. Age Requirements. The Website is not intended for use by anyone under 18 years of age, and no one under 18 years of age may provide any information on the Website. If you are under 18 years of age, you may not access, use or provide any information on the Website or provide any information about yourself to us.
  3. Website Access. As consideration for your agreement to be bound by these Terms, and conditioned on your continued compliance with these Terms, we grant you a limited, revocable, non-transferrable license to access and use the Website strictly for your personal, non-commercial use for the purposes described on the Website and in accordance with these Terms. The foregoing grant of license does not transfer any title or other ownership in the Website. The Website (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) is owned by us, our licensors or other providers of such material and is protected by United States and international intellectual property or proprietary rights laws, and all rights not expressly granted by the foregoing license are reserved by us. We reserve the right to revoke the license granted in this paragraph, or withdraw or amend the Website, or any part of the Website, at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
  4. Restrictions on Use. You agree that you will not, directly or indirectly, (i) use the Website in violation of any law, regulation or rule, (ii) use the Website beyond the scope of the license granted in paragraph 3, including for any commercial purpose, (iii) copy, mirror or otherwise reproduce the Website in whole or in part, or modify, translate, adapt or otherwise create derivative works or improvements of the Website or any part thereof, (iv) misrepresent any scores or other evaluation reported to you through the Website, (v) reverse engineer, disassemble, decompile, decode or otherwise attempt to gain access to the source code of the Website or any part thereof, (vi) license, sublicense, rent, lease, lend, sell, assign, distribute, publish or transfer the Website or otherwise make the Website available to any other person, other than by the sharing, publishing or publicizing a web address containing the blinddata.com domain name and making otherwise appropriate attribution to the Website in connection therewith, (vii) use the Website to harass, bully or impersonate any person, (viii) submit any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable content through the Website, including your username, (ix) use the Website in a manner that infringes, misappropriates or otherwise violates any copyright, trademark, patent, trade secret or other proprietary right of any person, (x) use the Website for purposes of competitive analysis, the development of a competing website or service or any other purpose that is to our commercial disadvantage, (xi) attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is hosted or any server, computer or database connected to the Website, (xii) access the Website through any robot, spider or other automatic device, process or means or (xiii) access or use the Website in in any manner that could harm, infect, take over, disable, overburden or otherwise impair the Website or any of our or any other person’s software, information or computer systems, including for use as an unauthorized electronic mail relay.
  5. Account Security. Access to certain features of the Website, including the Exam, may be restricted only to users who register for an account by submitting certain information to us. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register for an account on the Website or otherwise, including but not limited to through participation in the Exam or the use of any other interactive features on the Website, is governed by our Privacy Policy located at blinddata.com/privacy, and you consent to all actions we take with respect to such information that is consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other information for use in authentication of your identity as part of our security procedures (“Security Information”), you agree to treat such Security Information as confidential, not disclose it to any other person and use a reasonable degree of care in preventing others from discovering it. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website using your Security Information. You agree to notify us immediately of any unauthorized access to or use of your Security Information or any other breach of security of your user account. We have the right to disable your user account in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
  6. Exam Rules. If you participate in the Exam, you agree not to (i) provide any false information during or in connection with the Exam (including the registration process), (ii) photograph, copy or otherwise retain any of the Exam content in any form, (iii) collaborate or share information with or use information from any other person related to the Exam content, (iv) use any devices, third-party assistance, sources or reference materials (other than the Website and computer devices necessary to access the Exam) during your participation in the Exam, (v) tamper or interfere with administration or monitoring of the Exam or with the ability of other contestants to participate in the Exam (including by harassing or threatening behavior) or (vi) violate any published Exam rules or otherwise attempt to cheat, circumvent, undermine or manipulate the results, rules, operation, testing mechanisms or contemplated processes of the Exam. We reserve the right to disqualify your Exam results for any actual or reasonably suspected violation of the rules provided in this paragraph or of any other of these Terms. You may not participate in the Exam where prohibited by applicable law.
  7. Intellectual Property. By participating in the Exam, you (i) represent and warrant to us that all answers and other responses, including any submitted code, submitted in connection with the Exam questions and problems are your own personal work and do not infringe, misappropriate or otherwise violate the intellectual property or other proprietary rights of any person, and (ii) grant to us a perpetual, irrevocable, fully-paid, royalty-free, non-exclusive license (with right to sub-license) to use all such answers and responses for any purpose, including but not limited to preparing derivative works of, distributing, publicly performing or displaying and using such answers and responses for any commercial or other purpose. Use of such answers and responses in accordance with the foregoing license will not be restricted by or otherwise subject to our Privacy Policy.
  8. Confidentiality. As used in these Terms, “Confidential Information” means the Exam questions, problems, solutions, structure, processes, rules, design and any other information that is not accessible to the general public except by registering for and participating in the Exam, whether conducted online through the Website, in-person or otherwise. You agree to maintain the confidentiality of all Confidential Information, not disclose it to any other person and use a reasonable degree of care in preventing others from discovering it. You may not photograph, copy or otherwise retain any Confidential Information or use any Confidential Information except in connection with your participation in the Exam, and then only in strict accordance with these Terms and other published Exam rules. The obligations in this paragraph shall survive indefinitely any termination of these Terms. You acknowledge and agree that any violation of the obligations in this paragraph will cause injury to us for which money damages would be an inadequate remedy and that, in addition to remedies at law, we are entitled to injunctive or other equitable relief as a remedy for any such violation.
  9. Disclaimers. The Website is provided to you “as is,” “as available” and with all faults and defects. Nothing in these Terms is intended to be any warranty by us relating to the Website, and we disclaim all warranties, express or implied, by contract, statute or otherwise, in any way related to the Website, including warranties of merchantability, fitness for a particular purpose, non-infringement, completeness, reliability, quality, accuracy or availability and warranties implied by course of use, conduct, dealing or trade. Any reliance you place on the Website is strictly at your own risk, and we disclaim all liability arising from and responsibility for any such reliance. You acknowledge that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. The Website may contain links to other websites or content made available by third parties. We have not reviewed, provide no warranty in respect of, and are not responsible for any those websites or content, and links to them from the Website does not signify our endorsement or agreement with those websites or content. You represent and warrant to us that in deciding to enter into these Terms you have not relied on any representation, warranty, act or omission by us or any person on our behalf, other than the express representations and warranties contained in these Terms.
  10. Limitation of Liability. To the fullest extent permissible by law, neither we nor our affiliates, licensors or service providers, nor our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns will be liable for any loss or damage of any kind, under any legal theory, relating to your access or use of (or inability to use) the Website, including any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including in connection with personal injury, pain and suffering, emotional distress or loss of revenue, business, anticipated savings, profits, data, use or goodwill, and whether or not foreseeable or advised of the possibility of such damages. Neither the limitation in this paragraph nor the disclaimers elsewhere in these Terms affect any liability to the extent it cannot be limited or excluded under applicable law.
  11. Indemnification. You agree to defend, indemnify and hold harmless each of us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Website, your participation in the Exam or your use of any results or other information obtained from the Website or Exam process.
  12. Governing Law and Jurisdiction. These Terms, together with any claims or disputes related thereto (whether in tort, contract or otherwise), are governed by and will be construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any other jurisdiction. Any legal suit, action or proceeding arising out of or related to these Terms or the Website (whether based in tort, contract or otherwise) shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York, New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
  13. Waiver and Severability. No waiver by any party of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction.
  14. Assignment. You may not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without our prior written consent, which consent we may give or withhold in our sole discretion. We may assign these Terms without your further consent to any of our affiliates or to any other person in connection with the sale or other disposition of any part of our business or assets to which these Terms relate.
  15. Beneficiaries. These Terms are for the sole benefit of you and us and our respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
  16. Changes to these Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of and agreement to the changes. You are expected to check these Terms each time you access the Website so you are aware of any changes to them.
  17. Entire Agreement. These Terms constitute the sole and entire agreement between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous negotiations, understandings and agreements, whether written or oral, between the parties with respect to such subject matter.

Latest update: December 18, 2017