Terms & Conditions

Terms of Service These Terms of Service (the “Terms”) outline the conditions for accessing and using the test products and content licensed to Franklin Testing LLC (“Franklin Testing”), located at ******* by third-party test publishers (the “******”) for you, the customer (“Client”). Franklin Testing and the Customer may be referred to individually as a “Party” and collectively as the “Parties.” Franklin Testing acts as a reseller and distributor for specific testing products and content from the Test Publishers (the “Test Products”). Each Test Publisher has licensed these Test Products to Franklin Testing for resale and customer use. By accessing your Online Testing Account (as defined below) and using the Test Products, you agree to these Terms, forming a contractual relationship between you and Franklin Testing. Test Products When you purchase Test Products, Franklin Testing will: Assessment Reports Customer Representations and Warranties To access your Online Testing Account and the Test Products, you represent and warrant that you: Have the authority to agree to these Terms. Will maintain accurate and updated information for your Online Testing Account or notify Franklin Testing of any changes. (i) Will be the only individuals accessing the Online Testing Account; (ii) Will not allow others to use it, except Authorized Users; and (iii) Will notify Franklin Testing immediately if unauthorized use occurs. “Authorized Users” include individuals such as partners, members, officers, and employees designated on your account. Will safeguard your Online Testing Account credentials and not transfer them to anyone else. Will comply with all applicable laws, including privacy and confidentiality regulations, using the Test Products only for lawful purposes. Will use the Online Testing Account solely for internal business purposes, including testing employees or job candidates. Will ensure Authorized Users understand and comply with these Terms. Acknowledge that Test Products are sold on a “per test” basis; each completed test counts as one test, and incomplete tests will not count. Network Access You are responsible for securing the necessary network access to use your Online Testing Account and Test Products. This includes acquiring and maintaining compatible hardware and devices. Franklin Testing does not guarantee functionality on any specific hardware, and access may be subject to internet-related malfunctions and delays. Disclaimer of Warranties and Limitation of Liability The Test Products are provided on an “as is” and “as available” basis. Franklin Testing disclaims all warranties to the fullest extent permitted by law, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. Franklin Testing will not be liable for any incidental, consequential, special, indirect, exemplary, or punitive damages arising from the Online Testing Account or Test Products, regardless of whether such damages were foreseeable or whether Franklin Testing had been advised of the possibility. Limited License & Use of Test Products You and Authorized Users receive a non-exclusive, non-transferable, non-sublicensable license to use the Online Testing Account and Test Products for internal business purposes only. You may not: Reproduce, sell, or exploit access to the Test Products. Modify, reverse engineer, or tamper with the Online Testing Account or Test Products. Use the Online Testing Account or Test Products in any manner that infringes on rights or is unlawful. Alter or remove any notices or graphics contained in the Online Testing Account. If you submit feedback, you consent to Franklin Testing's use of your comments and identifying information for commercial purposes without compensation. Customer Acts or Omissions If Franklin Testing's performance is hindered by your actions or omissions, it will not be deemed a breach of these Terms. Limitations on Use Franklin Testing may impose additional limitations on the Online Testing Account and Test Products at its discretion. You acknowledge that the Test Publisher owns all rights to the Test Products, while you retain ownership of your confidential data. Franklin Testing will not retain any data beyond what is necessary to fulfill its obligations. Term, Termination, and Survival These Terms commence upon your acceptance and remain effective during your use of the Online Testing Account and Test Products, terminating as outlined herein. Test Products are valid for one year from the date of purchase unless otherwise stated. Termination by Customer: You can terminate your use by notifying Franklin Testing via email. Refunds may not be provided unless specified. Termination by Franklin Testing: Franklin Testing may terminate your access with notice if you breach these Terms. Effect of Termination: Upon termination, access to your Online Testing Account and Test Products will be disabled. Surviving Rights: Certain rights and obligations will survive termination, as specified in these Terms. Exclusive Remedies Your exclusive remedy for any claim related to the Online Testing Account or Test Products is for Franklin Testing to repair or replace the defect or refund a portion of your payment. Indemnification You agree to indemnify Franklin Testing from any claims or liabilities arising from your or an Authorized User's use of the Online Testing Account or Test Products, including violations of laws or negligence. Changes to Terms These Terms may be revised occasionally. Continued access to the Online Testing Account after revisions constitutes acceptance of the new terms. General Provisions Entire Agreement: These Terms represent the entire agreement between the Parties regarding this subject matter. Independent Relationship: The Parties are independent contractors and nothing in these Terms creates any agency or partnership. Notices: All communications must be in writing and will be deemed effective as specified herein. Interpretation: Various definitions and interpretations apply to these Terms as specified. Severability: If any provision is deemed invalid, other provisions will remain effective. Headings: Headings are for reference only. Waiver: Any waiver must be in writing and signed. Assignment: You may not assign rights without Franklin Testing’s written consent. Successors and Assigns: These Terms bind and benefit the Parties and their permitted successors. No Third-Party Beneficiaries: These Terms benefit only the Parties and their permitted successors. Force Majeure: Franklin Testing is not liable for delays caused by circumstances beyond its control. Governing Law: These Terms are governed by Georgia law. By accessing your Online Testing Account, you acknowledge that you have read, understood, and agree to these Terms.