By accessing or otherwise using the Longsdalepub.com website or its related sites (“Site”), you agree to be bound by these Terms of Use (“Terms of Use”) and the Longsdale Publishing Privacy Policy (“Privacy Policy”). If you are an employee at an organization or other business entity or a student at a college or university then by accessing or using the Site, you accept these Terms of Use on behalf of that entity and you represent and warrant that you have the necessary authority to do so. If you do not agree with the Terms of Use or with the Privacy Policy, do not use the Site. The Terms of Use governs use by all users of Longsdale Publishing’s assessments, test preparation materials, support materials, services, and applications (the “Products”). We reserve the right to make changes to our site, policies, and Terms at any time.
Orders for Products may be placed online using our shopping cart, offline via PDF order form or telephone using the information in the “Contact Us” section of the Site.
Rates for all Products are as listed on the Site. Fees for Products must be paid upfront by credit card unless you have a separate, written agreement with us allowing for another arrangement. If you are set up to order Products via purchase order, then all payments shall be made payable to Longsdale Publishing in U.S. Dollars and payments are due thirty (30) days from the invoice date. Payments not received within thirty (30) days will be considered late and will bear interest at the rate of one and one-half percent (1.5%) per month (or the maximum amount permitted by law, whichever is lower) on the unpaid balance from the payment due date until the date actually paid. If any charge owed is thirty (30) days or more overdue, we may, without limiting its other rights and remedies, suspend your account and restrict your access to the Site until such amounts are paid in full, along with applicable late fees.
You are responsible for all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether such exactions are imposed directly upon you or upon Longsdale Publishing) (“Taxes”) imposed on transactions you make on the Site. “Taxes” do not include any taxes that are imposed on or measured by the net income of Longsdale Publishing. If you are tax-exempt, you may provide duly-executed documentation evidencing your tax-exempt status to us for our review and consideration. If we accept the documentation, we shall exempt you from Taxes on a going-forward basis, provided that you keep all tax exemption documentation accurate and current.
Your use of the Site requires the collection and processing of your personal information. Your personal information will be used in accordance with our “Privacy Policy”, as updated from time to time and made available on the Site. Longsdale Publishing agrees to comply with applicable laws governing the use of, disclosure of, and access to such personal information. We will store data associated with your Account for as long as your Account remains active, and for such applicable additional periods set forth in our Privacy Policy. If your Account is terminated (or suspended), you will not have access to your Account until you renew your Account (or we decide to revoke the suspension). Longsdale Publishing reserves the right to delete your Account data without penalty at any time if your Account is suspended or is no longer active for one year from the invoice date. At all times, both while your account remains active and thereafter, we reserve the right to retain all data generated via the Site in non-personally identifiable format for our research, development, and other business purposes.
You shall use your best efforts to prevent unauthorized access to or use of your Account and shall notify us immediately upon discovery of any unauthorized access or use. You shall not use the Site to store or transmit any infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights. You shall not use the Site to store or transmit malicious code or software that will impair the functionality of the Site or otherwise access the Site in a manner not specifically authorized by these Terms of Use. You shall not interfere with or disrupt the performance of the Site or attempt to gain unauthorized access to the Site. You shall not contract with parties other than Longsdale Publishing for the scoring of any instruments made available on the Site. You shall not use any personal information made available via the Site in an unlawful or unethical manner. You shall not copy, frame, or mirror any part of or any content made available on the Site. You shall not reverse-engineer the Site or any of the Products or assessments or other content made available on the Site. You shall not access the Site in order to build a competitive product or service or to copy any features, functions, scoring, or content of the Site. You shall not remove any copyright, patent, trademark, design right, trade secret, or any other proprietary rights notices from the Site or any Products. You must provide your own computing device, Internet access, and other equipment necessary to access the Site and use the Products and you agree to bear all your own costs.
If you are using this Site as part of an employment process, such as team building, professional development, communication enhancing, job selection, etc., you agree that the results produced by the Site may be shared with the employer that requested your praticipation in the Products. In consideration of using the Products, you hearby release Longsdale Publishing and their agents, distributors, employees, representatives, or related or affiliated companies, and the company requesting you to use the Products from all liability. Information produced by the Products should not and is not used as the sole basis for consideration of selection for employment or job position.
If you need assistance using your Account or purchasing Products, we will provide you with free basic phone and email support (as determined by us in our sole discretion). Please contact us using the information located in the “Contact Us” section of the Site.
Longsdale Publishing will use commercially reasonable efforts to make the Site available at all times except for planned downtime and unavailability caused by circumstances beyond our reasonable control, including without limitation: acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures, Internet service provider failures, and other technology failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability or functionality of the Site. You agree that your purchases are not contingent upon the delivery of any additional functionality or any additional support from us.
Your use of the Site may involve use of our intellectual property, and your use of that intellectual property is subject to these Terms of Use. You acknowledge and agree that Longsdale Publishing is the sole and exclusive owner (or duly-licensed licensee of the owner, as the case may be) of all Products and works and other content on the Site, as well as the Site itself (and their accompanying intellectual property rights)(collectively, “Intellectual Property”). Longsdale Publishing reserves all rights, title, and interest in and to our Intellectual Property, and these Terms of Use do not transfer any rights to you.
You may from time to time provide Longsdale Publishing with suggestions, ideas or other feedback regarding the Products (“Feedback”). Both parties agree that Longsdale Publishing shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.
You agree to defend and indemnify Longsdale Publishing, its officers, directors, employees, and assigns against any claims, damages, losses, costs, or liabilities of any kind (including reasonable attorneys’ fees) arising out of or in connection with any actual or alleged breach of these Terms of Use, or in connection with any third-party suits or claims alleging matters which, if true, would constitute a breach of these Terms of Use.
IN NO EVENT SHALL LONGSDALE PUBLISHING’S LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN AGGREGATE THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS OF USE OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE INCIDENT. IN NO EVENT SHALL LONGSDALE PUBLISHING HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT LONGSDALE PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW.
THE PRODUCTS AND SERVICES ARE PROVIDED “AS-IS.” LONGSDALE PUBLISHING MAKES NO REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS OR SERVICES, INCLUDING ANY REPRESENTATION THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LONGSDALE PUBLISHING DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
These Terms of Use do not create a partnership, franchise, joint venture, fiduciary, or employment relationship between you and Longsdale Publishing; we are independent contractors. Notices to us shall be in writing and addressed to the attention of its General Counsel. All notices to you shall be addressed to the most recent contact information associated with your Account. No failure or delay by Longsdale Publishing in exercising any right under these Terms of Use shall constitute a waiver of that right. Our remedies provided herein are in addition to, and not exclusive of, any other remedies we may have at law or in equity. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from these Terms of Use, and the remaining provisions of these Terms of use shall remain in effect. You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of Longsdale Publishing. These Terms of Use, and any disputes arising out of or related to these Terms of Use, shall be governed exclusively by the internal laws of the State of Florida, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. These Terms of Use, including all exhibits and addenda hereto, if applicable, constitute the entire agreement between you and Longsdale Publishing and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of these Terms of Use. Any provisions of these Terms of Use that by their nature would survive shall survive any termination or expiration of these Terms of Use or termination or expiration of your Account.
Last Updated: November 28, 2023