Haystack’s End User Terms of Use

Haystack Solutions, Inc. End User Terms of Use

Date of Last Revision: July 2, 2024

These Terms of Use govern usage by test takers or other end users (collectively referred to as “End Users”) of the cyber aptitude testing and other services offered by Haystack Solutions, Inc. (referred to collectively with any subsidiaries or other affiliated companies as “Haystack“). These services may be offered by Haystack in conjunction with companies, schools or other organizations that have engaged with Haystack to provide Haystack’s services to the Client’s actual or potential employees, students or other constituents. If you receive access to Haystack’s services through one of these organizations, that organization is referred to in these Terms of Use as the “Client”. Haystack’s services may also be offered by Haystack or its authorized distributors directly to End Users. If you purchased or otherwise receive access to the services in such manner, the references in these Terms of Use to the “Client” are not applicable to you.

Certain of Haystack’s testing and other services are provided through access to one or more Haystack websites, which are referred to as the “Sites“. The Haystack testing and other services and the Sites are referred to as “Haystack Services”.

By registering as an End User, by taking a test offered by Haystack or by otherwise using any Haystack Services, you accept and agree to comply with these Terms of Use.

Your User Account

In connection with your use of Haystack Services, you will have a user account with Haystack. You may not use Haystack Services unless you have a user account that has been authorized by Haystack. Your user account may be used only by you. You are responsible for maintaining the confidentiality of your user name, password or other account information and for restricting access to your devices in order to protect against unauthorized access. You are responsible for all activities that occur under your account. You must promptly report in writing to Haystack and the Client any lost or stolen passwords or credentials or any unauthorized activity occurring under your account.

Any use by you of another user’s account information is prohibited. You agree not to impersonate any other person or entity, whether actual or fictitious, in connection with any Haystack Services.

Support requests regarding Haystack Services must be reported by you to the Client and not to Haystack, unless Haystack informs you otherwise from time to time.

Your Use of the Sites

If you are receiving access to Haystack Services through a Client, then you represent and warrant to Haystack that you are an employee of, student of, or otherwise within the Client’s organization or are a candidate for hiring by the Client, and you agree that your use of Haystack Services is limited to use for the purpose of assisting the Client with assessing your aptitude or suitability for employment or employment-related training, positions or responsibilities in the cyber field. If you are receiving access to Haystack Services directly from Haystack or its authorized distributor and not through a Client, then you agree that your use of Haystack Services is limited to use for the purpose of assisting you with assessing your aptitude or suitability for employment or employment-related training, positions or responsibilities in the cyber field or for such other purpose as may be expressly permitted by Haystack.

You agree to comply with all user password, credential, registration, authentication and testing rules and policies of Haystack or the Client.

You are not permitted to, and you agree that you will not, download, reproduce, copy, print, save, store, transmit, disclose, sell, modify, create derivative works from, post or publish, in any manner and whether in electronic or tangible form, all or any portion of any Site, screenshot from a Site, Site content, test questions, test answers, test results, Service Software or documentation or any commentary, assessment or opinion regarding Haystack Services.

You are not permitted to, and you agree that you will not: (i) transfer, assign or sublicense, whether by agreement, operation of law, or otherwise, any of your rights or obligations under these Terms of Use to any other person or entity, and you acknowledge that any such attempted transfer, assignment or sublicense shall be void; (ii) make error corrections to, otherwise modify, change, or adapt any aspect of, or create derivative works or enhancements based upon or to, Haystack Services; (iii) decompile, decrypt, reverse engineer, attempt to obtain or modify the source code of, or disassemble any software provided or made available to you to allow you to use Haystack Services (referred to as “Service Software”), or otherwise reduce any Service Software to human-readable form; (iv) permit any person other than yourself as an authorized End User to use or access Haystack Services; (v) knowing or negligently publish, post, upload, store or transmit any computer viruses or other malicious code using or relating to Haystack Services; (vi) use any security testing tools to probe, scan or attempt to penetrate or ascertain the security of Haystack Services; (vii) use any Haystack Services for the performance of services for third parties; or (viii) permit any third party to take any action that, if taken by you, would constitute a breach of these Terms of Use.

You are required to promptly install any Service Software, including any updates, provided by Haystack to you for installation.

You are required to comply with all applicable laws and regulations, and you may not violate any person’s intellectual property, personal information, confidentiality or other rights, in connection with your use of, or otherwise in relation to, Haystack Services. Without limiting the generality of the foregoing, with respect to any information input into or provided to Haystack in connection with Haystack Services, you represent and warrant to Haystack that you have full authority to so provide such information and that such provision of information does not violate or infringe upon any law or regulation, any agreement or instrument of which you are aware or the rights of any third party.

You agree that you shall not submit, through use of the Sites or otherwise, any content that: is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, knowingly untrue, or otherwise objectionable; encourages the violation of any law, rule or regulation; or advertises or is a solicitation for goods or services.

Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that Haystack may monitor, and collect data or information relating to, your use of Haystack Services, including test results or other data or information associated with you, for the purposes of confirming your compliance with these Terms of Use and the Client’s compliance with its agreement with Haystack, monitoring performance of or improving Haystack Services or for any other purpose. You acknowledge and agree that Haystack may contact and interact directly with you in connection with the administration of tests or other use of Haystack Services or for any other purpose.

Liability Limitations

Haystack Services are, as between you and Haystack, “AS IS” and without warranty or guarantee of any kind, express or implied. Without limiting the generality of the foregoing, Haystack makes no warranty or guaranty to you that the Sites or its contents are complete, error-free, secure, will operate in a manner that is secure or uninterrupted, or that the Sites or any Service Software or transmissions from Haystack are free of viruses or other harmful code. Haystack is not responsible for technical, hardware or software failures of any kind, for lost or unavailable network connections, for your inability to access or use Haystack Services or to take or complete any test, or for incomplete or delayed transmissions. You acknowledge and agree that changes may be made to the Sites at any time without notice.

You agree that Haystack and its affiliates, suppliers and licensors will not for any reason or circumstance, and regardless of legal theory, whether in tort, contract or otherwise, be liable to you or your affiliates, related persons, heirs, successors or assigns for any direct, indirect, incidental, consequential, punitive, or any other damages, however caused, and regardless of character, including without limitation loss of data or employment opportunities, even if Haystack has been advised of the possibility of such damages. The foregoing limitation of liability applies, by way of example but without limitation, to any damages arising out of or in connection with (i) your access to, use of, or inability to use any Haystack Services, (ii) any errors or omissions in or performance of any Haystack Services or (iii) your test results or the manner in which the Client or any other person interprets, uses or discloses your test results. If the foregoing liability limitation is not enforceable, you agree that the maximum aggregate liability of Haystack and its affiliates, suppliers and licensors to you for all claims is the greater of $100 or the amount that you, individually and not as a representative or agent of the Client, paid directly to Haystack for the applicable test or service giving rise to the claim.

You acknowledge and agree that Haystack is not in any way responsible for interpreting test results or for any hiring, placement or other decisions relating to you or any other test taker, including without limitation any assessment as to whether you or any other test taker possess any particular skills or aptitude or is qualified for any particular employment or other position, training or responsibilities. Neither Haystack nor its affiliates, suppliers or licensors shall have any liability for or relating to any such interpretation, decision or assessment, even if Haystack provides documentation, advice, guidance or any services relating thereto.

If you are receiving access to Haystack Services through a Client, you acknowledge and agree that you are not a third party beneficiary under Haystack’s agreement with the Client and that you have no rights or claims against Haystack under such agreement.

Indemnification

You agree to defend, indemnify and hold Haystack harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including, but not limited to, attorneys’ fees, arising from or related to (i) Haystack Services, other than damages caused by the willful misconduct of Haystack, or (ii) your violation of these Terms of Use.

Privacy Policy

Haystack’s End User Privacy Policy is incorporated into and considered a part of these Terms of Use. By accepting these Terms of Use, you acknowledge and agree that you have received a copy of or access to the Privacy Policy, that you have read and understand the Privacy Policy, and that you consent to the collection, storage, use and disclosure of your personal or other information as described in the Privacy Policy.

External Links

If links are provided from any Site to any other websites (other than to any other Site), or if Haystack contacts you regarding any information, products or services offered by a third party, Haystack does not operate, control, endorse, approve or have any responsibility or liability for any such other websites, information, products or services.

You are not permitted to, and you agree that you will not, create or maintain any link from another website to any Site unless expressly permitted in writing by Haystack and unless such links are in compliance with all applicable laws and regulations. Haystack may revoke any such consent at any time.

Children Prohibited from Sites

Haystack does not knowingly provide access to the Sites to persons under the age of 18 without parental consent. If Haystack learns that an End User is under the age of 18 and does not have parental consent, appropriate steps may be taken to remove the End User’s personal information from the database and restrict the individual from future access to the Sites. In addition, any registration by, use of or access to the Sites by anyone under 13 is unauthorized, unlicensed and in violation of the Terms of Use.

Remedies

In the event that Haystack determines, in its sole discretion, that you have breached these Terms of Use or have otherwise engaged in inappropriate conduct, Haystack may, but is not required to, at its discretion and in addition to any other remedies that may be available, terminate your use of the Sites, delete any information relating to you or your use of the Sites or take any other action that Haystack deems appropriate.

Copyrights, Trademarks and Other Intellectual Property

The Haystack Services, including the Sites and all tests, information, documentation and other content on the Sites or otherwise provided or made available, directly or indirectly, by Haystack, are the property of Haystack or its affiliates, suppliers or licensors and are “Copyright 2024, Haystack Solutions, Inc.”, unless otherwise expressly stated on the applicable Site or documentation. All rights not expressly granted by Haystack are reserved by Haystack. The product and service names and logos appearing on the Site or otherwise used in connection with Haystack Services, and the appearance of the Site or other Haystack Services, including user interfaces, icons and graphics, are servicemarks or trademarks, registered servicemarks or trademarks or trade dress of Haystack or the respective third party indicated thereon, and any unauthorized use is strictly prohibited.

You acknowledge and agree that you do not have any proprietary rights in any information that you post or transmit to Haystack or using Haystack Services. Such information is owned by Haystack, and, by posting or transmitting such information, you assign all ownership in, title to and intellectual property and other rights in such information to Haystack. Such information may be used, reproduced or retransmitted by Haystack, in whole or in part, for all purposes (except as otherwise expressly stated in the Privacy Policy) and without any obligation of attribution.

Termination

These Terms of Use shall remain in effect unless and until terminated by Haystack. Haystack may terminate or revise all or part of any Haystack Services or your access to a Site or other Haystack Services at any time without notice to you. Upon any such termination, you must promptly destroy all materials downloaded or otherwise obtained from the Site or otherwise from Haystack or relating to Haystack Services.

Governing Law

The Sites are intended for use only by End Users located in the United States of America, unless otherwise expressly permitted in writing by Haystack. These Terms of Use are governed by and interpreted pursuant to the internal laws of the State of Maryland, United States of America, notwithstanding any conflict of law principles, and you and Haystack agree that the federal or state courts located in the State of Maryland shall be the exclusive forum for any legal claims or actions relating to Haystack Services or to these Terms of Use. If such court determines that any part of these Terms of Use is unlawful, void or unenforceable, such part is deemed modified to the minimum extent required so that it is lawful, valid and enforceable, and such modification will not affect the validity and enforceability of the remaining Terms of Use.

Entire Agreement

These Terms of Use constitute the complete and exclusive statement of the mutual understanding between you and Haystack regarding the subject matter hereof and supersede and cancel all previous written and oral agreements and communications relating to such subject matter. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof.

Changes to these Terms of Use

Haystack may update these Terms of Use at any time. The latest version of the Terms of Use will be available here or at such other locations or in such other manner as Haystack may specify from time to time, and the most recent revision date will be indicated at the top of this page. Please check this page regularly and when accessing a Site to make sure you are aware of any updates. Your continued use of a Site or other Haystack Services following any update to these Terms of Use constitutes your acceptance of the updated Terms of Use. If you do not wish to accept the updated Terms of Use, you must immediately discontinue use of the Sites and other Haystack Services and contact Haystack at the email address set forth in the Privacy Policy to cancel your user account and access.