Test Taker
Sign Up



Please read the test taker agreement in it's entirety and then acknowledge you've read and agree to it by clicking the button below.
PSB TEST TAKER AGREEMENT

Last Modified: July 23, 2018
Effective Date: July 23, 2018

  1. Overview.

1.1. Introduction. This PSB Test Taker Agreement (this "Agreement") is an agreement between you (referred to in this Agreement as "you" or "your") and Psychological Services Bureau, Inc. (referred to in this Agreement as "PSB", "we", "us", or "our"), the provider of various tests and examinations (each, a "PSB Test", collectively the "PSB Tests") and the PSB website located at https://psbtests.com (the "PSB Website"). You agree to read this Agreement carefully.

1.2. Children Under Age 16. You may only create or use a PSB Account if you are (a) at least sixteen (16) years old, and (b) allowed by applicable law to enter into a binding contract. If you are not at least sixteen (16) years old, you must not access or use the PSB System.

1.3. Privacy Policy. Our PSB Privacy Policy, located at https://psbtests.com/legal/test-taker-privacy (the "Privacy Policy"), is part of this Agreement and explains how we collect and use your information. We will only share your Account Information with third parties as permitted by this Agreement and the Privacy Policy.

  1. Definitions.As used in this Agreement:

2.1. "Affiliate" (collectively, "Affiliates") means, with respect to a person, any other person directly or indirectly controlling, controlled by or under common control with the subject person.

2.2. "Intellectual Property Rights" means all worldwide copyrights, trademark rights, patent rights, trade secret rights, moral rights, publicity rights, and all other intellectual property rights, and all rights, causes of action, or rights of enforcement relating to any intellectual property.

2.3. "PSB IP" means the PSB Website, the PSB Materials, and the PSB Tests, together with all updates, modifications, versions, improvements, and derivatives of the foregoing, and all Intellectual Property Rights in and to the foregoing.

2.4. "PSB Parties" (each, a "PSB Party") means PSB, its Affiliates, and the officers, directors, shareholders, members, managers, employees, attorneys, and agents of PSB or its Affiliates.

2.5. "PSB Materials" means all content and intellectual property associated with, or incorporated within, the PSB Tests and the PSB Website (including test questions, test descriptions, test resources, and other content and materials).

2.6. "PSB System" means the PSB Tests, the PSB Website, and the PSB Materials.

2.7. "Submitted Test" means a PSB Test that you have complete and which has been submitted to PSB for grading.

2.8. "Test Data" means Test Responses and other data about your use of the PSB System, such as the features you access and use and when you use them, and information about your demographics and your Outcomes Information (as defined below).

2.9. "Test Administration Affiliate" (collectively, "Test Administration Affiliates") means a third party provider that has been authorized by PSB to provide or administer PSB Tests to you or other individual test takers.

2.10. "Test Responses" means the answers and other responses you provide in connection with a Submitted Test.

2.11. "Test Results" means the raw scores, percentile rank, results, and evaluation associated with a Submitted Test.

2.12. "Associated School" (collectively, "Associated Schools") means a school, college, university, or vocational education provider (1) that provides or administers a PSB Test that your register for or take, (2) that you designate as an associated school, or (3) to whom you request that we submit any of your Test Results, or (4) in which you enroll in a program associated with a PSB Test that you have completed.

  1. Description of PSB System.Our objective is to help prepare health occupations educational programs and their applicants to make thoughtful and effective choices when confronted with career educational decisions. The PSB System allows you to register for and take PSB Tests and provide the applicable Test Responses and Test Results to your Associated Schools.
  2. Updates to this Agreement.As technology changes and as our business grows and develops, we may modify this Agreement and the Privacy Policy from time to time. The amended Agreement or Privacy Policy will include an effective date, and the amended Agreement and Privacy Policy will be effective on that date. When we modify this Agreement or the Privacy Policy, we will give you notice at least thirty (30) days before the effective date of the amended Agreement or Privacy Policy by (a) posting the amended Agreement and/or Privacy Policy on the PSB Website, and/or (b) by sending you an e-mail to the e-mail address included in your Account Information. However, no changes to this Agreement will apply retroactively and any changes to the governing law or dispute resolution provisions set forth in Sections 11 and 12 below will not apply to any disputes for which PSB and you have received actual notice on or before such effective date. If you continue to access or use the PSB System after the Agreement or Privacy Policy is amended, you agree to be bound by the revised Agreement and Privacy Policy. If you do not accept the revised Agreement or Privacy Policy, you agree that you will promptly (1) stop using the PSB System, and (2) close your PSB Account (as defined below). You can access historical versions of this Agreement and other policies at: https://psbtests.com/legal/archive.
  3. Your PSB Account.

5.1. Registration. In order to use the PSB System, you must register with PSB and create an account (a "PSB Account"). Our registration process currently requires you to complete a signup form and provide your e-mail address and select a password (your "Login Credentials"). We may permit or require you to provide additional information in order to use the PSB System or certain features of the PSB System. As used in this Agreement, "Account Information" means all information associated with your PSB Account, including your name and contact information, demographic information, Test Data, Test Responses, and Test Results. You agree to update your Account Information, as necessary, to ensure that it remains current, accurate, and complete.

5.2. Your Account Information. We value and respect your privacy, and we will only use your Account Information as permitted by this Agreement and the Privacy Policy. In order for us to provide the PSB System to you and to refine and improve the PSB Tests, you grant us a worldwide, royalty-free, non-exclusive, transferable, sublicensable, perpetual, and irrevocable license to use, copy, adapt, create derivative works of, store, host, publish, display, distribute, communicate, and transmit your Test Responses and other Account Information. We will only share your Account Information with third parties as permitted by the Privacy Policy.

  1. Your Affiliated Schools and Outcomes Information. Every PSB Test that you complete or for which you register, you must have at least one Affiliated School. You hereby authorize us to disclose your name, contact information, Test Responses, and Test Results to each of your Affiliated Schools. In addition, you hereby authorize, consent, and request that each of your Affiliated Schools report to PSB the following information (collectively, "Outcomes Information"), which will become part of your Account Information: (a) whether the Affiliated School accepted you into an educational or vocational program and, if so, the name of such program; (b) whether you graduated from such program; (c) your grade point average (GPA) and class rank; and (d) whether you are employed and, if so, whether the position in which you are employed requires graduation from such educational or vocational program as a prerequisite to employment.
  2. Using the PSB System.

7.1. Permission to Use the PSB System. Subject to your compliance with this Agreement, we grant you permission to access and use the PSB System in connection with registering for PSB Tests, taking PSB Tests, and viewing Test Results. If you violate this Agreement, your permission to use the PSB System will automatically terminate. Your permission to access and use the PSB System is personal, non-exclusive, non-assignable, and non-sublicensable.

7.2. Restrictions and Responsibilities. You are responsible for maintaining the confidentiality of the Login Credentials used to access your PSB Account. You acknowledge and agree that you are responsible for any activities that occur through your PSB Account, whether or not authorized by you. You agree to immediately notify us of any security breach associated with your Login Credentials or your PSB Account and of any unauthorized use of your PSB Account. We will not be liable for any losses (to you or others) caused by any unauthorized use of your PSB Account. You agree that you will not, directly or indirectly, reverse engineer, disassemble, alter, or modify any part of the PSB System, attempt to do so, or permit others to do so. You understand that access to the PSB System may be interrupted from time to time.

7.3. Confidentiality of Test Questions and Answers. You understand and agree that the PSB Tests (including the test questions and answers) are confidential and are proprietary trade secrets of PSB. You agree that you will keep the PSB Tests (including the test questions and answers) confidential and that you will not share, display, or disclose them, in whole or in part, to any other person or make them available online. You further agree that you will not copy, reproduce, or paraphrase the PSB Tests (including the tests questions and answers) without the prior written permission of PSB.

7.4. No Disruptive Activities. You agree that you will not:

7.4.1. Circumvent, compromise, or undermine the security or integrity of the PSB Website, or attempt to do so;

7.4.2. Probe, scan, or test the vulnerability of the PSB Website, or any systems, networks, servers, computers, devices, or equipment owned or controlled by PSB or any users of the PSB Website;

7.4.3. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the PSB Website, or any server, network, computer, device, system, or database owned or controlled by PSB (or any users of the PSB Website) or related to, associated with, or connected to the PSB Website;

7.4.4. Use any automated device, process, or means (such as robots or spiders) to access or use the PSB System for any purpose, except as expressly authorized by PSB in writing;

7.4.5. Use the PSB Website in any manner that we believe could disable, overburden, damage, impair, or interfere with the proper operation of the PSB Website; or

7.4.6. Interfere with or disrupt the performance or integrity of the PSB Website or any data transmitted by or through the PSB Website.

  1. Intellectual Property Rights.

8.1. Generally. You acknowledge and agree that except as otherwise expressly stated in this Agreement, the PSB IP and all content and intellectual property associated with, or incorporated within, the PSB System, together with all Intellectual Property Rights therein and thereto, are owned by PSB or its third party licensors. This Agreement does not grant to you, and you will not acquire, any right, title, or interest in or to the PSB IP, the PSB System or any associated Intellectual Property Rights associated with any of the foregoing, except for the permissions expressly granted to you under this Agreement. You may not (a) upload or post any of the PSB IP or the PSB Materials to any other website or file sharing service, or (b) publicly make available, display, distribute, or perform any of the PSB IP or the PSB Materials, or (c) engage in hotlinking or framing with respect to any of the PSB IP or the PSB Materials.

8.2. Feedback and Usage Data. The collection of Feedback and Test Data is an essential component of the ongoing development of the PSB Tests. We encourage you to send us messages, feedback, or data, including, for example, ideas, comments, suggestions, or questions related to the PSB Website, the PSB Tests, the PSB Materials, or any other product or service (collectively, "Feedback"). You agree not to send us any information or ideas that are sensitive or confidential, and you agree that any Feedback we receive from you will not be considered confidential. By sending or providing us with any Feedback and/or Test Data, you hereby grant, and shall grant, PSB a royalty-free, worldwide, perpetual, irrevocable, sublicenseable and assignable license to fully commercialize, display, distribute and use such Feedback and/or Test Data. If PSB develops any improvements, works, tests, products or service offerings based on such Feedback and/or Test Data, PSB shall solely own all rights, including Intellectual Property Rights, therein and thereto, without any obligations to you, including any payment obligation or obligation to credit or attribute you as providing the Feedback and/or Test Data which PSB used to develop such improvements, works, tests, products or service offerings. You represent and warrant that any Feedback that you provide does not and will not infringe, misappropriate, or violate the Intellectual Property Rights or other rights of any third party.

  1. Disclaimers and Limitation of Liability.The provisions of this Section 9 apply to the maximum extent permitted under applicable law. In addition, some jurisdictions do not permit the limitation of liability in contracts or the disclaimers of implied warranties, so some or all of the provisions of this Section 8 may not apply to you.

9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PSB SYSTEM AND YOUR USE THEREOF ARE AT YOUR OWN RISK AND THE PSB SYSTEM IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

9.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PSB PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, RELATING TO THE PSB SYSTEM AND THE USE THEREOF BY YOU OR ANY OTHER PERSON.

9.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PSB PARTIES WILL NOT HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON ARISING OUT OF, RELATED TO, OR ASSOCIATED WITH (A) THE PSB SYSTEM OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, (B) THE PERFORMANCE OR NON-PERFORMANCE BY PSB OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT, (C) YOUR TEST RESULTS (OR THE ACCURACY THEREOF), OR (D) THE OPERATION OR MALFUNCTION OF THE PSB SYSTEM, REGARDLESS OF WHETHER OR NOT WE, YOU, OR ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF THE PSB PARTIES TO YOU OR ANY OTHER PERSON FOR ANY REASON AND UPON ANY CAUSE OF ACTION (WHETHER BASED IN TORT, CONTRACT, OR ON ANY LEGAL OR EQUITABLE GROUND OR THEORY OF RECOVERY) ARISING OUT OF OR RELATING TO (A) THE PSB SYSTEM OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, (B) YOUR TESTS RESULTS (OR THE ACCURACY THEREOF), OR (C) THE OPERATION OR MALFUNCTION OF THE PSB SYSTEM, WILL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL AMOUNT PAID BY YOU TO PSB (OR TO PSB’S AUTHORIZED RESELLER) FOR YOUR USE OF THE PSB SYSTEM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

9.5. SOME JURISDICTIONS MAY NOT ALLOW OR MAY OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION 9. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION 9 MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION 9 WILL CONTINUE TO APPLY EVEN IF YOU STOP USING THE PSB SYSTEM AND WILL SURVIVE THE EXPIRATION, CANCELLATION, OR TERMINATION OF THIS AGREEMENT.

9.6. Notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement will be deemed to limit our liability for any personal injury, death, or property damage occurring on our premises to the extent that such personal injury, death, or property damages results from our negligence, recklessness, or willful misconduct. The limitations of liability set forth in this Section 9: (a) only apply to the extent permitted by law, and (b) do not apply to the extent that such liability results from our gross negligence, recklessness, or willful misconduct.

9.7. New Jersey Consumers. Notwithstanding any other provision of this Agreement to the contrary, if you are a New Jersey "consumer" within the meaning of N.J. Stat. § 56:12-15, nothing in this Agreement waives (a) any rights you may have under N.J. Stat. §§ 56:12-14 – 56:12-18, or (b) any rights you may have to recover (i) your attorneys’ fees, (ii) your share of any arbitrators’ and administrative fees of arbitration, or (iii) your court costs, filing fees, and other reasonable costs of suit.

  1. Indemnification.You will, at your expense, defend, indemnify and hold harmless the PSB Parties, and their employees, officers, directors and agents, from, against, and with respect to any and all liabilities, claims, losses, damages, injuries (including personal injury, sickness, and death), interest, fines, taxes, premiums, assessments, penalties, costs, and expenses (collectively, "Claims"), including any and all attorneys’ fees and expenses incurred in the defense of Claims, arising out of or related to: (a) the use of your PSB Account (whether by you or any other person); (b) your breach or violation of any provision of this Agreement; (c) our exercise of any rights or licenses granted by you to us; (d) any inaccuracy in or breach of any of the representations or warranties made by you; (e) your violation or alleged violation of any law or infringement of any third party right, including any Intellectual Property Rights or privacy rights; or (f) your negligence, recklessness, or willful misconduct. You will pay all amounts payable to third parties in connection with any settlement or compromise, and pay any resulting costs, damages, and reasonable attorneys’ fees awarded to third parties by a court of competent jurisdiction with respect to any such claims. The provisions of this Section 10 will continue to apply even if you stop using the PSB System and will survive the expiration, cancellation, or termination of this Agreement.
  2. Governing Law and Interpretation.This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regard to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, you and PSB expressly agree: (a) that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. ("UCITA") are expressly excluded from this Agreement, (b) that any and all terms contained in UCITA will have no force or effect on any portion of this Agreement, and (c) that UCITA does not apply to this Agreement or the PSB System. We retain all rights at law and in equity to enforce the provisions of this Agreement in accordance with applicable laws.
  3. Dispute Resolution.

12.1. Service of Legal Process. To the extent permitted by law, if your Account Information does not contain your current and accurate physical address (or if we are unable, after reasonable efforts, to effect service of process on you at such physical address), you hereby irrevocably agree to accept service of process by any means of communication associated with your PSB Account or your use of the PSB Service, including service by U.S. mail, e-mail, short message service (SMS), or messages or alerts displayed or sent to you through the PSB System, and you waive any objections to service of process by such methods.

12.2. Venue. Any and all claims or disputes arising out of or relating to (a) this Agreement, (b) the PSB System or the use thereof by you or any other person, (c) your Test Results (or the accuracy thereof), (d) the performance or non-performance by you or PSB of any obligations under this Agreement, or (e) actual or alleged infringement by you or PSB of the other party’s or of any other person’s Intellectual Property Rights, privacy rights, or other rights, will be commenced and maintained only in a state or federal court of competent subject matter jurisdiction situated or located in Albemarle County, Virginia or the City of Charlottesville, Virginia. YOU AND PSB BOTH CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ANY SUCH COURT (AND IN ANY OF THE APPROPRIATE APPELLATE COURTS THEREFROM) AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION (INCLUDING ANY OBJECTION BASED ON INCONVENIENT FORUM) WHICH YOU OR PSB MAY NOW OR HEREAFTER HAVE TO VENUE IN ANY SUCH COURT.

12.3. Waiver of Jury TRIAL. YOU AND PSB IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU OR PSB MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO (A) THIS AGREEMENT, (B) YOUR TESTS RESULTS (OR THE ACCURACY THEREOF), (C) THE PSB SYSTEM OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, (D) THE PERFORMANCE OR NON-PERFORMANCE BY YOU OR PSB OF ANY OBLIGATIONS UNDER THIS AGREEMENT, OR (E) ACTUAL OR ALLEGED INFRINGEMENT BY YOU OR PSB OF THE OTHER PARTY’S OR OF ANY OTHER PERSON’S INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR OTHER RIGHTS. YOU CERTIFY AND ACKNOWLEDGE THAT: (1) NEITHER PSB NOT ANYONE ACTING ON BEHALF OF PSB HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT PSB WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (2) YOU HAVE CAREFULLY CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (3) YOU ARE MAKING THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND (4) YOU HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS IN THIS SECTION 12.3.

12.4. Class Action Waiver. You and PSB further agree that any lawsuit between you and any of the PSB Parties will be conducted in your and PSB’s individual capacities only and not as a class action or other representative action, and you and PSB expressly waive the right to file a class action or seek relief on a class basis. You have the right to opt out of the foregoing class action waiver by completing, signing, and mailing a valid opt-out notice to PSB within forty five (45) days after the date you first began using the PSB System. In order to be valid. the opt-out notice must (1) be typed (handwritten opt-out notices are not valid), (2) include a statement that you are opting out of the class action waiver in this Agreement, (3) include your full legal name, mailing address, and the e-mail address associated with your PSB Account, (4) be signed by you, and (5) be mailed to PSB, Attn: Agreement Opt-Out, 977 Seminole Trail #317 Charlottesville, VA 22901. You understand and agree that you are responsible for retaining proof of mailing and delivery.

  1. Termination.We reserve the right, without any liability to you, to modify, suspend, disable, delete, close, or terminate your PSB Account and to suspend or terminate your permission to access and use the PSB System for violation of this Agreement, or for any other reason. If you wish to end your relationship with us, you may request the closure of your PSB Account at any time by contacting us at support@psbtests.com. After the closure of your PSB Account, we may retain your Account Information indefinitely for accounting, legal, and other purposes. This Agreement and all rights and permissions granted by PSB to you will automatically terminate upon the closure, deletion, or termination of your PSB Account. Any termination, cancellation, or expiration of this Agreement notwithstanding (and notwithstanding the closure, deletion, or termination of your PSB Account or your stopping using the PSB System), Sections 5.2, 7.2, 7.3, 7.4, 8, 9, 10, 11, 12, and 14, and provisions which are by their terms intended to survive and continue, will survive and continue.
  2. Miscellaneous.

14.1. Reservation of Rights. We reserve all rights relating to the PSB System not expressly granted to you by this Agreement.

14.2. Severability; Non-Waiver. If any provision of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of this Agreement. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized officer of PSB.

14.3. No Assignment. This Agreement is personal to you. Neither this Agreement nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void, and no rights will devolve by operation of law or otherwise upon any assignee, receiver, liquidator, trustee, or other person. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Except for third parties covered by your indemnification obligations under this Agreement, nothing in this Agreement is intended, nor will be deemed, to confer any rights or remedies upon any person other than PSB Parties and you.

14.4. Entire Agreement. This Agreement contains the entire agreement and understanding between you and us with respect your use of the PSB System and this Agreement supersedes and replaces any other prior or contemporaneous agreements, terms, or conditions applicable to the subject matter of this Agreement.

  1. Contacting Us.If you have any questions about this Agreement or the PSB System, you may contact us by e-mailing us at support@psbtests.com or by writing to us at 977 Seminole Trail #317 Charlottesville, VA 22901.