Measured Practice Test Participant Agreement
This agreement is effective as of June 1, 2015. As a participant in the Measured Practice test program you will be exposed to information which Daniel Gray and the Measured Practice developers regard as proprietary and confidential; and, you will provide individual data as part of this test program that will be used to refine the software statistics in the Measured Practice tool. This individual data will also be regarded as proprietary and confidential. Measured Practice requires assurance that discussion about and your engagement with the software/tool/information and the test phase of this program will be confidential in accordance with this agreement. As a participant in this test program, you further agree that all information which you receive or to which you otherwise have access, including the fact that you are a test participant, shall be received and held in confidence, subject to the terms of this Agreement, unless otherwise exempted herein.
- Information will be disclosed to or otherwise received by you in electronic, written, physical, visual or oral form. You agree: (a) to maintain all information in strict confidence and to use such information solely for the purpose of evaluating the Measured Practice test program; (b) to limit dissemination of such information to others on a need-to-know basis and to inform such persons of the existence of this Agreement and its applicability to them; and (c) to consult with Daniel Gray prior to publishing or disseminating any advertising, promotion, or other printed material, participating in seminar/symposia presentations or any other activity which would tend to disclose that you have a relationship with Measured Practice or any details of that relationship.
- All written, electronically stored or other tangible documents or materials submitted to you, or prepared by you which contain information, and all copies thereof, shall remain the property of Daniel Gray and the Measured Practice program and shall be returned to Daniel Gray and electronic media erased upon request, or upon termination of this Agreement.
- Nothing in this Agreement shall be understood as granting you any rights in or to the information provided or collected as part of the Measured Practice program (all which are specifically retained by Daniel Gray and Measured Practice).
- The parties hereto at all times remain independent test subjects and no express or implied representations to the contrary shall be made.
- This Agreement shall be governed by the laws of the State of Illinois, U.S.A. pertaining to contracts made and performed, within that state, without recourse to any conflicts of laws principles. In the event of litigation relating to this Agreement, if a court of competent jurisdiction determines that you or anyone for whom you are legally responsible has violated the terms of this Agreement, you shall be liable and pay Daniel Gray’s damages, legal fees and expenses incurred in connection with any such violation. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement shall be binding upon the parties hereto and their successors in the test program, but shall not otherwise be assignable.
- This Agreement shall be effective as of the date first written above when it is signed and delivered to Daniel Gray in any manner sufficient to indicate your intention and commitment to be bound by its terms, including without limitation, transmission of a signed copy of the agreement by facsimile, electronic mail or any other similar electronic transmission. Signature by Daniel Gray is not required to create a valid and enforceable agreement that applies to the disclosure of information by Daniel Gray after the effective date of this Agreement.
By registering with the Measured practice platform you are agreeing to the above terms.