Online Applicator Certification/License Testing
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Terms and Conditions:
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TERMS OF SERVICE (CLICKWRAP) AGREEMENT This Terms of Service Agreement ("Agreement") is made between Kelly Registration Systems, Inc. ("Company") and any person or entity (collectively "you", "your” or "I") who completes the registration or submission process to use Company’s transaction processing service (the "Service"). BY CLICKING ON “I ACCEPT” OR ACCESSING OR USING ANY PART OF THE SERVICE AVAILABLE THROUGH THIS WEBSITE, WHICH IS CURRENTLY LOCATED AT www.kellysolutions.com (“WEBSITE”), YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON “I DO NOT ACCEPT”, AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE. 1. The Service (a) Description. The Service is described in detail below. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Company agrees to provide you with non-exclusive access to or use of the Service, consisting of access to www.kellysolutions.com for the sole purpose of processing transactions, subject to the terms and limitations set forth in this Agreement. Kelly Registration Systems, Inc. ("Company") provides an online method for its clients to submit electronic documents ("Document Submit") and process registrations ("Registration") and renewals ("Renewal) of regulated products, licenses, certification, permits and applications, as required by Departments of Agriculture in various states. The Service varies from state to state and is currently unavailable to process any Federal Registrations. You provide to Company for the purpose of Registration and/or Renewal and/or Document Submit all data required by the particular state in which you seek to register ("Registration Information" or "Renewal Information" or "Document Submit Information," respectively). You also remit to Company the registration or renewal fees charged by a state ("Registration Fee" or "Renewal Fee," respectively; collectively, "Fee"), as well as a small transaction fee. Once the Company received good funds from you, Company will transmit your Registration and/or Renewal Information and your Registration and/or Renewal Fee to the applicable state agency(ies) for processing. Document Submit Information requires no fee and information will be submitted to the applicable state agency(ies) on a time line established between Company and state agency(ies). Currently, Company accepts payment in the form of credit card or check. Unfortunately, Company cannot pay interest on funds held for its clients. (b) Appointment of Agent. You hereby appoint Company to act as your agent, with authority to process your Registrations and Renewals, and to remit Registration Fees and Renewal Fees (collectively, “Fees”) in your name. (c) Acceptance of Funds and Remittance of Fees. The terms under which Company accepts funds from You and remits Fees to the states is described in detail above. (d) Accessibility. You agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company. (e) Third Party Content and Trademarks. The Website may contain content supplied by third parties. Any opinions, advice, statements, services, offers, or other promises, representations or warranties contained in such third party content are those of the respective author(s) or distributor(s) and not of Company. KELLY SOLUTIONS, ERENEWALS, EREGISTRATION and the Kelly Registration logo are trademarks, service marks, registered trademarks or service marks of Company. Other product and company names found on the Website may be the trademarks of third parties. 2. Representations and Warranties You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; (c) you have provided accurate and complete Registration Information and Renewal Information. 3. Acceptable Use Policy You are solely responsible for any and all acts and omissions that occur under your registration or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) submit or attempt to submit incorrect information to any state government agency; (b) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (c) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (d) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement. 4. Limitations (a) Security. Company uses a cryptographic (digital certificate) key to secure account information sent between our server and your browser. Whenever you use the Service, Company’s server responds to your transmission by sending this key that is authenticated by your browser. This communication key encrypts the data sent by you and Company decrypts it when Company receives it. Company uses firewalls that are designed to protect your accounts from unauthorized access. Nonetheless, you are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password. Company will not sell your personal data and information to third parties. Notwithstanding the foregoing, any personal information posted by you on the Website is at your own risk. (b) Privacy. It is the policy of the Company to respect your privacy. Except as is necessary for Company to provide the Services, Company will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent, except to the successors of the Company or to the successors of all or part of the Company’s business, or unless Company has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Company; (iii) enforce this Agreement; or (iv) protect the interests of users of the Service other than you or any other person. (c) Accuracy of Registration Information. You understand and agree that Company will collect and remit your Registration and Renewal Information to the states you designate. You further understand and agree that Company does not examine your Registration and Renewal Information for accuracy, completeness or truthfulness, for which you are solely responsible. Because you are solely responsible for the content of your Registration and Renewal Information, Company cannot guarantee any results of its Service. (d) Accuracy of Content. Company gathers information from state and Federal agencies concerning Registrations and Renewals (“Government Information”), which Company includes on the Website for information purposes only. Company provides the Government Information in substantially the same format as it is received from the applicable agency, but cannot guarantee the accuracy of the Government Information. (e) Timeliness of Registration and Renewal Information. As used in this Agreement, the term "Business Day" means Monday through Friday, excluding Federal holidays; "Cutoff Time" means 8:00 p.m., Eastern Standard Time on any Business Day and is the time by which you must remit good funds sufficient to cover the Fees to have them considered entered on that particular Business Day. In order for Company to process your Registration and/or Renewal in a timely manner, you must provide Registration and/or Renewal Information to Company no later than seven (7) Business Days at the Cutoff Time prior to the applicable government deadline and remit good funds sufficient to cover the Fees no later than five (5) Business Days at the Cutoff Time prior to the applicable government deadline. 5. Termination This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; and (c) terminate this Agreement. 6. Disclaimer of Warranties THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT ANY GOVERNMENT INFORMATION ACCESSIBLE THROUGH THIS WEBSITE IS COMPLETE OR ACCURATE, OR THAT THE WEBSITE OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED), NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED AND/OR STATUTORY WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, IN RELATION TO THE SERVICE. YOU HEREBY WAIVE ALL OTHER RIGHTS, OBLIGATIONS AND/OR WARRANTIES AND ASSUMES ALL RISKS AND LIABILITIES IN RESPECT THEREOF. “Disabling Device” is defined as any software, document, message or other material which contains a computer virus, worm, trojan horse, timebomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software. 7. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, USE OF OR RELIANCE ON THE GOVERNMENT INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION, ERRORS, DEFECTS (BOTH PATENT AND LATENT), MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF REGISTRATION OR RENEWAL INFORMATION OR REGISTRATION OR RENEWAL FEES DUE TO YOUR BREACH OF THIS AGREEMENT, ANY OTHER FAILURE OF PERFORMANCE, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. Notwithstanding anything herein to the contrary, the maximum aggregate amount of money damages for which Company may be liable to You under this Agreement, resulting from any cause whatsoever, shall be limited to $10.00. 8. Indemnification You agree to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement; (b) your breach of any of your Representations or Warranties; or (c) your use of the Service, including any data or work transmitted by you. 9. Miscellaneous (a) Law and Venue. Company operates and controls this Website from its offices located in the state of Georgia in the United States. If you choose to access this Website outside of the state of Georgia through your own initiative, you are responsible for compliance with all applicable laws. This Agreement shall be governed by the laws of the State of Georgia and the United States without reference to conflicts of laws. The sole jurisdiction and venue for any litigation arising out of this Agreement shall be an appropriate federal court in the Northern District of Georgia or a state court located in the Northern District of Georgia. Customer hereby consents to personal jurisdiction in such courts. (b) Conflicting Terms. The terms and conditions of any purchase order or other ordering document issued by you in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement shall not be binding on Company and shall not be deemed to modify this Agreement. (c) Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. Your access, link to or use of the Service after the date such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms. (d) Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY OR LIMITED WARRANTY IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. (e) Exhibits. The Description of Services is incorporated into and made an integral part of this Agreement by this reference. (f) Survival. The respective rights and obligations of the parties under Sections 2, 3, 4, 6, 7, 8 and 9 shall survive any termination or expiration of this Agreement. CHARGES You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet service provider. The following convenience fee will be charged on all transactions: 5% per license, per state.
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