Confidentiality, Nondisclosure & Conflict of Interest
I may be afforded access to proprietary information, confidential documents, and Exam materials, and I hereby agree that I shall not disclose or provide to any person or entity, directly or indirectly, any information or pertaining to the preparation, Exam, and/or grading services provided by National Registry. I agree not to participate in any activity, either as a volunteer or for pay, in which there may be a conflict of interest with activities related to the National Registry examination programs and agree to bring potential or actual conflicts of Interest to the attention of National Registry. I agree that I will not examine any of the Exam materials, unseal any sealed Exam booklets, or divulge any Exam content with examinees before, during, or after the Examination. It is understood that all documents, Exam questions, or confidential information received from National Registry are and shall remain the exclusive property of National Registry, and that all documents or information shall be returned promptly to National Registry.
Controlling Law/Venue
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the internal laws of the State of Florida, without regard to conflict of law principles. This Agreement shall not be construed for or against either party. Venue for any legal proceeding or action at law arising out of or construing this Agreement shall lie solely and exclusively in the state courts of Orange County, Florida, or the United States District Court for the Middle District of Florida, Orlando Division. Both parties acknowledge that this Agreement was created in and will be partially performed in the State of Florida, and therefore, each party agrees to submit to the exclusive personal jurisdiction of the State of Florida for a resolution of all disputes arising in connection with the interpretation, construction or enforcement of this Agreement, and each party hereby waives any claim or defense to such courts, including any claim or defense that such courts constitute an inconvenient forum.
Attorney's Fees
If either party initiates or is made a party to legal proceedings in connection with this Agreement, then the non-prevailing party in those proceedings will pay the costs and reasonable attorneys' fees of the prevailing party.
Severability
Legal unenforceability of a single provision in this Agreement shall not prevent enforcement of any other provisions of this Agreement.
Contract Breach
Any breach of this Agreement, including inappropriate conduct such as lying or cheating while participating in an Exam which shall be deemed a material breach, shall permit National Registry to pursue all available legal remedies, including seeking monetary damages and injunctive relief in addition to resulting in future exclusion from any and all National Registry certification designations, examinations, and other programs. I understand that should I fail to follow the standards set forth by the National Registry, or the procedures provided in the Manual, my privilege as a Test Administrator/Proctor will be revoked and that National Registry shall have the right to announce and publish such revocation in whatever form and location(s) as National Registry deems appropriate in its sole discretion and in order to protect the public.
New Accounts
I agree to abide by and adhere to all financial requirements as presented on the Account Billing Form.
Code of Conduct
I understand that my personal standards of honor and integrity must, at all times, be above reproach and I must conduct myself in a manner that reflects favorably on my profession. By doing so, I will strive to create an ethical climate within my organization, my industry and the community of clients which I serve; building honesty and trustworthiness in all relationships and ensuring reliability in performing my assigned responsibilities. I agree to:
- Be truthful and accurate in what I say, do, and write.
- Adhere to the law at all times.
- Promote and encourage the highest level of food safety within the industry.
- Not misrepresent nor permit misrepresentation of my qualifications or the qualifications of my associates.
- Maintain due regard for the environment and for the public safety, health, and well-being.
- Strive to maintain competence by remaining current with changes in the industry.
- Understand the certificate, logo, and marks for the FSMCE/ICFSM are the intellectual property of National Registry; and I will use such property only in a manner approved by National Registry.
- Uphold and follow all policies and procedures required by National Registry to remain in good standing.
- Report to National Registry any pending litigation and resulting resolution related to my work in food safety.
- Avoid any interest, activity, or influence which may be intended to influence a decision purely for personal gain and not in the interest of public safety.