By entering and using HTTP://WWW.EXAMPERFORMANCE.COM
|1. Agreement to Be Bound.
|2. Registered Users.
|3. Minor. A Registered User must be (a) an adult according to the laws of his or her state of residence or (b) an emancipated minor.
|4. Use of the Website Not Permitted Where Restricted or Prohibited by Law. Access and use of the Website is not permitted in any place where such access and/or use is restricted or prohibited by law.|
|5. Manner and Duration of Use of the Content. A Registered User is hereby licensed to access and use the Service only for the period of time for which the Registered User has registered and paid in full (“Use Period”), which unless otherwise stated shall be for one (1) year from the date of purchase. During the Use Period, the Registered User may use the Content as follows:
|8. Reservation of Rights. The Company reserves all rights under copyright, trademark and other intellectual property rights in and to the Website, the Service and the Content in its entirety, including but not limited to titles, trademarks, trade dress, artwork, text, design, audio and visual content, format, configuration, “look and feel,” selection, arrangement and coordination, and all other content of the Website, subject only to the licenses and permissions that may be granted by the Company to a Registered User. 8. Reservation of Rights. The Company reserves all rights under copyright, trademark and other intellectual property rights in and to the Website, the Service and the Content in its entirety, including but not limited to titles, trademarks, trade dress, artwork, text, design, audio and visual content, format, configuration, “look and feel,” selection, arrangement and coordination, and all other content of the Website, subject only to the licenses and permissions that may be granted by the Company to a Registered User.|
|10. Cautions and Disclaimers.|
|10.1 No Endorsement, Sponsorship, Affiliation or Guarantee by the Company. The Company does not endorse, sponsor, or guarantee any of the information, advice, goods, services, or other resources that may be mentioned or made accessible throughout the Website. The Company does not endorse or sponsor, and is not affiliated with, the advertisers or providers of such information, advice, goods, services, or other resources.|
|10.2 No Guarantees. The Company cannot and does not guarantee that use of the Website, the Service and/or the Content will result in any particular level of performance in standardized tests and/or any other educational, personal or career endeavors or will bestow any other particular benefits on the User. The User assumes the risk of the results or lack of results from his or her use of the Website, the Service and/or the Content.|
|10.3 No Guarantee Regarding Availability or Quality of Internet Service. The Website may cease to be available, and/or may not operate at peak speed and efficiency, during periods of maintenance and third-party service interruptions and/or by reason of the Userâ€™s computer equipment and/or Internet connection and/or for other reasons beyond the control of the Company. Accordingly, the Company makes no guarantee regarding the availability or quality of Internet service relating to the Website.|
|10.4 General Disclaimer of Liability. The Website, the Service and the Content are made available to Users on an “as-is” basis without warranties or guaranties of any kind, and the Company disclaims any liability for any injury or damage resulting from the access to and/or use thereof, and/or any information, advice, goods, services, or other resources that may be mentioned or made accessible through the Website. Users acknowledge and agree that, in connecting to the Website, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of the Company and its vendors and suppliers. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of the Website and/or the Website Content, or any portion thereof, or any data or other information transmitted in connection with the use of the Website.
To the greatest extent permitted by law, the Company disclaims all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of rights of third parties, and fitness for any particular purpose, regarding the Website, the Service and the Content and/or the other goods and services offered by the Company.
The Company, its licensors, and its vendors and suppliers make no representations, warranties or indemnities about the accuracy, reliability, completeness, correctness, effectiveness, or timeliness of the Website, the Service, and/or the Content, or that any of the foregoing satisfy any applicable laws or government regulations.
|11. Advertisements. The Website may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, the Company does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Website.|
|13. Limitations on Liability. The Website, the Service and the Content are made available to Users without warranties, representations or indemnities of any kind whatsoever. THE COMPANY, ON BEHALF OF ITSELF AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, PARTNERS, JOINT VENTURERS, PRINCIPALS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, ASSOCIATES, AFFILIATES, JOINT VENTURERS, AGENTS AND REPRESENTATIVES, SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN COPYRIGHT, TRADEMARK, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). The maximum liability of the Company to Users based on the claim of any person, firm or corporation arising out of or in connection with the Website, the Service and/or the Content shall in no case exceed the actual amounts, if any, paid by the User to the Company.|
|14. Take-Down Notices Under the DMCA. The Company will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted to the following
Designated Agent for the Website:
Service Provider(s): Exam Performance Publishing, LLC
|(a) Using the Website to transmit or post any material that contains or contains links to pornography, adult content, sex, or extreme violence or to disseminate or transmit any material that, to a reasonable person, may be abusive, obscene, pornographic, grossly offensive or malicious.
(b) Using the Website to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
(c) Using the Website to harm, or attempt to harm, minors in any way.
(d) Using the Website to transmit or post any material that is defamatory or harassing or which threatens or encourages bodily harm or destruction of property.
(e) Using the Website to make fraudulent misrepresentations or offers including but not limited to offers relating to “pyramid schemes” and “Ponzi schemes.”
(f) Using the Website to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures or another entity’s software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
(g) Using the Website to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other intellectual proprietary or proprietary rights of any third party, including but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(h) Using the Website to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(i) Using the Website to disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes or email on a daily basis or to create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication.
(j) Using the Website to export, ex-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions.
(k) Using the Website or its server as an “open relay” or for similar purposes.
(l) Using the Website for any activity that adversely affects the ability of other people or systems to use the Website or the Internet, including but not limited to using the Website for the dissemination or transmission of any virus, Trojan horse or other malicious, harmful or disability data, work, code or program or for “denial of service” attacks against another website, network or any other person or entity, and/or for interference with or disruption of other websites, services or equipment.
|Collection and Use of Personal Information. User information is collected upon registration and/or log-in. Such personal information may include, but is not limited to, the User’s legal name, email address, mailing address, IP address, age, contact phone number, school affiliation, occupation, username, password, and other particulars requested by the Company and/or provided by the User.|
|For any transaction requiring payment, credit card and/or other e-commerce information may be collected|
|Once a User has registered with the Website, the User will not be able to delete his or her profile or any records of his or her activity or usage of the Website from the Company’s database. Users will, however, be able to review, update or change personal information on file with the Company. To view personal information or make such changes, Users should contact us at firstname.lastname@example.org.|
|The Company may employ “Cookie” technology to keep track of a User’s current session and to keep track of a User’s information between visits. Cookies are small text files stored on the User’s computer that a website can use to recognize repeat users and to facilitate each user’s ongoing access to and use of a website. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. Users should be aware that the Company cannot control the use of “cookies” by advertisers or third parties hosting data for the Company.|
|The Company conducts research on the demographics, interests, and behavior of Users based upon the information provided at registration, during the use of the Website, or from surveys and/or generated by or maintained in the server log files for the Website. Such personal information is compiled and analyzed on an aggregated basis, and, occasionally, the Company may share the aggregated data with advertisers or business partners.|
|The Company will not sell or trade the personal information of Users to any list broker or direct mail advertisers unless a User specifically give his or her consent to the Company to do so.|
|Children’s Online Privacy. The Company does not provide services directed to children or otherwise target children and does not collect personal information from children under the age of 18 except as set forth below.
Individuals under the age of 18 may not become Registered Users unless he or she is an emancipated minor.
Individuals between the ages of 13 and 17 may be permitted to access and use the Website if authorized to do so as a “Designated Minor” by a parent or guardian who is a Registered User. Under such circumstances, personal information may be collected from the Designated Minor with the authorization and approval of the Registered User.
The age, legal capacity, and other pertinent information regarding Registered Users, Designated Minors and emancipated minors are subject to verification by the Company through signed documents, proof of age and identity, and other suitable documentation in compliance with the applicable provisions of the Childrenâ€™s Online Privacy Protection Act (COPPA).
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