Terms of Use Agreement

TESTS.COM is a test and testing directory resource. The website is owned and operated by Tests.com LLC.

Acceptance of Terms of Use

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for use of the TESTS.COM website. By using TESTS.COM, you agree to be bound by this Agreement, whether you simply browse the website or use its directory and other services. You are only authorized to use TESTS.COM if you agree to abide by all applicable laws and to this Agreement. If you do not agree to these terms, you should not use this website.

Changes to Terms of Service

TESTS.COM may modify this Agreement from time to time and such modification shall be effective upon posting on the website. You agree to be bound to any changes to this Agreement when you use TESTS.COM after any such modification is posted.

Privacy

Any information submitted on TESTS.COM is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy for complete details.

Limitations on Use

TESTS.COM uses a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects on its website. TESTS.COM provides the information, content or advertisements (which we collectively call the "Materials") on TESTS.COM FOR INFORMATIONAL USE ONLY.

Accordingly, you may view, use, copy, and distribute the Materials found on TESTS.COM for internal, informational purposes only and may not sell this Material. Furthermore, you are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to TESTS.COM. You may not use TESTS.COM to compile a collection of listings, including a competing listing product or service. You may not use the site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by TESTS.COM and/or any third party owner of such rights.

Copyright

The compilation of all content on this site is the exclusive property of Tests.com LLC and protected by U.S. and international copyright laws. All content included on TESTS.COM website, including text, graphics, photographs, button icons, images, audio/video clips, logos, designs, digital downloads, data compilations, and software, is the property of Tests.com LLC or its contractors, suppliers or advertisers and is protected by United States and international copyright laws. They should not be reproduced or used without express written permission from Tests.com LLC or its respective owners. All copies that you make of the Materials or this site must bear any copyright notice that pertains to the material being copied.

Trademarks

The trade names and logos and all related products and service names, design marks and slogans of TESTS.COM are trademarks and service marks owned by Tests.com LLC. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this site must bear any trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any TESTS.COM name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Tests.com LLC. Requests for authorization should be made to admin@tests.com.

No Endorsement made by TESTS.COM

TESTS.COM does not investigate, represent or endorse the accuracy, legality, legitimacy, validity, quality or reliability of any products, services, deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the TESTS.COM website.

References that are made to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply an endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the TESTS.COM website (the "Products").

Content Disclaimer

TESTS.COM communicates information provided and created by advertisers, content partners, test publishers and manufacturers, marketing agents, employees, users, resellers and other third parties. TESTS.COM has no control over the accuracy of such information on our pages, and material on the TESTS.COM website may include technical inaccuracies or typographical errors.

We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.

TESTS.COM reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the website. Where appropriate, we will endeavor to update information listed on the website on a timely basis, but shall not be liable for any inaccuracies.

Links to external Internet sites are provided within the content on the website as a convenience to users. The listing of an external site does not imply endorsement of the site by TESTS.COM or its affiliates. TESTS.COM does not make any representations regarding the availability and performance of its website or any of the websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from TESTS.COM, your browser automatically may direct you to a new browser window that is not hosted or controlled by TESTS.COM. TESTS.COM and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.

We reserve the right to disable links to or from third-party sites to TESTS.COM, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on TESTS.COM, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

Disclaimer on User Content

You are solely responsible for the notes, text, information and other content that you upload, publish or display (hereinafter, "post") on Tests.com (collectively the "User Content").  For instance, you may post information to Tests.com's test notes service while taking an interactive practice test.

Tests.com is not responsible or liable in any manner for any User Content posted on Tests.com in connection with the use of its interactive test products.  Tests.com is not responsible for maintaining any User Content and Tests.com may take down any functionality associated with creating User Content, like test notes, along with any User Content, at any time, in Tests.com's sole discrretion, without notice to the author of any User Content.  The author is solely responsible for storing or maintaining an independent record or copy of the User Content at his or her own cost and expense.  Typically, User Content, such as test notes, are stored on Tests.com's system for the duration of an account created by a person who uses Tests.com's interactive test service.  While this may be a policy, it is not a promise of Tests.com or an agreement of continued storage between the parties, and the author is urged to maintain a separate record of his or her posts.

You may remove your User Content from Tests.com at any time during the duration of your account.

Warranty Disclaimers

Any use of TESTS.COM, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. TESTS.COM disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the TESTS.COM results.

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TESTS.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. TESTS.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TESTS.COM DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

IN NO EVENT SHALL TESTS.COM BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF TESTS.COM IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. TESTS.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Sites

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through TESTS.COM, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that Tests.com LLC is not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the website. You acknowledge and agree that Tests.com LLC is not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing TESTS.COM. Tests.com LLC does not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on TESTS.COM.

Monitoring of Materials Transmitted by You

Changes may be periodically incorporated into this website. Tests.com LLC may make improvements and/or changes in the products, services and/or programs described in TESTS.COM and the Materials at any time without notice.

Tests.com LLC is under no obligation to monitor the material residing on or transmitted to TESTS.COM. However, anyone using this website agrees that TESTS.COM may monitor the website contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the website properly or to protect itself and its users. TESTS.COM reserves the right to modify, reject or eliminate any material residing on or transmitted to its website that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms of Use.

Deletion from Service

TESTS.COM will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. TESTS.COM reserves the right to delete any materials it deems detrimental to the system or is, or in the opinion of TESTS.COM, may be, defamatory, infringing or violate of applicable law. TESTS.COM reserves the right to exclude Material from the website. Materials submitted to TESTS.COM for publication on the website may be edited for length, clarity and/or consistency with TESTS.COM editorial standards.

Indemnification

You agree to indemnify and hold us and (as applicable) our members, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

Intellectual Property Complaints

TESTS.COM respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on TESTS.COM any materials that violate another party’s intellectual property rights. When we receive notification of Infringement, we promptly remove or disable access to the allegedly infringing material pending investigation and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (“DMCA”).  If you believe in good faith that materials hosted by TESTS.COM, including User Content, infringe your copyright, you may send TESTS.COM a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TESTS.COM to locate the material on the TESTS.COM site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TESTS.COM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Mark Mellett, DMCA Designated Agent, 443 Speedwell Forge Road, Lititz, PA, at mmellett@wmgmt.com.  TESTS.COM suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Forum and Applicable Law Clause

This Agreement and the relationship between you and Tests.com LLC shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and Tests.com LLC irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Allegheny, in the Commonwealth of Pennsylvania, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

General Information

TESTS.COM reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. TESTS.COM reserves the right to seek all remedies available at law and in equity for violations of these Terms.

The failure of TESTS.COM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by TESTS.COM of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

April 2012