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8. Content on Testingmom.com
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To develop materials used in these practice questions, the employees of TestingMom.com relied on readily available public information and their own creative thinking. ITBS® – Iowa Tests of Basic Skills® , Woodcock Johnson Tests of Achievement®, WPPSI™-III and IV, WISC®-IV, OLSAT®, Bracken™ (BSRA™), CogAT®, NNAT®/Naglieri®, CTP®-ERB (Comprehensive Testing Program), Stanford-Binet® IV and V, ISEE® (Independent School Entrance Exam®), Raven’s Progressive Matrices™, Torrance® Tests of Creative Thinking (TTCT®), Structure of Intellect Learning Abilities Test™ (SOI-LA™), Reynolds® (RIAS®) and KBIT™-2 are trademarks of their respective publishers or their affiliate(s), or their licensors (“Publishers”). The Publishers of these tests have not approved the material in these practice questions. The concepts and activities in these practice questions are based upon public knowledge and publicly available information and are in no way identical to questions and activities on the actual tests. TestingMom.com is not affiliated with nor related to the respective Publishers of these tests. The Publishers do not sponsor or endorse any TestingMom.com product, nor have TestingMom.com products or services been reviewed, certified, or approved by the Publishers. Trademarks referring to specific test providers are used by TestingMom.com for nominative purposes only and such trademarks are solely the property of their respective owners.
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10. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE TESTINGMOM.COM THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
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14. Blocking of IP Addresses. In order to protect the integrity of the Services, TestingMom.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
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Arbitration Provision. You agree that you will solely submit any controversy or claim arising out of or relating to the interpretation or performance of this Agreement (“Claim”) to binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. In the even that any arbitration proceeding is concluded and a decision or award is entered in favor of any party, the arbitrator rendering the award shall make an award of reasonable attorney’s fees in favor of the prevailing party or parties and against the non-prevailing party or parties. For purposes of this provision, the “prevailing party or parties” shall be determined by the arbitrator. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York.
Notwithstanding the paragraph above, in the event that the Arbitration Provision of this Agreement is found to be unenforceable, and any Claim is brought and heard in any state or federal court in the State of New York, and a decision or award is entered in favor of any party, the judge shall make an award of reasonable attorney’s fees in favor of the prevailing party or parties and against the non-prevailing party or parties. For purposes of this provision, the “prevailing party or parties” shall be determined by the judge.
17. Copyright Policy
TestingMom.com prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent by certified mail to:
Legal Department, TestingMom.com,131 Varick Street, Suite 1029, New York, NY 10013 (tel.: (917) 510-3115).
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to TestingMom.com at the address shown above, giving a written statement that contains:
(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address, and daytime telephone number, and an e-mail address if available;
(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
(f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
TestingMom.com will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
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19. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
20. Other. This Agreement contains the entire agreement between you and TestingMom.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
21. AVAILABILITY OUTSIDE THE U.S.
22. SEVERABILITY; WAIVER.
Please contact us with any questions regarding this agreement. TestingMom.com is a trademark of TestingMom.com, L.L.C.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.