PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. FOR EXAMPLE, THE ARBITRATION SECTION BELOW CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT THE PARTIES MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. This Agreement may be modified by TestingMom.com from time to time, such modifications to be effective upon posting by TestingMom.com on the Website. By accessing and/or using the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
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To the greatest extent permitted by law, the content and functionality on the Website and the services provided by employees of the Website are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TestingMom.com makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Website content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of this Website and the Service is at your sole risk. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL TESTINGMOM.COM, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF TESTINGMOM.COM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
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Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Content on Testingmom.com
(a) Proprietary Rights. TestingMom.com retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of TestingMom.com, and its licensors. Except where we have given your express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on TestingMom.com is proprietary. The Content (as defined below) is copyrighted material of TestingMom.com and for TestingMom.com Members’ use only. Distribution of Content to others is strictly prohibited. You agree that TestingMom.com would be irreparably harmed by any violation or threatened violation of this section and that, therefore, TestingMom.com shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have. 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, Otis-Lennon School Ability Test® (OLSAT®), Bracken™ (BSRA™), Cognitive Abilities Test® (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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- 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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- Subscriptions; Charges on Your Billing Account.
(a) General. TestingMom.com bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay TestingMom.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize TestingMom.com to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. TestingMom.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. TestingMom.com may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by TestingMom.com) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before TestingMom.com could reasonably act. Contact TestingMom.com at firstname.lastname@example.org to change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”). For your convenience, we take your payment information so that your TestingMom.com membership will not be interrupted. We auto-renew your membership at the level you selected. Your TestingMom.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). To cancel, change or resign your subscription at any time, log onto TestingMom.com with your username and password, click the “My Account” tab at the top of the homepage, and follow the prompts to cancel. Alternatively, you may terminate your membership and/or subscription by contacting us at email@example.com. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a refund of any portion of the subscription fee paid for the then-current subscription period.
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- Arbitration Provision/No Class Action.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. USE OR ACCESSING THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION.
Except where prohibited by law, as a condition of using the Website and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration (except for matters that may be taken to small claims court), 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. The party filing arbitration must submit Claims to the American Arbitration Association (or other mutually agreeable organization) and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held in the County of Collin, in the State of Texas or at a place agreed upon by TestingMom.com, and the arbitrator shall apply Texas law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at www.adr.org. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association, 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. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by you or us. The arbitrator’s award is final and binding on the parties. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Texas, County of Collin, or the United States District Court for Collin county. 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 Texas, County of Collin, or the United States District Court for the county of Collin, Texas.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
AS NOTED ABOVE, YOU AND TESTINGMOM.COM HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Copyright Policy. [TO BE CONFIRMED] 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) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Legal Department, TestingMom.com, 7460 Warren Pkwy Suite 100, Frisco, TX 75034 (tel.:877-609-6203)
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) or other applicable copyright law. 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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Without limiting the foregoing, if you provide access to or share or disclose the Content or your login credentials to your Website account with any third party in violation of this Agreement, you agree that: (i) you will be responsible for any and all acts and omissions of such third party in connection with their access to or use of the Content, Website, and/or Service, including their compliance with this Agreement, and any breach of this Agreement by such third party shall be deemed a breach by you; and (ii) on behalf of yourself, and any such third party, you hereby release, indemnify, discharge, hold harmless and covenant not to sue Testingmom.com, its subsidiaries, affiliates, officers, agents, and other partners and employees for any and all claims, liabilities, suits, demands, costs (including without limitation, attorneys’ fees), expenses and causes of action of any kind whatsoever arising from or in connection with the third party’s use of the Content, Website, and/or the Service.
- 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.
- In the event that TestingMom.com is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for TestingMom.com’s attorneys’ fees and costs. This Agreement contains the entire agreement between you and TestingMom.com regarding the use of the Website and/or the Service.
- Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect and the invalid provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, TestingMom.com’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect TestingMom.com’s ability to enforce such term at any point in the future.
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Please contact us with any questions regarding this agreement. TestingMom.com is a trademark of TestingMom.com, L.L.C.
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