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good faith belief that such access preservation or disclosure is reasonably necessary
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or materials on the Site. If you make other use of the Site, or the content, code, data
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reliability of the use of the materials on its Internet web site or otherwise relating to
such materials or on any sites linked to this site.
In no event shall testinnovators.com or its suppliers be liable for any damages (including,
without limitation, damages for loss of data or profit, not getting accepted to schools,)
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typographical, or photographic errors testinnovators.com does not warrant that any
of the materials on its web site are accurate, complete, or current. testinnovators.com
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testinnovators.com does not, however, make any commitment to update the materials.
notice. By using this web site you are agreeing to be bound by the then current version of
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10. Governing Law
Any claim relating to testinnovators.com 's web site shall be governed by the laws of the
State of Washington without regard to its conflict of law provisions.
11. Statement Concerning Our Privacy Practices
Your privacy is very important to us. Accordingly, we have developed this statement concerning
our privacy practices in order for you to understand how we collect, use, store, process, and
disclose the personal information that you provide to us from time to time in connection with
your use of the Service.
From time to time, in connection with your use of the Service, we may ask you to provide us
with your personal information.
We will collect your personal information by lawful and fair means.
We will not collect your personal information without your knowledge or consent.
We primarily will use the personal information that you provide to us to offer the Service to you,
including occasional email communications with you concerning the Service, your activities
on this web site, your transactions with us, and communications with us that you initiate.
However, we may also communicate with you about improvements we have made, or are
planning to make, to the Service; premium features of the Service that we may make
available to you from time to time; and related products and services that we offer, now or
in the future.
Also, we may share your personal information with partners or other third parties in order
to allow you and such parties to communicate with each other about additional products
and services that may be of interest to you.
And, we may use information concerning your usage of this web site and the Service and
personal information that you provide to us, in an anonymized and aggregated format, for
purposes of conducting research (both internal and external) and improving the Service
for you and other users.
If we are seeking to collect your personal information for a purpose that is not related or
otherwise compatible with the purposes described above, before or at the time of collecting
your personal information, we will identify the purposes for which your personal information
is being collected.
We will collect and use your personal information solely with the objective of fulfilling those
purposes described in this statement, those purposes otherwise identified by us (as
described in the previous sentence), and for other compatible purposes.
Also, we will retain your personal information only as long as necessary for the fulfillment
of those purposes described, collectively, in the previous sentence.
Personal information supplied to us by you should be relevant to the purpose, or purposes,
for which it is to be used by us, and, to the extent necessary for those purposes, should be
accurate, complete, and up-to-date.
We will protect your personal information by reasonable security safeguards against loss or
theft, as well as unauthorized access, disclosure, copying, use, or modification.
By accepting these terms of service, you authorize us to collect, use, store, process, and
disclose the personal information that you provide to us in accordance with this statement
of our privacy practices.
We will make available to you, on this web site or at your request, information about our
policies and practices relating to the collection, use, storage, processing, and disclosure
of personal information.
We understand that you may have preferences for how your personal information is used.
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or services or you may wish to have us update or delete your personal information that we
have stored on our systems. You may opt out of e-mail communications that you receive
by clicking on any opt-out link that may be provided within the e-mails. You can also send
an email to us at firstname.lastname@example.org or call us at 1-800-280-1857, if you wish to
communicate your preferences. Please understand that if you opt out of receiving certain
communications from us or others, we may still use your personal information to communicate
with you about the Service, including, for example, your future activities on this web site, your
future transactions with us, and communications with us that you initiate in the future.
You agree that Test testinnovators.com may, under certain circumstances and
without prior notice, immediately terminate your testinnovators.com account,
any associated email address, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, (f) engagement by you in
fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in
connection with the Services. Termination of your testinnovators.com account
includes (a) removal of access to all offerings within the Service, (b) deletion of your
password and all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring of further use of the Service. Further,
you agree that all terminations for cause shall be made in testinnovators.com sole
discretion and that testinnovators.com shall not be liable to you or any third party for
any termination of your account, any associated email address, or access to the Service.
13. Member Conduct
You agree to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
b) threaten or harm minors in any way, including, but not limited to: verbal abuse,
physical abuse, or refusal to vaccinate against known diseases;
c) stalk or otherwise harass an testinnovators.com employee or another user;
d) impersonate any person or entity, including, but not limited to, a
testinnovators.com representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
e) forge headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
f) upload, post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary
g) upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of any party;
h) upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those areas that
are designated for such purpose;
i) upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
j) disrupt the normal flow of dialogue or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
k) interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
l) intentionally or unintentionally violate any applicable local, state, national or
international law, and any regulations having the force of law; and/or
m) collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in the paragraphs above.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service (including your testinnovators.com
username), use of the Service, or access to the Service. You agree that your
testinnovators.com account is non-transferable.
You agree to indemnify and hold testinnovators.com and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or otherwise make available through the Service,
your use of the Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
15. Supplemental Programs
Test Innovators ("the Company") offers a test-related tutoring consultation to purchasers
and subscribers of testinnovators.com. Consultations are a supplemental offering and
must be arranged independently of the materials-purchase process. The Company's
failure to provide a consultation in situations including, but not limited to, too-short notice,
lack of tutor availability, or lack of your availability, does not constitute grounds for refund
of payment for preparation materials.
16. General Information
The Terms of Service constitutes the entire agreement between you and
testinnovators.com and governs your use of the Service, superseding any prior
agreements between you and testinnovators.com with respect to the Service. You
also may be subject to additional terms and conditions that may apply when you use
or purchase certain other testinnovators.com services, affiliate services, third-
party content or third-party software. The TOS and the relationship between you and
testinnovators.com shall be governed by the laws of the State of Washington and the
federal laws of the United States of America applicable herein.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TESTINNOVATORS.COM AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
2. TESTINNOVATORS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM TESTINNOVATORS.COM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TESTINNOVATORS.COM AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF TESTINNOVATORS.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE
USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V)
ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
a) Payments for purchases and subscriptions can be made via PayPal or credit card. All
prices are listed in US dollars.
b) Test Innovators offers a thirty-day money-back satisfaction guarantee on all
purchased practice tests. This is not a rental program. Money-back guarantee is voided
if you or your student have taken eight or more test sections prior to your contact with
support regarding a refund. If you receive a refund under the guarantee due to dissatisfaction,
you waive your right to the money-back guarantee on any future purchases.
Subscribers are guaranteed to receive the services outlined on the subscription
page for the duration of their subscription. Services are effective and available
immediately upon receipt of payment.
If you have any questions regarding the above policies please contact us.