Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Testprepinsight.com (“Testprepinsight.com,” the “Company,” “we,” “our” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of Testprepinsight.com, including any content, functionality, and services offered on or through Testprepinsight.com (the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
These Terms of Use contain a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate; please see the Legal Disputes section.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. But any changes to the dispute resolution provisions set out in Governing Law will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making
all arrangements necessary for you to have access to the Website. - Ensuring
that all persons who access the Website through your internet connection
are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights
The Website and its entire contents, features, articles, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Testprepinsight.com, its licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your
computer may temporarily store copies of such materials in RAM incidental
to your accessing and viewing those materials. - You
may store files that are automatically cached by your Web browser for
display enhancement purposes. - You
may print or download one copy of a reasonable number of pages of the
Website for your own personal, non-commercial use and not for further
reproduction, publication, or distribution. - If we
provide desktop, mobile, or other applications for download, you may download
a single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end
user license agreement for such applications.
You must not:
- Modify
copies of any materials from this site. - Use
any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text. - Delete
or alter any copyright, trademark, or other proprietary rights notices
from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you want to republish material on the Website other than that set out in this section, please submit your request to: info@testprepinsight.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any
way that violates any applicable federal, state, local, or international
law or regulation (including, without limitation, any laws regarding the
export of data or software to and from the US or other countries). - For
the purpose of exploiting, harming, or attempting to exploit or harm
minors in any way by exposing them to inappropriate content, asking for
personally identifiable information, or otherwise. - To
transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation. - To
engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as determined by us, may harm the
Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use
the Website in any manner that could disable, overburden, damage, or
impair the site or interfere with any other party’s use of the Website,
including their ability to engage in real time activities through the
Website. - Use
any robot, spider, or other automatic device, process, or means to access
the Website for any purpose, including monitoring or copying any of the
material on the Website. - Use
any device, software, or routine that interferes with the proper working
of the Website. - Introduce
any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful. - Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any
parts of the Website, the server on which the Website is stored, or any
server, computer, or database connected to the Website. - Attack
the Website via a denial-of-service attack or a distributed
denial-of-service attack.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You
own or control all rights in and to the User Contributions and have the
right to grant the license granted above to us and our affiliates and
service providers, and each of their and our respective licensees,
successors, and assigns. - All of
your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove
or refuse to post any User Contributions for any or no reason in our sole
discretion. - Take
any action with respect to any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User
Contribution violates the Terms of Use, including the Content Standards,
infringes any intellectual property right or other right of any person or
entity, threatens the personal safety of users of the Website or the
public, or could create liability for the Company. - Disclose
your identity or other information about you to any third party who claims
that material posted by you violates their rights, including their
intellectual property rights or their right to privacy. - Take
appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website. - Terminate
or suspend your access to all or part of the Website for any violation of
these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain
any material that is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory, or otherwise objectionable. - Promote
sexually explicit or pornographic material, violence, or discrimination
based on race, sex, religion, nationality, disability, sexual orientation,
or age. - Infringe
any patent, trademark, trade secret, copyright, or other intellectual
property or other rights of any other person. - Violate
the legal rights (including the rights of publicity and privacy) of others
or contain any material that could give rise to any civil or criminal
liability under applicable laws or regulations or that otherwise may be in
conflict with these Terms of Use and our Privacy Policy. - Be
likely to deceive any person. - Promote
any illegal activity, or advocate, promote, or assist any unlawful act. - Impersonate
any person, or misrepresent your identity or affiliation with any person
or organization. - Give
the impression that they emanate from or are endorsed by us or any other
person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our consent.
This Website may provide certain social media features that enable you to:
- Link
from your own or certain third-party websites to certain content on this
Website. - Send
emails or other communications with certain content, or links to certain
content, on this Website. - Cause
limited portions of content on this Website to be displayed or appear to
be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish
a link from any website that is not owned by you. - Cause
the Website or portions of it to be displayed on, or appear to be
displayed by, any other site, for example, framing, deep linking, or
in-line linking. - Link
to any part of the Website other than the homepage. - Otherwise
take any action with respect to the materials on this Website that is
inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada, in each case located in the City of Reno and County of Washoe, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration/Class Waiver/Opt-Out Clauses
You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of the Terms of Use, your use of or access to our services, or any products or services sold, offered, or purchased through our services (“Dispute”).
- You
and we agree to submit the Dispute to a single arbitrator under the
then-current Commercial Arbitration Rules of the American Arbitration
Association (AAA), including when applicable the Optional Rules for
Emergency Measures of Protection and the Consumer Arbitration Rules, or,
by separate mutual agreement, at another arbitration institution. The
AAA’s rules, information regarding initiating a claim, and a description
of the arbitration process are available at adr.org. - The
location of the arbitration and the allocation of fees and costs for such
arbitration shall be determined in accordance with the AAA rules. As an
alternative, you or we may bring a claim in your local “small claims”
court, if permitted by that small claims court’s rules. - The
Federal Arbitration Act governs the interpretation and enforcement of this
section (“Legal Disputes”) regarding our agreement to arbitrate any
Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute.
The arbitrator will decide whether the Dispute can be arbitrated. - You
and we agree that each of us may bring a Dispute against the other only on
our own behalf, and not on behalf of a government official or other person
or entity, or a class of persons or entities. You and we agree, if we are
a party to the proceeding, not to participate in a class action, a
class-wide arbitration, a claim brought in a private attorney general or
representative capacity, or a consolidated claim involving another
person’s use of the Website or our services. You and we agree not to
combine a claim that is subject to arbitration under the Terms of Use with
a claim that is not eligible for arbitration under the Terms of Use. You
and we agree to waive the right to a trial by jury for all disputes. - You
may opt out of this Agreement to Arbitrate. If you do so, neither you nor
we can require the other to participate in an arbitration proceeding. To
opt out, you must notify us within 30 days of the date that you first
became subject to this Agreement to Arbitrate, by email at info@testprepinsight.com.
You must include: (1) your name and residence address; (2) the email
address and/or mobile telephone number associated with your account; and
(3) a clear statement that you want to opt out of this Agreement to
Arbitrate. - If
the prohibition against class actions and other claims brought on behalf
of third parties contained in paragraph above is found to be
unenforceable, then all of paragraphs of this section (“Legal Disputes”)
will be null and void as to that Dispute. - This
Agreement to Arbitrate will survive the termination of your relationship
with us. - Unless
you and we agree otherwise, if you opt out of the Agreement to Arbitrate,
if the Agreement to Arbitrate is found by a court to be unenforceable, if
your claim is not covered by the Agreement to Arbitrate, or if you neither
are a resident of nor have a principal place of business in the US or
Canada, you agree that any Dispute that has arisen, or may arise, between
you and us must be resolved exclusively by a state or federal court
located in Washoe County, Nevada. You and we agree to submit to the exclusive
and personal jurisdiction of such courts for all purposes in connection
with this Agreement to Arbitrate. - Notwithstanding
any provision in the Terms of Use to the contrary, you and we agree that
if we make a change to this Agreement to Arbitrate (other than a change to
the notice address or the site link provided herein) in the future, that
change shall not apply to a claim that was filed in a legal proceeding
between you and us prior to the effective date of the change. The change
shall apply to all other disputes or claims governed by the Agreement to
Arbitrate that have arisen, or may arise, between you and us. We will
notify you of a change to this Agreement to Arbitrate by posting the
amended terms on our Services at least 30 days before the effective date
of the change and/or by email.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@testprepinsight.com