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Terms and Conditions

StudentTestPrep.com

These Terms and Conditions of Use and Legal Notices (collectively, this "Agreement") pertain to all use or viewing of, or any submission of orders, information, or other materials to or through, the website located at http://www.studenttestprep.com (the “ Website"). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE WEBSITE OR SUBMITTING ANY ORDER OR OTHER INFORMATION TO THE WEBSITE (OR OTHERWISE TO STUDENTTESTPREP.COM IN RESPONSE TO ANY FEATURE OR CONTENT ON THE WEBSITE), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE OR SUBMIT ANY ORDER OR OTHER INFORMATION OR MATERIALS TO OR THROUGH THE WEBSITE (OR OTHERWISE TO STUDENTTESTPREP.COM IN RESPONSE TO THE WEBSITE).

StudentTestPrep.com (referred to herein as “we,” “us,” or a similar term) may amend, revise or update this Agreement at any time by posting the changes here. Your continued use of the Website means you accept and agree to such revisions and amendments. All such revisions will apply to all data and information submitted or acquired through the Website, whether before or after the date of such revisions, provided that if you do not agree to the retroactive application of such revisions to materials or information you submitted prior to the date of such revisions, you may so notify us within 90 days after the date such revisions were posted (through the contact information provided below), and we will use reasonable efforts to remove your information from applicable StudentTestPrep.com systems, which may also result in termination of your participation in certain features, functions, or services provided through the Website.

I. TERMS AND CONDITIONS OF OFFERS; RELATIONSHIP WITH VENDORS

(A) Relationship of Parties

The Website is operated by StudentTestPrep.com and certain offers for products or services may be authorized under an agreement between StudentTestPrep.com and the provider of such products or services (each, a “Vendor”). StudentTestPrep.com and each Vendor are separate and independent legal entities. We are not legally responsible for any Vendor activity, and no Vendor is legally responsible for any of StudentTestPrep.com’s activities.

When responding to any offer on the Website for a Vendor’s goods or services, or any premiums, rebates, or promotions offered in conjunction with such goods and services, or submitting an order to participate in any of the same, you will be entering into a transaction with the applicable Vendor and not with StudentTestPrep.com. Your only avenue of legal redress pertaining to or arising out of any Vendor product or service (or your order for it), or any premium, rebate, or promotion offered therewith, is against that specific Vendor.

If and when you submit an order for any Vendor products or services, you will be doing so at the Vendor’s website and not at the Website. You agree that we have no responsibility whatsoever arising out of your activities, or those of any Vendor, which arise out of your use or access to any Vendor (or any other third party) website, product, or service. This Agreement does not contain the legal terms applicable to the fulfillment or operation of any order for any Vendor’s products or services. Please refer to the applicable Vendor’s terms and conditions, typically provided on the Vendor’s order or registration forms for its products or services, for each Vendor’s own legal terms of sale or service and other legal notices.

If you contact StudentTestPrep.com about your order, StudentTestPrep.com personnel may transfer you or bring you into contact with Vendor personnel or Vendor agents to complete your order for such Vendor’s products or services and you agree that StudentTestPrep.com has no liability or obligation whatsoever arising out of events occurring or arrangements or agreements made after transferring you to Vendor personnel or agents. StudentTestPrep.com may not have access to Vendor records to confirm or discuss the terms of your order from such Vendor. StudentTestPrep.com does not provide any representations, warranties, or other legal obligations pertaining to any Vendor or other third party third party products or services offered on the Website, or assume any responsibility or liability for such third party products or services. Similarly, StudentTestPrep.com cannot provide customer care pertaining to usage of any Vendor products or services or billing support pertaining to payments made or payable to any Vendor.

(B) Eligibility

Not everyone who can view an offer on the Website is eligible to participate. Generally, offers are for individuals located in the United States in regions served by the applicable Vendor, subject to additional restrictions as stated on the Website or otherwise applied by the respective Vendor. Offers may also be limited to one individual per household or one offer per household, or otherwise similarly limited. In addition to other requirements which may be stated on the Website or applied by the applicable Vendor, offer participation may require a valid credit or payment card and good credit history.

(C) Pricing

Pricing is subject to any additional terms and conditions imposed by the applicable Vendor, but generally prices are quoted in U.S. dollars, are valid only in the United States, and shall be the quoted price for the product or service as shown on the Website at the time when you place the order, unless there is a manifest pricing error. Prices are not guaranteed. StudentTestPrep.com reserves the right to correct any pricing or offer error in its sole discretion and disclaims, to the maximum extent allowed by law, any obligation arising out of erroneous pricing or other erroneous terms. StudentTestPrep.com reserves the right to discontinue the promotion or display of any product or service listed at any time without notice. Prices may also vary from time to time depending on varying market conditions. StudentTestPrep.com cannot guarantee the availability of any particular product, model, or service or any particular quantity thereof, from any Vendor.

(D) Terms of Sale

Additional terms of sale may be provided on the Website or a Vendor’s website in conjunction with the description of each specific offer.

(E) Damaged Items and Returns

StudentTestPrep.com has no obligation to, and does not, participate in any returns of Vendor products or otherwise handle any issues regarding Vendor products or services.

II. TERMS AND CONDITIONS OF WEBSITE USE

(A) Use of the Website

You may use the Website solely for your lawful enjoyment and for your personal, non-commercial use. You agree to use the Website only for lawful purposes and not with the intent or effect of harm, damage, loss, deception, or fraud to StudentTestPrep.com, any Vendor, or any other party.

You agree that you will not do, or attempt to do any of the following: (1) upload to or transmit on the Website any defamatory, indecent, obscene, discriminatory, harassing, violent, deceptive, fraudulent or otherwise objectionable material, or any material that is, or may be, protected by trademark, copyright, publicity rights, privacy rights, or other moral rights, without permission from the lawful owner thereof; (2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail or any other communication not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload or transmit on the Website any advertisements or solicitations of any sort; (6) interfere with, restrict or inhibit another visitors' use or enjoyment of the Website; (7) upload or otherwise transmit files that contain a virus, malware, spyware, worms, or otherwise malicious, harmful or corrupted code or data; (8) collect information about others (including e-mail addresses or other personally identifiable information); (9) upload, download, or otherwise distribute or transmit any materials, messages, or links that you know, should know, or have reason to believe, cannot be distributed legally or that you have a contractual obligation not to distribute, disclose, or copy (notwithstanding its availability on the Website); (10) post "spam", chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by StudentTestPrep.com, exposes StudentTestPrep.com, any Vendor, or users of the Website to any harm, loss, damage, deception, liability or detriment of any type.

You specifically covenant, represent and warrant that you are not affiliated or related in any manner to any Vendor, sponsor, partner, provider, or other person about which you post or submit any opinion, review, statement, or other content, and that you are not affiliated or related in any manner to any competitor of any such sponsor, partner, provider, or other person.

StudentTestPrep.com may, but is not obligated to (1) remove from the Website any material (whether posted by you or otherwise) which StudentTestPrep.com, in its sole discretion, deems inconsistent with the restrictions and obligations set forth in this Agreement; (2) terminate yours or any other party’s access to all or part of the Website. However, StudentTestPrep.com has no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. StudentTestPrep.com reserves the right, but is not obligated, to take any action it deems necessary to protect the personal safety of users of the Website and the public.

The opinions and statements appearing on the Website are not those of StudentTestPrep.com or its management, and StudentTestPrep.com bears no responsibility for the accuracy or content of any material appearing on the Website. You expressly release StudentTestPrep.com and its officers, directors, employees, and agents from any liability or obligation relating to the third party opinions and statements appearing on the Website. The Website is intended as a public forum for the exchange of opinions regarding certain products and services, and you acknowledge that others' opinions may differ from your own and that the contents of any such opinions or assertions shall not give rise to any claim or right against StudentTestPrep.com, it sponsors, affiliates, officers, directors, employees, or agents, each of which you expressly hereby waive.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human would produce in the same period by using a conventional web browser. StudentTestPrep.com allows the operators of bona fide public search engines to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. StudentTestPrep.com reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use. You may not frame or otherwise reproduce any material or content from the Website.

(B) Intellectual Property.

The materials on the Website, including but not limited to images, photographs, audio and/or video content, illustrations, software, data, text, logos, trademarks, service marks, and trade dress are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. In addition, the Website as a whole is protected by copyright. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, retransmit or redistribute any of the material on the Website in whole or in part, provided that you may store such materials temporarily in RAM or a browser cache solely for display purposes through your personal web browser, and you may print a reasonable number of copies of the Website solely for the purpose of participating in an offer made on the Website for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor any intellectual property rights to any information or material in the Website are transferred to you, but remain with StudentTestPrep.com, the applicable Vendor, or the other applicable owner of such content.

You understand that by participating in any community, communications, forum, or opinion feature or service of the Website that the contents of your submissions and communications may be published and become public information, not subject to any obligations or rights of confidentiality or privacy. You shall be solely responsible for your own submissions and communications and the consequences of posting or publishing them. In connection with your submissions and communications, you represent and warrant that: (i) you own or have the necessary rights to use and authorize StudentTestPrep.com to use all submissions and communications to enable inclusion and use thereof in the manner contemplated by the Website and this Agreement. By communicating, posting or transmitting your opinions, comments, and statements (or any other materials) to StudentTestPrep.com you hereby transfer ownership therein to StudentTestPrep.com, including without limitation a worldwide, irrevocable, royalty-free, transferable right to use, copy, digitize, reproduce (mechanically or otherwise), publish, distribute, transmit, publicly display, modify, make derivative works of, exploit, sell, compile, combine, edit, download, transfer, or otherwise make commercial use of such content, communications and materials anywhere in the world, through all time, in any media and through any technology now existing or hereafter developed, without limitation of any sort. You also hereby grant each user of the Website the right to access your content and communications through the Website (and to any other medium, website, or person to which StudentTestPrep.com conveys this right), and to use, reproduce, distribute, and display the same consistently with the terms of this Agreement. You hereby waive any applicable moral rights.

You agree that you will not submit material that is subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material and to grant StudentTestPrep.com all of the rights granted herein. You also agree that StudentTestPrep.com shall have the right, but not the obligation, to choose the contents displayed on the StudentTestPrep.com website and that it shall have no obligation to use or display any content or submission from you. You also agree that StudentTestPrep.com shall have the right, but not the obligation, to edit, redact, or remove any content or submission from you or any other person.

(C) Requesting Reproduction Permission

You may request permission to reproduce a portion of the Website as follows; please include a detailed description of your intended use:
StudentTestPrep.com
2421 West Pratt Blvd, # 316
Chicago, IL 60645
ATTN: Rights & Permissions / StudentTestPrep.com
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

(D) Links to and from the Website

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page (and no other page) of the Website so long as the link does not portray StudentTestPrep.com or any Vendor (or any products and services offered on the Website) in a false, misleading, derogatory or otherwise offensive manner. You may not use any StudentTestPrep.com or Vendor trademark, logo or other proprietary graphic as part of the link without express prior written permission from StudentTestPrep.com.

The Website may contains links to websites operated by third parties. StudentTestPrep.com does not and cannot control the information and content or links contained on these sites or the way in which these websites collect and/or use your personal information. Therefore, you agree that StudentTestPrep.com has no liability whatsoever arising out of any third party website or your interaction with it, all of which is at your own risk.

(E) Availability and Operation

StudentTestPrep.com makes no representation or warranty and otherwise provides no legal obligation as to the accessibility and availability of the Website from any particular location, through any particular means of Internet access, or on any particular equipment, all of which are your responsibility. We do not guarantee the continuous or error-free performance of the Website. We reserve the right to make the Website unavailable for maintenance or other reasons in our discretion. If you are not satisfied with the Website or its performance in any manner, your sole remedy is to discontinue your use of the Website.

(F) Children and Minors

In addition to other eligibility restrictions which may be stated on the Website or applied by StudentTestPrep.com or any Vendor, StudentTestPrep.com’s features, services, and offers are only for adults of full legal capacity or children/minors properly supervised and authorized by their parents. Unsupervised or unauthorized children or minors are prohibited from participating in any feature, function, or offer. Parents are encouraged to review the contents of their childrens’ submissions, and the responses thereto, to assure the safety and security of their children and avoid their interaction with predators and the like. StudentTestPrep.com disclaims any and all liability with respect thereto.

(G) User Accounts and Passwords

You will be asked to provide a username and/or password on each visit and use of certain advanced Website features so that StudentTestPrep.com can confirm your identity and previous entry into this Agreement. You are prohibited from sharing or transferring your account or your username and/or password with or to any other person. You may not, nor allow any other person to, timeshare, sublicense, or otherwise transfer all or any portion of your user account or your rights to access the Website or services to any other party, or make commercial use of any StudentTestPrep.com services without the express prior written consent of StudentTestPrep.com. Your failure to comply with this Agreement may result in the termination of your use of the Website and may expose you to civil and/or criminal liability.

The Website provides several account management tools that allow you to record and store information, including your personal information. You are responsible for taking all reasonable steps to ensure that no other person has access to your passwords. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) to monitor and control access to your passwords and your membership and account information; and (3) to immediately inform StudentTestPrep.com of any need to deactivate a password or other access to any service or feature of the Website.

You hereby indemnify StudentTestPrep.com and its members, officers, directors, employees, agents, affiliates, and sponsors from and against any claim, damage, or loss arising out of or related to any unauthorized sharing of your username and/or password or any attempted transfer of your membership, or any other breach of this Agreement.

(H) Use of Registration Information; Promotional Communications

When the Website collects your personal registration information, StudentTestPrep.com will use such information to evaluate your eligibility for access to features reserved for registered users and, if we determine to accept your request to register a user account, to create that user account. StudentTestPrep.com may also provide relevant portions of such personal information to Vendors and other partners in order to pre-populate registration or order templates. We, the Vendors, or our other partners may also use such information to promote certain products or services via email offers, newsletters, and the like. Please see our Privacy Policy on how to opt out of these promotional communications.

III. GENERALLY APPLICABLE TERMS AND CONDITIONS

(A) Limitation of Liability/Disclaimers

StudentTestPrep.com does not assume any liability for the content, materials, information, opinions or third party products offered or discussed on the Website, or the accuracy, quality, or reliability thereof. Reliance on any such information or the quality of such products is solely at your risk. StudentTestPrep.com disclaims any liability for injury or damages resulting from use of any information contained on the Website or any product or service obtained pursuant to an offer on the Website.

THE WEBSITE AND INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED, AND YOU ACCEPT THE SAME, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, ERRORS, AND OMISSIONS. NEITHER STUDENTTESTPREP.COM NOR ANY PERSON ASSOCIATED WITH STUDENTTESTPREP.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER STUDENTTESTPREP.COM NOR ANYONE ASSOCIATED WITH STUDENTTESTPREP.COM WARRANTS OR REPRESENTS THAT THE WEBSITE OR THE INFORMATION PROVIDED ON THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. STUDENTTESTPREP.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL STUDENTTESTPREP.COM OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE CONTENT TRANSMITTED ON THE WEBSITE OR PERSONAL INJURY, WHETHER OR NOT THERE IS NEGLIGENCE BY STUDENTTESTPREP.COM AND WHETHER OR NOT STUDENTTESTPREP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS SUCH AS THE ONE ABOVE, AND IF SO, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IN THE EVENT THAT THE ABOVE DAMAGES LIMITATIONS OR DISCLAIMERS ARE FOUND BY ANY COURT OF COMPETENT JURISDICTION TO BE INEFFECTIVE OR UNENFORCEABLE, YOU AGREE, AS MATERIAL INDUCEMENT TO STUDENTTESTPREP.COM TO MAKE THE WEBSITE AVAILABLE TO YOU, THAT YOUR DAMAGES, WHETHER DIRECT, INDIRECT, OR OTHERWISE, AND REGARDLESS OF THEORY OF RECOVERY, SHALL BE LIMITED TO THE LESSER OF (1) THE AMOUNT YOU HAVE PAID TO STUDENTTESTPREP.COM UNDER OR ARISING OUT OF THE TRANSACTION GIVING RISE TO STUDENTTESTPREP.COM’S LIABILITY TO YOU (IF ANY) OR (2) US$25.00.

StudentTestPrep.com shall not be liable in any manner for any breach or fault arising out of circumstances beyond its reasonable control, such as, without limitation, force majeure events such as fire, flood, war, acts of government, rebellion, and the like.

Any claim you may have arising out of or related to the Website, including any claim arising out of or related to your participation in any offer or promotion made on the Website, must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is and shall be deemed waived and barred.

(B) User Representations and Warranties

You represent, warrant and covenant (1) that no materials of any kind submitted by you to or in response to the Website, or StudentTestPrep.com's use thereof in accordance with this Agreement, will (a) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (b) contain libelous or otherwise unlawful material; (c) constitute false or misleading indications of origin or statements of fact; (d) slander, libel or defame any person or entity; (e) cause injury of any kind to any person or entity; or (f) violate any applicable laws, rules, regulations or other governmental regulations; and (2) that you are at least 18 years old or have the permission of, and are under the supervision of, a custodial parent.
You agree to defend, indemnify and hold harmless StudentTestPrep.com and each Vendor, their respective officers, directors, employees, agents, affiliates, third-party information providers, licensors, programming professionals and others involved in the delivery of the Website or the content thereof, from and against any and all liabilities, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from your use of the Website, your use of any information obtained from the Website, or from any violation by you of this Agreement.

(C) Privacy

StudentTestPrep.com's use of your personal information is in accordance with the StudentTestPrep.com Privacy Policy.

(D) Contact

Please contact us at StudentTestPrep.com, 2421 West Pratt Blvd, # 316 Chicago, IL 60645 if you have any questions, comments, or concerns about the Website, including if you wish to notify us of any infringing, inaccurate, or illegal materials on the Website.

(E) Termination

StudentTestPrep.com may in its sole discretion, and without notice to you, terminate or suspend your access to all or part of the Website or any offer or promotion available thereon, for any reason, including without limitation, breach of this Agreement.

(F) Miscellaneous

This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. The Agreement, together with the other limitations and specifications set forth on the Website, as the same may be amended from time to time, completely and exclusively states the agreement between you and StudentTestPrep.com with respect to the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Exclusive jurisdiction over any cause of action arising out of this Agreement or your use of Website (including any offers or promotions made thereon or your participation therein) shall be in the state or federal courts located in Chicago, Illinois. You agree to submit to the jurisdiction of such courts.

If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of this Agreement shall remain in full force and effect. In the case of any direct conflict of terms between the Website Privacy Policy and this Agreement, this Agreement shall prevail.

StudentTestPrep.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and StudentTestPrep.com nor any trade practices shall be deemed to modify this Agreement.

You may not assign or delegate this Agreement or your obligations to any party without StudentTestPrep.com’s express prior written permission.

IV. LEGAL NOTICES

(A) Copyright Notice

© 2009 StudentTestPrep.com All rights reserved. The Website and the materials on the Website, including but not limited to images, photographs, audio and/or video content, screen savers, illustrations, and text, are the property of StudentTestPrep.com and may not be reproduced, distributed, publicly displayed, or otherwise used, except with express permission of StudentTestPrep.com.

(B) Trademark Notice

The term "StudentTestPrep.com" and StudentTestPrep.com's logo and all related product and service names, designs, and slogans are trademarks or service marks of StudentTestPrep.com. All other product and service marks on the Website are the trademarks of the applicable Vendor or other applicable licensors to StudentTestPrep.com.

(C) Privacy Policy

StudentTestPrep.com Privacy Policy