1. Description of Service
The Site does not provide medical, investment or legal advice, and no attorney-client or doctor-patient relationship is created between users of the Services and TEST TUTOR PUBLISHING or its licensors. TEST TUTOR PUBLISHING may change these policies and the fees for Products and Services from time to time and such changes are effective immediately when posted on the Site. TEST TUTOR PUBLISHING may in our sole discretion change some or all of the services at any time. Upon introduction of a new product and/or service, the fees for that product and/or service are effective at the launch of the product and/or service. You are responsible for paying all fees associated with using the product, service and the Site and all applicable taxes.
2. Disclaimer of Warranties
TEST TUTOR PUBLISHING CAN NOT AND DOES NOT GUARANTY THAT USE OF THE SITE OR SERVICES WILL RESULT IN ACCEPTANCE INTO ANY PARTICULAR PROGRAM, INCREASE ANY SCORES, OVERCOME ANY OBSTACLES TO ACCEPTANCE IN ANY SUCH PROGRAMS, NOR RESULT IN RECEIPT OF ANY THIRD PARTY SERVICES, OR ANY OTHER OBJECTIVE FOR WHICH PARENT SEEKS A CONSULTATION, AND NOTHING CONTAINED IN THIS SITE, THE TERMS, THE AGREEMENT NOR ANY PRIOR, CONTEMPORARY OR FUTURE ORAL OR WRITTEN STATEMENTS MADE BYTEST TUTOR PUBLISHING OR EXPERTS SHALL BE SO CONSTRUED TO MAKE ANY PROMISE, COVENANT, WARRANTY OR GUARANTY, ALL OF WHICH ARE EXPLICITLY DISCLAIMED HEREBY, CONTRARY TO THE STATEMENTS AND DISCLAIMERS CONTAINED IN THIS PARAGRAPH.
THE CONTENT AND FUNCTIONALITY ON THE SITE AND THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT TEST TUTOR PUBLISHING IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. THE SERVICE AND ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED 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. TEST TUTOR PUBLISHING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUS OR THIRD PARTY ATTACK. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL TEST TUTOR PUBLISHING OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS 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 THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF TEST TUTOR PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
As a condition of your use of this Site and Services, you agree to indemnify, defend and hold TEST TUTOR PUBLISHING, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including all attorneys and expert fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; (c) your use or provision of Services, or (d) your violation of the rights of any third party.
4. Limitations of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT WILLTEST TUTOR PUBLISHING HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DAMAGES OR LOSSES, EVEN IF TEST TUTOR PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH ANY SUCH LIABILITY IS BASED. TO THE GREATEST EXTENT PERMITTED BY LAW, THE ENTIRE AGGREGATE LIABILITY OF TEST TUTOR PUBLISHING AND SOLE REMEDY AVAILABLE TO ANY USER OF THE SITE OR SERVICES (SUBSCRIBER) IN ANY CASE IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES SHALL BE LIMITED TO MONETARY DAMAGES THAT IN THE AGGREGATE MAY NOT EXCEED THE LESSER OF $500.00 OR THE SUM OF ANY AMOUNTS PAID BY SUBSCRIBER TO TEST TUTOR PUBLISHING PURSUANT TO THE AGREEMENT DURING THE SIX MONTHS PRIOR TO NOTICE TO TEST TUTOR PUBLISHING OF THE DISPUTE FOR WHICH THE REMEDY IS SOUGHT.
5. Intellectual Property Rights
Site Content and the trademarks, service marks and logos contained therein (Marks) are owned by or licensed to TEST TUTOR PUBLISHING, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.
6. To Report A Concern About Content On The Site
If you believe that any content on the Site is unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, notify the TEST TUTOR PUBLISHING Legal Department at Legal Department, Test Tutor Publishing, 11654 Plaza America Drive, #191, Reston VA 20190; tel.: (888) 577-9906.
7. Copyright Policy
TEST TUTOR PUBLISHING 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, Test Tutor Publishing, 11654 Plaza America Drive, #191, Reston VA 20190; tel.: (877) 577-9906.
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 toTEST TUTOR PUBLISHING 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 owners behalf to assert infringement of the right.
Test Tutor Publishing will process notices 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.
8. Third-Party Web Sites
Test Tutor Publishing may automatically amend the Agreement with immediate effect at any time by posting any amended terms on the Site, in the applicable section of the Agreement. Your continued use of the Site and the Service following Test Tutor Publishings posting of revised terms in any section of the Agreement will constitute your express acceptance of and consent to the revised Agreement. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. The Agreement may not be otherwise amended except in a writing signed by you andTEST TUTOR PUBLISHING explicitly stating the revised terms with specific reference to the section(s) of the Agreement amended thereby.
10. Dispute Resolution; Governing Law; Jurisdiction
These Terms are governed by the laws of the Commonwealth of Virginia without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia, County of Loudoun with respect to all disputes arising out of or related to the Agreement.
Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside of the Commonwealth of Virginia with the same force and effect as if such service had been made within the Commonwealth of Virginia. You agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.