ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH TESTPREMIER.COM, AND USE OF THE SERVICE, AS DEFINED BELOW, PROVIDED TO YOU BY TESTPREMIER.COM YOU MAY USE THE SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THESE SERVICE. USING THESE SERVICE INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF SERVICE”), DO NOT USE THESE SERVICE.
Acceptance of Terms of Service
This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is a legal agreement between You, either an individual or an entity (the “You” or “User”), and TestPremier.com and its affiliates (collectively, the “TestPremier”), regarding the Service, as defined below. TestPremier makes the Website www.TestPremier.com including all related TestPremier’s website such as TestPremier.com included within this Internet website (together, “Website”), and all information, graphics, documents, text, products, services and all other elements of the Website and all products and Service offered and operated through Website and related plug-ins, add-ons and applications, available for You subject to the terms and conditions set forth in this Agreement. By using the Service, You agree to be bound by the following Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the Website and all such terms shall be deemed accepted by You. If You do NOT agree to all these Terms of Service, You should NOT use the Service. If You do NOT agree to any additional specific terms which apply to particular TestPremier’s Content (as defined below) or to particular transactions concluded through the Website, then You should NOT use the part of the Website and/or Service which contains such TestPremier’s Content or through which such transactions may be concluded and You should NOT use such TestPremier’s Content or conclude such transactions. Also, when You use any current or future TestPremier’s Service or visit TestPremier’s Website or obtain any products or Service, whether free of charge or for payment, of TestPremier or any business affiliated with TestPremier, whether or not included in the Website, You will be subject to the guidelines and conditions applicable to such services or business.
These Terms of Service may be amended by TestPremier at any time. Such amended Terms of Service shall be effective upon posting on the Website. Please check the Terms of Service published on the Website regularly to ensure that You are aware of all terms governing Your use of this Website and Service. Also, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through the Website (the “TestPremier’s Content”) or transactions concluded through the Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service.
TestPremier reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. TestPremier reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
Description of Service
TestPremier allows users to download files from the site freely without restrictions. Also users can exchange their files by uploading them on site.
Warranties and Disclaimers
ALL CONTENT AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TESTPREMIER HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE SERVICE OR THE CONTENT. TESTPREMIER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE OR SERVICE. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. TESTPREMIER DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY TESTPREMIER ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by TestPremier in writing, contractors, agents, dealers or distributors of TestPremier or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR SITE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TESTPREMIER ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH SERVICE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TESTPREMIER OR FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website may contain references to specific TestPremier products and Service that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Service and products contained therein, You may be exposed to TestPremier’s Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website, Service and products at Your own risk.
IN NO EVENT SHALL TESTPREMIER OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE TESTPREMIER’S CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE TESTPREMIER’ CONTENT, ANY SERVICE AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF TESTPREMIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST TESTPREMIER PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO TESTPREMIER IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to You.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO TESTPREMIER IN CONNECTION WITH THE SERVICE OR WEBSITE IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICE AND PROVIDE LICENSE AS SET FORTH IN SECTION (LICENSE TO YOUR CONTENT); (iii) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (iv) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“YOUR CONTENT”) THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY TESTPREMIER, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
The term of this Term of Service (“Term”) shall begin when You start using the Service and shall continue in perpetuity unless otherwise terminated by TestPremier by written notice. TestPremier expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, this Terms of Service will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, You must immediately cease using the Service including without limitation any use of TestPremier’s trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.
All rights and privileges provided herein to You under this Terms of Service are subject to your compliance of all of the terms and conditions and payments of applicable fee, if any, to TestPremier, provided however, that TestPremier expressly reserves the right to provide the Service free of charge during the Term, and further provided, that TestPremier, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Service for a fee.
Links to Other Sites and Third Party Materials
In order to use the Service You may need to obtain and/or use certain third-party products, services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under TestPremier’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which You need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of the Service. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
Copyright, trademark and all other proprietary rights in the Service and/or TestPremier’s Content (including but not limited to software, Service, audio, video and text) rest with TestPremier and/or its licensors. Unless otherwise specifically provided herein or authorized by TestPremier in writing, all rights in the Service and/or TestPremier’s Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service and/or TestPremier’s Content. All copyright and other proprietary notices shall be retained on all reproductions.
TestPremier hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material are the properties of their respective owners. TestPremier disclaims any proprietary interests in the intellectual property rights other than their own.
The TestPremier shall conspicuously display graphics that indicates that the Service is provided by TestPremier under the guidelines that may be communicated to You from time to time by TestPremier. Such attribution must provide a direct link to the Website or such other address as TestPremier may designate from time to time.
You may from time to time provide suggestions, comments or other feedback to TestPremier with respect to any product, material, software or information provided by TestPremier (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for TestPremier. However, TestPremier shall not disclose the source of any feedback without the providing party’s consent. TestPremier shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any TestPremier’s privacy policies posted on the Website.
Notice and Procedure for Making Claims of Copyright Infringement
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide TestPremier’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying TestPremier and its affiliates and its licensors that Your copyrighted material has been infringed.
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
License to Your Content
You hereby grant TestPremier and TestPremier accepts a non-exclusive and fully transferable, sublicensable and assignable royalty free right to store, load, adapt, modify, revise, transform, alter, create derivative works, install, execute, display and share with any third party or other users of TestPremier’s Service and/or Website (to “Use”) Your Content in connection with the TestPremier’s Service, on the TestPremier’s or its affiliates’ websites in connection with TestPremier’s products and Service pursuant to the terms and conditions of this Terms of Service with the right to sublicense to sublicensee(s) and end users any rights granted hereunder substantially on the terms and conditions set forth herein (the “License”).
Unlawful or Prohibited Use
You may not use the Website and/or Service for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website and/or Service. You may not use this Website and/or Service in any manner that could damage, disable, overburden, or impair this Website and/or Service, or that interferes with any third party’s use and enjoyment of this Website and/or Service. You agree that You will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website and/or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by TestPremier to all users of this Website and/or Service. You shall not institute, assist, or become involved in an attack upon any TestPremier server or otherwise attempt to disrupt the TestPremier servers. ANY ATTEMPT BY YOU TO DAMAGE TESTPREMIER SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF TESTPREMIER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, TESTPREMIER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless TestPremier, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service and/or Your Content, including without limitation infringement by Your Content of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
Linking to the Website
Linking to the Website is permitted provided that You comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that TestPremier endorses or sponsors the linker or its site, products or services. You must not use TestPremier intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from TestPremier or as otherwise provided herein. Furthermore, You agree to remove the link at any time upon TestPremier’s request.
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by TestPremier.
TestPremier does not bear any responsibility nor assumes any risks if by any reason a Service or the Website breach national law of any state. Those who access this Website or use the Service do so on their own initiative and are responsible for compliance with their national laws.
Questions may be submitted at firstname.lastname@example.org
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