JUMBOTESTS SERVICE AGREEMENT
By correctly completing and indicating your agreement in the registration process, you enter into the Agreement. This Agreement is effective upon registration, and governs your use of the Service and the Site.
If you are an individual entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to enter into this Agreement, or you do not have the legal capacity to enter into this Agreement, you may not enter into the Agreement or use the Service.
ACCEPTANCE OF TERMS
Welcome to the JumboTests Test Preparation Site. Everyone who uses the Service - even on a trial basis - is subject to this Agreement. This Agreement is between you and JumboTests. You may not change, supplement or amend this Agreement in any manner. You must be at least 18 years old to use the Service. If you are under the age of 18, you can use this Service only in conjunction with, and under the supervision of your parents or guardians. It is your sole responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws in using the Service.
JumboTests may unilaterally amend or supplement this Agreement from time to time on notice as permitted in the manner described in this Agreement, and your continued use of the Service shall constitute your acceptance of such amendments. If required by law, JumboTests will notify you at the email address you provide to us on registration and give you prior notice of such amendments and the opportunity to terminate this Agreement if you do not agree with such amendments.
DESCRIPTION OF SERVICE
The Service consists of the provision by JumboTests to you of access to the JumboTests Test Preparation Site, which provides tools to you that will enable you to take online tests. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sell or resell any part of the Service.
You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to JumboTests, to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or JumboTests has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JumboTests has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for all activity occurring on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy. You agree to immediately notify JumboTests of any unauthorized uses of the account or any other breaches of security. JumboTests cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
All user names and passwords remain the property of JumboTests and may be cancelled, changed or suspended at any time by JumboTests without notice. JumboTests is not under any obligation to verify the actual identity or authority of the user of any user name or password.
OWNERSHIP OF SITE CONTENT AND LIMITED LICENSE
- All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), is the property of JumboTests, its users or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without JumboTests’ prior written permission, except that (i) the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site, and (ii) any Site Content provided by Third Parties for sale or license through the Site (“Third Party Content”) is subject to the terms and conditions established by those Third Parties from time to time, as described on the Site (“Third Party License Terms”).
- Your rights to use Third Party Content are as described in the applicable Third Party License Terms.
JumboTests, Savvica and other JumboTests graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of JumboTests. Trademarks and trade dress used by Third Parties in association with the sale or license of their goods or services on the Site are the property of the respective owner.
Such trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You agree that you must evaluate, and bear all risks associated with, the use of any Site Content, including any reliance on the accuracy, completeness, or usefulness of Site Content.
JumboTests may from time to time charge fees for the use of the Service. Our fees, if any, are available on the Site. Unless otherwise stated, all of our fees are quoted in US dollars. You are responsible for paying all fees associated with the use of the Service through your account, and for all applicable taxes.
TERM AND TERMINATION
- This Agreement commences when created and continues until terminated by either JumboTests or you. JumboTests reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason. Termination of this Agreement does not terminate any agreement you enter into with a Third Party through the Site.
- You may terminate the Service by giving at least 30 days written notice to JumboTests. You will be responsible for the fees applicable to your usage of the Site for those 30 days. If you cancel the Service, your cancellation will take effect at the end of those 30 days. After cancellation, you will no longer have access to your account and all information contained therein may be deleted.
- JumboTests may terminate this Agreement and your account, delete your profile for any reason, or no reason, at any time in its sole discretion, with or without notice. JumboTests may also terminate this Agreement if you do not provide a valid credit card for the payment of fees hereunder. If your credit card is invalid or charges are declined, we will notify you and attempt to charge the card again in 72 hours. If your credit card is invalid or charges are declined again, we will notify you and you will have an additional 72 hours to provide us with a new credit card. If the replacement credit card is invalid or charges are declined, you access to the Service may be cancelled and all of your information deleted permanently.
- When your account is terminated by us or by you, any comments you have posted on the Site may in our discretion remain on the Site. Any other User Content that you have posted on the Site shall either be removed or shall stay on the Site as you and we agree. The license to your User Content that you grant to us in this Agreement will survive in perpetuity with respect to any of your User Content that remains on the Site after termination of your account.
- When we are notified that a user has died, we will generally, but are not obligated to, keep the user’s account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
- Upon termination of the Service, for whatever reason, Clauses 4(a) and (d), 5, 7, 9, 10, 11(d) and (f), 12, 16, 18 and 19 shall continue to apply following the termination.
TECHNICAL, CUSTOMER, AND SALES SUPPORT
Technical, customer, and sales support for JumboTests is only provided via email or other online means and is not provided in person or via phone.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in which you reside.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because JumboTests has no control over such sites and resources, you acknowledge and agree that JumboTests is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JumboTests shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
INDEMNITY AND RELEASE
You agree to indemnify and hold harmless the JumboTests Parties from any liability, cost, expense, loss, claim or demand, (collectively, “Losses”) including reasonable lawyers’ fees, made by any third party due to or arising out of your User Content, your use of the Service, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party in connection with the Site or the Service.
You agree to release the JumboTests Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more of our users or any Third Party providing goods and services through the Service.
MODIFICATIONS TO SERVICE
JumboTests reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that JumboTests shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- JumboTests assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. JumboTests is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.
- Under no circumstances will JumboTests be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content posted on or through the Site, or any interactions between users of the Site, whether online or offline.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. JumboTests expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. JumboTests does not warrant that (i) the Service will meet your specific 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 Service or any software will be corrected.
- Any Site Content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the Agreement.
- JumboTests reserves the right to change any and all Site Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice.
- Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by JumboTests.
LIMITATION OF LIABILITY
In no event will the JumboTests Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the JumboTests Parties are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the JumboTests Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to JumboTests for the Service during the term of your membership, but in no case will such liability to you exceed $1000. You acknowledge that if no fees are paid to JumboTests for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the JumboTests Parties, regardless of the cause of action.
The parties acknowledge having consented that the present agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Please report any violations of the Agreement to firstname.lastname@example.org.
Copyright 2009 Savvica Inc. All rights reserved.
Savvica Inc. 99 Atlantic Ave. #315, Toronto, Ontario, Canada, M6K 3J8 416-363-9510 All correspondence should be sent to: email@example.com