The provisions set forth below (the “Agreement”) state the terms and conditions that govern your use of the website located at www.Examplify.org (the “Website”) and the services and materials offered thereon (the “Services and Materials”) by Examplify, LLC (“Examplify”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. If you do not agree to be bound by the terms of this Agreement, please discontinue your use of the website immediately.
1. Copyright. Unless otherwise indicated, the copyright in the content of the website, including the screens displayed on the website, is owned by Examplify, its parent or its affiliates. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any portion of the website, including but not limited to the code and software underlying the website.
2. Warning. Examplify may, in its sole discretion, modify or discontinue the information and materials contained in the website (including the terms, conditions, and descriptions that appear herein) and any other aspect of the website at any time without prior notice and without liability. Your eligibility to obtain particular custom exam services is subject to the final determination of Examplify.
3. Purpose of Website. The information contained in the website is for informational purposes only. Such information is not intended to replace, and should not be interpreted or relied upon as professional advice from Examplify, whether legal or otherwise.
4. Usage. The website is accessible to you through a computer or other access device. You are responsible for all charges that may be associated with accessing the Website.
5. Access to Certain Portions of the Website. Access to certain portions of the website may require special permissions from Examplify and you may be required to give Examplify certain information. You agree to provide true, accurate, and complete information and to update this information when it changes. If you provide any information that is untrue, inaccurate, outdated, incomplete, or misleading, or if Examplify suspects that you have provided any untrue, inaccurate, outdated, incomplete, or misleading information, Examplify may, in its sole discretion, suspend or terminate your right to access the website. In the event that you are provided with a login ID/password from Examplify to access the website, you are responsible for the use of such login information and agree to immediately notify Examplify in the event that such login information is compromised or misappropriated.
6. Restrictions on Usage. As a condition to your right to use the website, you will not: (a) engage in any activity that disables the website or otherwise impedes its operation or limits its availability to others; (b) alter in any way the content of the website; (c) use the website to post or otherwise disseminate any unlawful, threatening, defamatory, offensive, obscene, vulgar, pornographic, profane, indecent, or fraudulent communication of any kind, as determined by Examplify in its sole discretion; (d) use the website to post or otherwise disseminate any communication that infringes or dilutes any intellectual property or that violates any person’s rights of privacy or publicity; (e) use the website to transmit any virus, bot, worm, Trojan horse, or other harmful software;; (f) use the website to post or disseminate any communication that encourages or assists any other person to engage in illegal activities; (g) utilize the website or any information contained in the website to assist in any way with the transmission of unsolicited email messages to any other person; (h) impersonate any other person or entity or misrepresent any fact about yourself; (i) distribute, transfer, or disseminate any information derived from the website through or onto a searchable, machine-readable database; (j) use the website to collect information about other users of the website; or (k) attempt to use the website to gain unauthorized access to other computer systems or networks connected to the website.
7. Monitoring by Examplify. Examplify has the right to monitor the use of the website. If Examplify monitors the use of the website, Examplify may examine, copy, and record any information relating to your usage of the website. Examplify reserves the right to disclose any such information in order to comply with any law, regulation, or governmental request. Examplify shall have the right to remove any communication that Examplify, in its sole discretion, finds to be objectionable or inappropriate.
8. No Warranties. THE INFORMATION AND MATERIALS CONTAINED IN THE WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS, AND OTHER ITEMS ARE PROVIDED ON AN “AS IS” BASIS. EXAMPLIFY DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONNECTION WITH THE INFORMATION AND MATERIALS.
9. Limitation of Liability. IN NO EVENT WILL EXAMPLIFY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF EXAMPLIFY OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. EXAMPLIFY SHALL NOT BE LIABLE FOR ANY CONSEQUENCES OF YOUR RELIANCE ON ANY ADVICE, OPINIONS, STATEMENTS, OR RECOMMENDATIONS THAT APPEAR ON OR ARE DISSEMINATED THROUGH THE WEBSITE. ANY SUCH RELIANCE IS AT YOUR OWN RISK. EXAMPLIFY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. SOME STATES DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES MAY LAST, SO THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS. THESE OTHER RIGHTS VARY FROM STATE TO STATE.
10. Acknowledgment of Warranty Disclaimers. You acknowledge and agree that Examplify would not have made the website available to you without the warranty disclaimers and the limitations on liability and remedy that appear in this Agreement.
11. Indemnification. You agree to defend, indemnify, and hold harmless Examplify, its affiliates, and their respective directors, officers, employees, and agents from and against all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any material provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by you in connection with your use of the website; (iii) any noncompliance by you with the terms of this Agreement; and (iv) any claims brought by persons or entities other than you or Examplify arising from or related to your access and use of the website, including the information obtained through the website.
12. Termination. Examplify, at its sole discretion, and for any reason or for no reason, may terminate your access to all or part of the website.
13. Trademarks. No Examplify trademarks or trademarks owned by any other person that appear on the website may be copied, downloaded, or otherwise utilized without the express written consent of the owner of such trademark.
14. Minors. If you permit any minor child to use the website, you will be solely responsible for: (i) the online conduct of such minor child; (ii) the monitoring of such minor child’s access to and use of the website; and (iii) the consequences of any such usage.
15. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d), as amended, Examplify hereby notifies you that parental control protections (such as computer software, hardware and filtering services) are commercially available for you to purchase. These protections may assist you in limiting access to material that could be harmful to minors. Information about purchasing such protections is available at http//www.eff.org/pub/censorship/ratings_filters_labelling and at http://www.netparents.org/parentstips/browners.html.
16. Infringement Policy. Examplify, pursuant to 17 U.S.C. Section 512, as amended, reserves the right to terminate your right to use the website if Examplify determines, in its sole and absolute discretion, that you are involved in an activity that infringes the intellectual property of others. Examplify seeks to accommodate, and not interfere with, standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Examplify has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the law. All claims of infringement must be submitted to Examplify in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.
To submit any such complaint by mail, please use the following address:
3500 Lacey Road, Suite 100
Downers Grove, Illinois 60515
To submit any such complaint by e-mail, please use the following address: webmaster@Examplify.org.
Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other property right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of: (i) the owner of the proprietary right that is allegedly infringed; or (ii) the person defamed.
- An identification of the work claimed to have been infringed.
- An identification of the material that the claimant alleges is infringing, along with information that enables Examplify to locate such material.
- Information that enables Examplify to contact you.
- A statement that you believe in good faith that the activity is an infringement and violates the law.
- A statement under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed or that you are authorized to act on behalf of the person allegedly being defamed.
17. Public Information. If you post any content in any form on the website, or disseminate any such information through the website, you will be deemed to have relinquished any intellectual property rights in such content. Such content will be deemed to be public information. Examplify may use any such content for any purpose.
18. Modification. Examplify reserves the right, in its sole discretion, to amend this Agreement in any way at any time. Any such amendment shall become effective when it is posted on the website. Your continued use of the website will constitute your binding acceptance of any such amendment.
19. Limit on Exportation. Unless otherwise specified, the website is intended solely for use in the United States of America. Examplify operates the website from its offices in the state of Illinois, United States of America. Examplify makes no representation that the materials on the website are appropriate or available for use outside of the United States. Those who choose to access the website from outside of the United States do so with this understanding and are responsible for compliance with local laws. Software on the website is subject to United States export controls. No software from the website may be downloaded or otherwise exported: (i) into or to a national resident of Cuba, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department List of Specifically Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
20. Governing Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois, U.S.A., without giving effect to any principles of conflicts of law. All disputes relating to the website, this Agreement, or your use of the website shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in the state of Illinois, USA.
21. No Assignment by User. You may not assign any of your rights, obligations, or privileges under this Agreement without the prior written consent of Examplify.
22. Severability. If any provision of this Agreement is deemed unlawful, void, or otherwise unenforceable, then that provision shall be considered severable from this Agreement. Such provision shall be enforced to the fullest extent allowed by law to achieve the intention of the parties. The severable provision shall not affect the validity and enforceability of any remaining provisions of the Agreement.
23. Waiver. No waiver of any provision of this Agreement will be effective unless set forth in a written instrument signed by the waiving party. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
24. Captions. The captions, titles, and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.