User’s Acknowledgment and Acceptance of Terms
affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and
includes (without limitation) all parties involved in creating, producing, and/or delivering
this Site, the Services, and/or its contents.
Our Services include content created, uploaded, and provided by individual teachers who are acting as independent contractors to TESTBEST. We do not control or verify the content prepared, provided by, and uploaded by such persons. You acknowledge and agree that the quality and quantity of data stored on the Site is dependent on the person who collected, provided, and uploaded that data. If you are concerned about any content that is contained within the Site, please contact us at email@example.com.
The Services and the Site are provided online and through mobile platforms and TESTBEST makes no representations that the Site and Services will be available or appropriate for use in all locations. TESTBEST content and Services may not be available in all locations and TESTBEST makes no representations that all content and Services will be available at all times.
Use of Services
TESTBEST will issue log-on protocols, such as User IDs, to give you access to the Site and Services. You shall be responsible for any activity that occurs under your account. You will be responsible for all costs and expenses associated with using the Site or subscribing for Services, including ensuring that you have the necessary and compatible technology, hardware, systems, and software to access the Site and use the Services as directed by TESTBEST.
If you ever feel like our Site could be better please let us know how.
TESTBEST shall provide instructions and administrative log-in credentials and passwords to help Enterprise Account users implement the Site. TESTBEST may provide user training and support to Enterprise Account holders. Except for the training we offer to an Enterprise Account holders, Enterprise Account holders shall be solely responsible for training and otherwise informing authorized end users of the features and capabilities of the Site and the Services.
If TESTBEST courses or content will be provided to end users through the Enterprise Account, the Enterprise Account administrator shall ensure that, no later than 72 hours before the commencement of a course, all enrolled students shall receive a copy of the Student Survey [link]. In the event that a course offered through an Enterprise Account includes customized review of students’ work by TESTBEST or a TESTBEST Affiliate, the Enterprise Account administrator shall deliver to TESTBEST [, through the “Administrator Tools” section of the Enterprise Account,] copies of all materials intended to be evaluated by TESTBEST or its Affiliates during the course. No TESTBEST content or Services may be provided outside of the Site or by any person not authorized by TESTBEST in writing.
At no time will any Enterprise Account administrator or authorized user contact any TESTBEST personnel, Affiliate, or other service provider outside of the TESTBEST Site. All communications by students enrolled in any TESTBEST related course or Services, including communications related to scheduling of courses, submission of course homework, and questions related to the course and Services, shall be transmitted only through the TESTBEST Site. Direct or indirect communication with TESTBEST personnel, Affiliates, or service providers outside of the Site may result in immediate termination of the Enterprise Account.
Fees and Purchases Through Your TESTBEST Account
Once you have registered a TESTBEST account, you may purchase access to the Services. You are responsible for all Services ordered through your account. [Some of the Services may be available on a one-time, monthly, or ongoing subscription basis. Unless otherwise notes, Services are not transferable and you shall not transfer, sell, or assign or attempt to transfer, sell, or assign any Services purchased through your account.]
During the account registration process you must provide us with a valid credit or debit card or other payment method acceptable to us and agree to keep such card active and updated at all times. You agree to be subject to and abide by the terms of any third-party payment processor. You agree that we may begin charging you for such Services as soon as you have completed the enrollment process through your account. You acknowledge and agree that all sales are final and that fees for such Services are non-refundable. To the extent permitted by applicable law, you waive any right to a refund once your purchase is complete. [If you have selected Services with a recurring subscription fee, your TESTBEST account will be charged such subscription fees until the earlier to occur of (i) expiration of the specific course or Service or (ii) termination of your TESTBEST account.]
All pricing terms for the Services are confidential, and you agree not to disclose them to any third party. You agree to provide us with complete and accurate billing and contact information, and to update such information within 10 days of any change. [You may change your payment information at any time through your TESTBEST account.] In the event TESTBEST or its third-party payment processor is unable to process your transaction in a timely manner, TESTBEST reserves the right to revoke access to the Services.
TESTBEST is not responsible for the policies of any third-party payment processor, including those related to withdrawing funds from your account or charges to your credit or debit card. TESTBEST reserves the right to change third-party payment processors at any time. Due to TestBest’s reliance on third-party payment processors, TESTBEST is not responsible for the ultimate success or failure of any payment made through your TESTBEST account.
Content Submitted to the Site
As part of the Services, you may be asked to upload content to the Site, submit information, post content or respond to questions posed by the teacher or other users, perform practice exams, and otherwise engage with or communicate with TESTBEST, its employees, Affiliates, teachers, and other users (collectively, “Submissions”). All Submissions remain your intellectual property. You acknowledge and agree that you have the worldwide right to transfer and license such Submissions and that no Submission violates any intellectual property, privacy, or confidentiality rights or any other person or entity.
Warranty, Indemnification, and Limitations on Damages
THERE IS NO WARRANTY ON ANY OF THE INFORMATION OR DATA PROVIDED ON OR THROUGH THE SITE. WE PROVIDE THE SITE, ITS CONTENT AND OUR SERVICES “AS IS”, WHERE IS, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, USEFULNESS, COMPLETENESS, OR QUALITY OF THE SITE OR ANY INFORMATION MADE AVAILABLE THEREIN. WE ALSO DO NOT GUARANTEE ANY DATA ACCESSED THROUGH OUR SITE, OR THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE TESTBEST SITE AND SERVICES AT YOUR OWN RISK.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE OR SERVICES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TESTBEST, ITS MANAGERS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SITE OR SERVICES, SECURITY BREACHES, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SITE OR THE SERVICES OR BY FAILURE THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TESTBEST’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SITE AND SERVICES, WHETEHR BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE LESSER OF (i) U.S. $5,000 AND (ii) THE AMOUNTS WHICH YOU HAVE ACTUALLY PAID TO US IN CONNECTION WITH YOUR USE OF THIS SITE IN THE ONE MONT IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INSTANCE OR CLAIM. THIS LIMITATION MAY NOT BE APPLICABLE IN CERTAIN CIRCUMSTANCES OR CERTAIN STATES.
Intellectual Property Ownership and Confidentiality
In addition, you may from time-to-time submit feedback, comments, suggestions, questions, ideas, or other information to TESTBEST concerning the Site, the Services or other products, services, technology, techniques, processes or materials (“Feedback”). All Feedback becomes the sole property of TESTBEST. TESTBEST may freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any manner, including in connection with any of its products and/or services, without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.
If you leave us, we'll miss you dearly but we won’t hold you back. To cancel, just email our Customer Happiness team at: firstname.lastname@example.org and ask us to cancel your account.
Governing Law and Disputes
We are based in the United States of America, and make no claims that We, our Site, or our Services are appropriate or may be legally accessed, used, or downloaded outside of the United States. Access to the Site and the Services may not be legal by certain persons or in certain countries. If you access our Site and Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Access to the Site and Services from jurisdictions where the contents of the Site and the Services are illegal or penalized is prohibited. You may not use or expert or re-export the Services or any copy or adaptation thereof in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.
You agree that regardless of any statute or law to the contrary, any dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
Notwithstanding the above, without limiting any other remedies that may be available to TESTBEST, if a dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, TESTBEST may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of California. You hereby waive any requirement of TESTBEST to seek a bond or other security if seeking any such injunction.