By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Test Performance Analytics, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Test Performance Analytics, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Test Performance Analytics, LLC is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians of children under the age of 13 who wish to allow their children access to the Service must create an account that is maintained by a legal guardian of at least 18 years old and monitor the child’s usage. By allowing a child access to your account, you also give your child permission to access all areas of the Service.
If you choose to register you will receive a username and password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Test Performance Analytics, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Test Performance Analytics, LLC cannot and will not be liable for any loss or damage arising from your failure to protect your account.
You acknowledge, consent and agree that Test Performance Analytics, LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Test Performance Analytics, LLC, its users and the public.
You may access and view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use. Purchased products are available for nine months from the date of purchase.
Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Test Performance Analytics, LLC or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Test Performance Analytics, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The materials on Test Performance Analytics, LLC’s web site are provided “as is”. Test Performance Analytics, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Test Performance Analytics, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Test Performance Analytics, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, not getting accepted to schools) arising out of the use or inability to use the materials on Test Innovators’s Internet site, even if Test Performance Analytics, LLC or a Test Performance Analytics, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Test Performance Analytics, LLC’s web site could include technical, typographical, or photographic errors. Test Performance Analytics, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Test Performance Analytics, LLC may make changes to the materials contained on its web site at any time without notice.
Test Performance Analytics, LLC does not, however, make any commitment to update the materials.
Any claim relating to Test Performance Analytics, LLC ‘s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Your privacy is very important to us. Accordingly, we have developed this statement concerning our privacy practices in order for you to understand how we collect, use, store, process, and disclose the personal information that you provide to us from time to time in connection with your use of the Service.
From time to time, in connection with your use of the Service, we may ask you to provide us with your personal information.
We will collect your personal information by lawful and fair means.
We will not collect your personal information without your knowledge or consent.
We primarily will use the personal information that you provide to us to offer the Service to you, including occasional email communications with you concerning the Service, your activities on this web site, your transactions with us, and communications with us that you initiate.
However, we may also communicate with you about improvements we have made, or are planning to make, to the Service; premium features of the Service that we may make available to you from time to time; and related products and services that we offer, now or in the future.
Also, we may share your personal information with partners or other third parties in order to allow you and such parties to communicate with each other about additional products and services that may be of interest to you.
And, we may use information concerning your usage of this web site and the Service and personal information that you provide to us, in an anonymized and aggregated format, for purposes of conducting research (both internal and external) and improving the Service for you and other users.
If we are seeking to collect your personal information for a purpose that is not related or otherwise compatible with the purposes described above, before or at the time of collecting your personal information, we will identify the purposes for which your personal information is being collected.
We will collect and use your personal information solely with the objective of fulfilling those purposes described in this statement, those purposes otherwise identified by us (as described in the previous sentence), and for other compatible purposes.
Also, we will retain your personal information only as long as necessary for the fulfillment of those purposes described, collectively, in the previous sentence.
Personal information supplied to us by you should be relevant to the purpose, or purposes, for which it is to be used by us, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect your personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.
By accepting these terms of service, you authorize us to collect, use, store, process, and disclose the personal information that you provide to us in accordance with this statement of our privacy practices.
We will make available to you, on this web site or at your request, information about our policies and practices relating to the collection, use, storage, processing, and disclosure of personal information.
We understand that you may have preferences for how your personal information is used. For example, you may prefer not to be contacted by third parties about additional products or services or you may wish to have us update or delete your personal information that we have stored on our systems. You may opt out of e-mail communications that you receive by clicking on any opt-out link that may be provided within the e-mails. You can also send an email to us at _____________________________, if you wish to communicate your preferences. Please understand that if you opt out of receiving certain communications from us or others, we may still use your personal information to communicate with you about the Service, including, for example, your future activities on this web site, your future transactions with us, and communications with us that you initiate in the future.
You agree that Test Performance Analytics, LLC may, under certain circumstances and without prior notice, immediately terminate your Test Performance Analytics, LLC account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment
of any fees owed by you in connection with the Services. Termination of your Test Performance Analytics, LLC account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Test Innovators sole discretion and that Test Performance Analytics, LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You agree to not use the Service to:
a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) threaten or harm minors in any way, including, but not limited to: verbal abuse, physical abuse, or refusal to vaccinate against known diseases;
c) stalk or otherwise harass an Test Performance Analytics, LLC employee or another user;
d) impersonate any person or entity, including, but not limited to, an Test Performance Analytics, LLC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
i) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
k) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
l) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
m) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Test Performance Analytics, LLC username), use of the Service, or access to the Service. You agree that your Test Performance Analytics, LLC account is non-transferable.
You agree to indemnify and hold Test Performance Analytics, LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Test Performance Analytics, LLC offers one test-related tutoring consultation per testing season to purchasers and subscribers of Test Performance Analytics, LLC. Consultations are a supplemental offering and must be arranged independently of the materials-purchase process. The Company’s failure to provide a consultation in situations including, but not limited to, too-short notice, lack of tutor availability, or lack of User availability, does not constitute grounds for refund of payment for preparation materials.
The Terms of Service constitutes the entire agreement between you and Test Performance Analytics, LLC and governs your use of the Service, superseding any prior agreements between you and Test Performance Analytics, LLC with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Test Performance Analytics, LLC services, affiliate services, third-party content or third-party software. The TOS and the relationship between you and Test Performance Analytics, LLC shall be governed by the laws of the State of New York and the federal laws of the United State of America applicable herein.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Test Performance Analytics, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. Test Performance Analytics, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR 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 SOFTWARE WILL BE CORRECTED.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Test Performance Analytics, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Test Performance Analytics, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEST INNOVATORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
a) Payments for subscriptions can be made via Stripe. All subscriptions are in US dollars
Subscribers are guaranteed to receive the services outlined on the subscription page for the duration of their subscription. Services are effective and available immediately upon receipt of payment.
If you have any questions regarding the above policies please contact us.
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