November, 2012
Welcome to the MaxTheTest.com, Inc. (MTT) website (the Site). This Agreement is a legal contract that describes the conditions under which users (“you”) are allowed to use the Site and MTT’s commitment to protect your privacy.
Your use of the Site constitutes a legal commitment to follow the procedures and policies that are delineated herein. If you do not accept the terms and conditions of this Agreement, do not use the Site.
The terms and conditions of this Agreement may be changed from time to time and if they are changed, we will post a new, effective date at the beginning of the Agreement. Your use of this site at anytime constitutes your commitment to follow of the terms of the Agreement that are in effect at the time of your use. It is your responsibility to check back from time to time to assure that you are aware of the current terms of the Agreement.
User Agreement:
In exchange for your acceptance of this Agreement, you are authorized to use the Site, but only for personal and individual purposes related to improving your SAT and/or ACT scores as well as exploring your college opportunities and related financial aid. To be specific, you cannot use the Site for commercial purposes to produce revenue, compensation or other income. Furthermore, you cannot copy, duplicate, reproduce or redistribute any portion of the Site without the express written permission of MTT. You may refer to the Site or provide an electronic link to the home page of the Site for the purposes of making other individuals aware of MTT products and services. Please let us know if you are referencing the Site in any manner.
You may not use any link or other reference to the to the Site to characterize MTT, its products, or its services in a negative, inaccurate, or misleading manner.
The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site itself is protected as a collective work under the copyright laws of the United States. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site.
The Site material and/or service that you purchased from MTT is limited to your sole and exclusive usage. You may not share any user identification or password with any other individual. Doing so is a violation of federal copyright laws and MTT will prosecute any users who do not comply with the terms of this Agreement.
Security:
In exchange for your access to the Site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Site or that could cause injury to yourself, to us, or to anyone else.
Without limitation, you agree not to attempt to:
- Modify the Site or make it possible for you or someone else to access the Site without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site);
- Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Damage, disable, overburden, impair, or gain unauthorized access to the Site or our servers, computer network, or user accounts;
- Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
- Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;
- Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Site or any other service operated by us or any other party; or
- Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.
Privacy
MTT Privacy Policy:
The following is the Privacy Policy for the Web site (“Site”) for MTT which is committed to protecting your privacy and personal information.
We understand that your personal data is just that, your personal data, not ours and nobody else’s. This Privacy Policy explains the manner in which the MTT Site collects personal data from you and the purpose for that collection. This Privacy Policy is designed to ensure that you are aware of how your personal data is being used.
By visiting the MTT Site or submitting your personal data, you accept the terms described in this Privacy Policy. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the MTT Site after any modification indicates your agreement to the new terms.
Security:
MTT is concerned with the security of your personal data. Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
Sharing with Third Parties:
We do not share your personal information with any third party. The only exception would be an occasion in which MTT would be required to disclose your personal data to third parties if it believes, in its sole discretion, that such disclosure is required by law, to enforce its user agreement or privacy policy, or in connection with a sale or transfer of some or all of the assets of MTT.
Links to Other Web Sites:
We may make content and/or services from other web sites such as YouTube.com available to you from links located on this site. You will be linked to these websites anonymously, i.e., we will not provide them any of your personal information as a condition of being linked to external sites. These other web sites are not subject to this Privacy Policy. You should review the Privacy Policy at each such web site to determine how that site protects your privacy.
Anonymous Information:
The following paragraph assures you that we do not track you in any personal, identifiable manner. We simply track you as an unknown user who benefits from the use of the Site by using electronic means to facilitate an enhanced user experience and to collect data on how our users navigate through the Site.
The Site uses COOKIES. A cookie is a string of information that is sent by a Web site and stored on your hard drive or temporarily in your computer’s memory. We may employ cookie technology to help you move faster through our Site. We may employ cookie technology to estimate our total audience size and traffic and to help us improve our Site’s experience by measuring which site areas are of greatest interest to users. You can turn off the ability to receive any of these cookies by adjusting the browser in your computer, but you should note that if you do so, this may materially affect the functionality of the Site and the information you can access through it. If you wish to find out more about cookies, or how to refuse cookies, please visit the Interactive Advertising Bureau’s web site at www.allaboutcookies.org. We collect anonymous data when you visit most pages on the MTT Site. Your visit may automatically provide us with data that is not linked to your personal information, such as your IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring web site addresses. Some parts of the MTT Site use embedded pixel technologies to facilitate your use of the Web site and to track general traffic. We use your anonymous data to obtain general statistics regarding the use of the MTT Site and its specific Web pages and to evaluate how our visitors use and navigate our Web site on an aggregate basis. We do not link your anonymous data with personal data.
Copyright:
Web Site Materials. Copyright of the MTT Site and all materials included in it is owned by MTT and all rights are reserved. You must abide by all copyright notices and restrictions contained on the MaxTheTest.com Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the MaxTheTest.com Site (including computer programs or other code) (“Site Materials”), except that you may make a reasonable number of machine-readable copies of the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials. For example, you may complete a PDF form for the purposes of applying to the Mary Alice Fund for consideration for admission to one of its programs or to receive financial assistance. You may also store the results of the Math Diagnostic Test on your personal computer or print the results for personal use.
Trademarks:
Demystifying the Test, the MaxTheTest.com, Inc. logo (The Wizard), and any other trademarks or service marks (“marks”) on the MaxTheTest.com Site are marks which are registered with the United States federal government and are owned by MTT (“MTT Trademarks”). You may not use the MTT marks in connection with any product or service that does not belong to MTT, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.
Linked Websites:
To enhance your preparation for the SAT and/or ACT, we provide links to third-party content, websites or services. We do not endorse, sponsor, control, or otherwise accept responsibility for their material.
You should be aware that third-party websites are not covered by this Agreement or our Privacy Policy, and we therefore cannot be responsible for the content or practices of any such website, even if it links to the Site or even if the website is operated by a company affiliated or otherwise connected with us.
Disclaimer Of Warranty; Limitation Of Liability:
You understand that the Site is provided purely for your personal assistance, and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the Site, that the Site will be available at any particular time or from any particular place, or that it will continue to function in the manner that it currently functions. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the Site, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Site. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.
IN NO EVENT WILL WE, OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS OR UNSATISFACTORY TEST SCORES OR COLLEGE ADMISSIONS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE OR CONTENT CREATED ON OR THROUGH THE SITE).
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE INFORMATION AND RECOMMENDATIONS CONTAINED IN THESE MATERIALS HAVE BEEN COMPILED FROM SOURCES BELIEVED TO BE RELIABLE AND TO REPRESENT THE BEST CURRENT OPINION AND PRACTICES ON THE SUBJECT. NO WARRANTY, GUARANTEE, OR REPRESENTATION IS MADE BY MTT OR ITS ASSOCIATES AND/OR AFFILIATES AS TO THE ABSOLUTE CORRECTNESS OR SUFFICIENCY OF ANY REPRESENTATION CONTAINED IN THESE MATERIALS, AND MTT AND ITS ASSOCIATES AND/OR AFFILIATES ASSUME NO RESPONSIBILITY IN CONNECTION THEREWITH, NEITHER CAN IT BE ASSUMED THAT ALL INFORMATION NEEDED TO SUCCEED WITH THE SAT AND/OR ACT ARE CONTAINED IN THESE MATERIALS, NOR CAN IT BE ASSUMED THAT OTHER OR ADDITIONAL INSTRUCTION WILL NOT BE REQUIRED UNDER PARTICULAR OR EXCEPTIONAL CONDITIONS OR CIRCUMSTANCES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.
Governing Law; Integration; No Waiver; Severability; Termination:
You agree that any dispute between you and MTT will be governed by the laws of the United States of America and the State of Florida, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of Florida. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of Florida, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.
This Agreement, along with the Privacy Policy incorporated within it by reference, constitutes the entire agreement between you and us. They govern your use of the Site (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Site.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.
If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.
We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Limitation Of Agreement:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Site.
No provision of this Agreement or the Privacy Policy may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
Copyright 2012 by MTT All Rights Reserved.