|
Last Updated
May 5, 2010
TERMS OF USE-AGREEMENT BETWEEN EXAMVILLE.COM AND USER
The network of Web Sites operated by Examville.com, LLC ("Examville.com") is
comprised of various Web sites and Web pages (collectively, the "Examville.com
Web Site"). The Examville.com Web Site and Examville.com services (the
"Services") are offered to you conditioned on your acceptance, without
modification of the terms, conditions, and notices contained herein. Your use of
the Examville.com Web Site constitutes your agreement to all such terms,
conditions, and notices. Your use of a particular Examville.com website included
within the Examville.com Web Site network may also be subject to additional
terms outlined elsewhere on that website (the "Additional Terms"). Additionally,
the Examville.com Web Site may contain additional terms that govern particular
features or offers (for example, prize giveaways or community posting or chat
areas). In the event that any of the terms, conditions, and notices contained
herein conflict with the Additional Terms or other terms and guidelines
contained within any particular Examville.com website, then these terms herein
shall control. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS AND THE
EXAMVILLE.COM PRIVACY POLICY CAREFULLY BEFORE USING THE EXAMVILLE.COM WEB SITE.
By accessing and using the Examville.com Web Site, or paying for someone else to
use and access the Examville.com Web Site and/or the Services, you agree to
these terms of use, conditions and all applicable laws. If you do not agree
to these terms herein or the Examville.com Privacy Policy, do not use the
Examville.com Web Site and the Services.
The Examville.com Web Site and the Services are NOT intended for use by users
who are under 13 years old.
MODIFICATION OF THESE TERMS OF USE
Examville.com reserves the right to change the terms, conditions, and notices
under which the Examville.com Web Site is offered, including but not limited to,
the charges and subscriptions associated with the use of the Examville.com Web
Site. You are responsible for regularly reviewing these terms and conditions.
The Terms of Use are subject to change by Examville.com at any time, effective
upon posting on the Examville.com Web Site, and your use of the Examville.com
Web Site after such posting will constitute acceptance by you of such changes.
ELIGIBILITY
Use of the Examville.com Web Site is void where prohibited. By using the
Examville.com Web Site, you represent and warrant that (1) all registration
information you submit is truthful and accurate; (2) you will maintain the
accuracy of such information; and (3) your use of the Examville.com Web Site
does not violate any applicable law or regulation.
PRIVACY
The access and use of the Examville.com Web Site and/or the Services are also
governed by our Privacy Policy.
ACCESS AND USE COSTS AND EQUIPMENT
You are solely responsible for service, telephone and/or any other fees or costs
or charges associated with access to and use of the Examville.com Web Site and
the Services provided herein, as well as obtaining and maintaining the computer
hardware, all telephone and any other equipment and technology required and
necessary for such access and use.
USE OF SITE: PERSONAL AND
NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Examville.com Web Site is for your personal and
noncommercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the
Examville.com Web Site.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, electronically copy, download and print hard copy
portions of the material from the different areas of the Examville.com Web Site
solely for your own noncommercial use, or to place an order with Examville.com
or to purchase Examville.com products and services. Any other use of materials
on the Examville.com Web Site, including but not limited to, the modification,
reproduction, distribution, republication, display or transmission of the
content of the Examville.com Web Site, without prior written permission of
Examville.com, is strictly prohibited.
Harassment in any manner or form on the Examville.com Web Site, including via
e-mail and chat or by obscene or abusive language is strictly forbidden.
Impersonation of others, including a Examville.com employee, host, or
representative or other members or visitors on the Examville.com Web Site is
prohibited. You may not upload to, distribute, or otherwise publish through the
Examville.com Web Site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable, or which may constitute or encourage a criminal
offense, violate the rights of any party or otherwise give rise to liability or
violate any law. You may not upload commercial content on the Examville.com Web
Site or use the Examville.com Web Site to solicit others to join or become
members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS
The entire content included in the Examville.com Web Site, including but not
limited to text, design, graphics, interfaces, or code and the selection and
arrangements thereof is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Examville.com. The collective
work includes works that are licensed to Examville.com. ALL RIGHTS RESERVED. All
trademarks, service marks, and trade names (collectively the "Marks") are
trademarks or registered trademarks of and are proprietary to Examville.com, or
other respective owners that have granted Examville.com the right and license to
use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to the website's designated agent.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. Examville.com respects the intellectual property of others,
and we ask our users and visitors to do the same. Examville.com will process and
investigate notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying with the DMCA,
Examville.com will act to remove or disable access to any material found to be
infringing or found to be the subject of infringing activity and will act to
remove or disable access to any reference or link to material or activity that
is found to be infringing. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide Examville.com the
following information. Please be advised that to be effective, the Notification
must include ALL of the following: (1) a physical or electronic signature of the
person authorized to act on behalf of the owner of an exclusive copyright that
is allegedly infringed; (2) a description of the copyrighted work that you claim
has been infringed; (3) a description of where the material that you claim is
infringing is located on the Examville.com Web Site; (4) your address, telephone
number, and email address and all other information reasonably sufficient to
permit Examville.com to contact you; (5) a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; (6) a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright
owner or authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Attn. Copyright Agent, Examville.com, LLC, 42 Broadway, Suite
1836, New York, NY 10004
By Email: copyright(at)examville.com (Please include "Notice of Copyright
Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR
NOTIFYING EXAMVILLE.COM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS,
OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TYPOGRAPHICAL ERRORS
In the event an Examville.com product or service is listed at an incorrect price
due to typographical error or error in pricing information received from our
suppliers, Examville.com shall have the right to refuse or cancel any orders
placed for product or service listed at the incorrect price. Examville.com shall
have the right to refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled, Examville.com shall
issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the
Examville.com Web Site and/or completing the registration and/or purchasing
process. These terms and conditions, or any of them, may be modified or
terminated by Examville.com without notice at any time for any reason. The
provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation
of Liability, Indemnification, Applicable Laws, Arbitration and General, shall
survive any termination.
USER PARTICIPATION
Examville.com does not and cannot review all communications and materials posted
to or created by users accessing the Examville.com Web Site and are not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute user
generated content on the Examville.com Web Site, Examville.com is merely acting
as a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the Examville.com Web
Site. However, Examville.com will have the right to block or remove
communications, information, materials or accounts that in its sole opinion
violates, or may violate, any applicable law or either the letter or spirit of
this Agreement or upon request of any third party. Note that any personally
identifiable information you may post or transmit will be treated by
Examville.com in accordance with Examville.com's Privacy Policy.
LICENSING OF USER CONTENT
You own all of the content you post, upload, display, publish or otherwise make
available on the Examville.com Web Site. By posting, uploading, displaying or
otherwise making available any content, you automatically warrant and/or grant
that the owner has granted to Examville.com, its affiliates, licensees and
successors, a non-exclusive, royalty-free, fully-paid, sub-licensable,
perpetual, worldwide, irrevocable, transferable license, to publicly display,
publicly perform, distribute, store, alter, rearrange, sell, transcode,
syndicate, broadcast, reproduce, edit, modify, create derivative works, and
otherwise use and reuse your content (or any portion or derivative work thereof)
in any manner, in any medium, for any purpose to the extent required to deliver
or modify the Services. This license ends when you remove your content from the
Examville.com Web Site or your account except to the extent your content has
been shared with others, and they have not deleted it.
You also understand that when you remove content submitted by you, it is deleted
in a manner similar to emptying the recycling bin on a computer. You understand
removed content may persist on backup copies for a reasonable period of time.
USER SUBMISSIONS
Except for any personally identifiable information we may collect from you under
the guidelines established in our Privacy Policy, any material, information or
other communication you transmit, upload, sell, or post to the Examville.com Web
Site ("Communications") will be considered non-confidential and non-proprietary.
Examville.com will have no obligations with respect to the Communications.
Examville.com and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data, images, sounds,
text, and other things embodied therein for any and all commercial or
noncommercial purposes.
USER COMMUNITY AREAS - OPEN PLATFORM FOR USERS
Examville.com may, but is not obligated to, monitor or review any areas on the
Examville.com Web Site where users transmit or post Communications or
communicate solely with each other, including but not limited to, live classes
section, study aids, Tutor Central Live™, NotesXchange™, Q&A and meet up
sections or other open user forums/platform, and the content of any such
Communications. Examville.com, however, will have no liability related to the
content of any such Communications, whether or not arising under the laws of
copyright, trademarks, libel, privacy, obscenity, or otherwise.
USER CONDUCT - RESTRICTIONS ON USER COMMUNICATIONS
You will not transmit to other users, post on the Examville Web Site,
communicate any content or link thereto, or otherwise engage in any activity on
the Examville Web Site or through the Services, that: (1) contains others
copyrighted content (for example, texts, photographs, images, music, movies,
videos, software, etc.) without obtaining permission first; (2) contains video,
audio photographs, or images of another person without his or her permission (
or in the case of a minor, the minor child's legal guardian); (3) promotes
racism, bigotry, hatred or physical harm of any kind against any individual or
group; (4) is defamatory, inaccurate, abusive, profane, obscene, offensive,
sexually oriented, sex related or otherwise objectionable; (5) is intended to or
tends to harass, annoy, threaten or intimidate any other users of the
Examville.com Web Site or the Services; (6) intended to defraud, swindle or
deceive other users of the Examville Web Site or the Services; (7) impersonates,
or otherwise misrepresents affiliation, connection or association with, any
person or entity; (8) solicits gambling or engages in any gambling or similar
activity; (9) uses the Examville.com Web Site or the Services for spam e-mails,
junk mail or chain letters; (10) is in any way used for in connection spamming,
phising, spimming, trolling, or similar activities which disrupt or interfere
with the functioning of the Examville.com Web Site; (11) solicits or promotes
support of or involvement in a political platform, religion, sect or cult; (12)
contains viruses, trojan horses, time bombs, worms or cancelbots or other
harmful or disruptive codes, devices or components; (13) promotes or enables
illegal or unlawful activities, such as instructions on how to make or buy
illegal weapons or drugs, violate someone's privacy, harm or harass another
person, obtain others identify information, create or disseminate computer
viruses, or circumvent copy-protected devices; (14) collects or solicits
personal information about anyone under 18; or (15) disseminates another
person's personal information without his or her permission or collects or
solicits another person's personal information for commercial or unlawful
purposes.
ADDITIONAL RESPONSIBILITIES AND OBLIGATIONS OF USERS
In addition to the Paragraph above, you agree that you: (1) will NOT disclose
any information to each other that can be considered personally identifiable
including, but not limited to, your full name, address, telephone number, email
address, social security number, password, or any other information that can be
used to identify or locate you; and (2) you will NOT solicit personal
information from each other and agree that if either a student or a teacher ever
discloses such information to you, asks for any personal information, or
suggests any offline meeting or communication, you agree to immediately report
this to Examville.com by email AND regular mail.
COMMISSIONS, FEES & TAXES
CONCERNING OPEN PLATFORM, INCLUDING, TUTOR CENTRAL LIVE™, LIVE CLASSES, AND
NOTESXCHANGE™
Certain features
on the Examville.com Web Site, including, limited browsing and listing
education-related services and/or documents, are free.
Prices for paid services and documents offered by users are set by users.
Examville.com charges a 30% commission
on every completed transaction using the Examville.com Web Site.
Examville.com reserves all rights to modify said commission at its sole
discretion.
Unless otherwise
stated, all fees are quoted in U.S. Dollars. You are responsible for paying all
fees and applicable taxes associated with the Examville.com Web Site and
Services in a timely manner with a valid payment method. If your payment method
fails, we may collect fees owed using other collection mechanisms, including,
retaining collection agencies and legal counsel.
PREMIUM PUBLISHERS SECTION
Digital content offered for sale in the Premium Publishers section are copyrighted materials of the respective publishers. Any purchase of digital content is non-refundable.
.
CHILDREN'S PRODUCTS
Examville.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Examville.com only with the involvement of a parent or guardian.
USER FEEDBACK
Examville.com welcomes user feedback or other suggestions so that we may provide
the best possible service to our users. By submitting your feedback or other
suggestions, you understand and agree that Examville.com may use them without
any obligation to compensate you for them (you have no obligation to submit them
to us either).
THIRD-PARTY LINKS
In an attempt to provide increased value to our users, the Examville.com Web
Site may contain links to other sites on the Internet that are owned and
operated by third party vendors and other third parties, including, without
limitation advertisers, which are not under the control of Examville.com (the
"External Sites"), and Examville.com is not responsible for the content of any
linked site or any link contained in a linked site, or any changes or updates to
such websites. However, even if the third party is affiliated with
Examville.com, Examville.com has no control over these linked sites, all of
which have separate privacy and data collection practices, independent of
Examville.com. Examville.com has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy practices
or the content of such web sites. You agree that Examville.com will not be
responsible or liable for any loss or damage of any sort incurred as a result of
any such dealings, including sharing information you supply to Examville.com
with partners or advertisers or sponsors, or as a result of the presence of such
partners or advertisers or sponsors on the Examville.com Web Site. Please visit
our Privacy Policy. These linked sites are only for your convenience and
therefore you access them at your own risk. Links do not imply that
Examville.com sponsors, endorses, or accepts any responsibility for the content
on, is affiliated with or associated with, or has been legally authorized to use
any trademark, trade name, service mark, design, logo, symbol or other
copyrighted materials displayed on or accessible through such External Sites.
Nonetheless, Examville.com seeks to protect the integrity of its site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not
work).You should contact the Site administrator or Webmaster for those External
Sites if you have any concerns regarding such links or the content located on
such External Sites.
MEMBERSHIP
You may become a Member of the Examville.com Web Site for free. As a Member, you
will have the ability to participate in some, but not all of the features and
services available within the Examville.com Web Site. To access the additional
services and features, you must pay and subscribe to the Services. Please see
the Examville.com Web Site for descriptions of all the current subscription
plans and service fees.
SUBSCRIPTIONS, SERVICE FEES, AND REFUNDS
Examville.com charges your credit card or any other type of payment method up
front and immediately for all
subscriptions and service fees. Once
your credit card is processed, you are agreeing to the duration of the specific
subscription package and/or service you sign up for.
Your subscription will terminate at the
end of the subscription term for which you have paid.
You will
NOT receive any refund for any
unused days of such subscription term and/or service.
Unless otherwise expressly provided,
services and documents offered by Examville.com are
NOT subject to refunds.
Unless otherwise expressly provided, services and documents offered by
users on Examville.com Web Site,s open platform are
NOT subject to refunds.
(Transactions through Paypal.com are subject to Paypal's terms and
conditions and their privacy policies.)
PAYMENT
You understand and agree that in order to receive payment for services and
documents sold on the Examville.com Web Site, you must submit all requisite
information requested by Examville.com.
Payment will be made in accordance with the guidelines set forth in FAQ -
Payment Information.
E-MARKETING
By agreeing to the terms of use herein, you give Examville.com express
permission to email you, from time to time, updates on, including, but not
limited to account and documents, as well as relevant special promotions and
offers proffered by Examville.com. If you wish to opt out of such an emailing
list, please email us at info(at)examville.com (Please include "E-Marketing Opt
Out" in the subject headline).
CLAIMS
Each claim or statement about the effectiveness of Examville.com products and
services and/or each claim or statement comparing the effectiveness of
Examville.com products and services to the effectiveness of other products and
services is expressly limited to the United States, unless otherwise disclosed
on the Examville.com Web Site.
DISCLAIMER
Examville.com makes no warranties or representations about the accuracy or
completeness of the site's content or the content of any site or External Sites.
Examville.com does not filter advertisements or other content that children may
view through our sites or "hot-linked" sites, and they could receive content and
materials from the Internet and/or advertising that are inappropriate for
children. We encourage parents and guardians to spend time online with their
children and to consider using an electronic filtering software.
The open
platform of the Examville.com Web Site facilitates a marketplace for users for
education-related services and documents.
Unless otherwise expressly
specified, Examville.com does not hire or employ any users who participate
in its open platform nor are we responsible or liable for any interactions
between users, including but not limited to, teachers/tutors and their students.
Examville.com is not responsible for disputes, claims, losses, injuries,
or damages of any kind that may arise or arises out of or related to the conduct
of users.
Examville.com
does not control any Communications (as defined above) by users on the
Examville.com Web Site. Thus, we do
not guarantee in any way the validity, accuracy, reliability or truthfulness of
such Communications. Examville.com cannot and does not make any guarantees with
respect to user satisfaction vis-Ã -vis the Services and documents offered on the
Examville.com Web Site. Although
Examville.com has express prohibition against certain types of Communications
(as set forth above), nonetheless, you understand that by accessing and/or using
the Examville.com Web Site, you may be exposed to user Communications that is
indecent, offensive, or otherwise objectionable.
NO WARRANTIES
THE EXAMVILLE.COM WEB SITE AND THE MATERIALS, INFORMATION, SERVICES, AND
PRODUCTS IN THE EXAMVILLE.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, TEXT,
GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, EXAMVILLE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
EXAMVILLE.COM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THOSE DEFECTS WILL BE CORRECTED, OR
WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXAMVILLE.COM DOES
NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN
THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. EXAMVILLE.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE
WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF ITS SERVICES ON THE
EXAMVILLE.COM WEB SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EXAMVILLE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES
WHATSOEVER, EVEN IF EXAMVILLE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER
THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM
THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EXAMVILLE.COM'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION (WHETHER IN
CONTRACT, OR NOT, (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE EXAMVILLE.COM WEB SITE.
THIRD PARTY CONTENT
Statements, advice, opinions, offers, or other information or content made
available through the Examville.com Web Site, but not directly by Examville.com,
are those of their respective authors, and should not be necessarily be relied
upon. Such authors are solely responsible for such content. EXAMVILLE.COM DOES
NOT: (1) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION
PROVIDED ON THE SITE, OR (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE
ACCURACY OR RESPONSIBILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY
OTHER THAN EXAMVILLE.COM. UNDER NO CIRCUMSTANCES WILL EXAMVILLE.COM BE
RESPONSIBLE FOR ANY LOSS OR DAMAGES RESULTING FROM ANYONE'S RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE EXAMVILLE.COM WEB SITE, OR
TRANSMITTED TO OR BY ANY USERS.
BETA FEATURES
Periodically, Examville.com may offer new "beta" features or tools with which
its users may experiment on the Examville.com Web Site. Such features or tools
are offered solely for experimental purposes and without any warranty of any
kind, and may be modified or discontinued at Examville.com's
sole discretion. The provisions of the
Disclaimer Section herein apply with full force to such features and tools.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Examville.com, its officers,
directors, employees, agents, licensors and suppliers (collectively, the
"Provider") from and against any actual or alleged claims, demands, causes of
action, judgments, losses, expenses, damages and costs, (including reasonable
attorneys' fees and other legal fees and costs), arising out of or relating to
(1) your violation of these terms and conditions in this Terms of Use or any
laws, rule or regulation; (2) any activity related to your Internet account
(including negligent or wrongful conduct), by you or any other person accessing
and using the Examville.com Web Site using your Internet account; (3) a claim
that is based on your use of any content on Examville.com; or (4) any material
uploaded by you or through your account or through your computer to
Examville.com or otherwise transmitted to Examville.com.
APPLICABLE LAWS
Your use of the Examville.com Web Site shall be governed in all respects by the
laws of the state of New York, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or relating to the
Examville.com Web Site (including but not limited to the purchase of
Examville.com services and products) shall be in the state or federal courts
located in New York, NY, United States of America. Any cause of action or claim
you may have with respect to the Examville.com Web Site (including but not
limited to the purchase of Examville.com services and products) must be
commenced within one (1) year after the claim or cause of action arises.
Examville.com's failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions.
Examville.com may assign its rights and duties under this Agreement to any party
at any time without notice to you. Examville.com makes no representation that
materials in the Examville.com Web Site are appropriate or available for use in
other locations, and access to them from territories where their content is
illegal and prohibited. Those who choose to access the Examville.com Web Site
from locations outside New York do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or export
the materials in violation of U.S. export laws and regulations. Any claim
relating to the materials shall be governed by the internal substantive laws of
the State of New York.
ARBITRATION
By using the Examville.com Web Site, you agree that Examville.com, at its sole
discretion, may require you to submit any disputes arising from the use of the
Examville.com Web Site, or these Terms of Use concerning or, including disputes
arising from or concerning their interpretation, violation, nullity, invalidity,
non-performance or termination, as well as disputes about filling gaps in this
contract or its adaptation to newly arisen circumstances, to final and binding
arbitration under the International Rules of Arbitration of the American
Arbitration Association, by one or more arbitrators appointed in accordance with
said Rules. Notwithstanding these rules, however, such proceeding shall be
governed by the laws of New York state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any party other
than the direction to pay a monetary amount. Further, the arbitrator(s) shall
have no authority to award punitive, consequential or other damages not measured
by the prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
GENERAL
Examville.com may revise these Terms at any time by updating this posting. You
should visit this page from time to time to review the then-current Terms
because they are binding on you. Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms located on particular
pages at the Examville.com Web Site.
|
