Hello and welcome to Higher Scores Test Prep.
Your access to and use of our site is not a right. We have a few rules about using it to make sure everyone enjoys their site experience and that everyone understands what’s expected of them. These rules (we call them terms) apply to your use of this website and all of its contents, and also apply to any products, services, or software offered on or through the site (Site).
PLEASE READ ALL OF THESE TERMS. IF YOU DON’T AGREE WITH THESE TERMS, PLEASE DON’T USE THE SITE.
If you access the Site in any way (including through automated means), you agree that these terms will apply to you and that you will follow them. You understand and agree that if you breach any of these terms, we can immediately terminate your use of the Site and, if you are a member, your membership. We won’t need to give you any reason or even a refund (if applicable).
When you see “we”, “us” and “our” it means Higher Scores Test Prep.
LICENCE TO USE THE SITE AND CONTENT ON THE SITE
• We own the Site, as well as all content posted, and all materials available, on the Site by us (we call this Content). We also own the underlying software and technologies used to operate the Site. The Content and these technologies are all subject to copyright, trademark and other intellectual property rights (we call these Intellectual Property Rights).
• You are allowed to use the Site and the Content only for your personal, non-commercial purposes. In particular, you can’t use the Site or any Content in ways that we haven’t authorized or in ways that would breach our Intellectual Property Rights (more on that in a minute!), or anyone else’s rights. What this means is that unless we specifically say so in writing to you, you aren’t allowed to modify, copy, republish, post, translate, sell, create derivative works, exploit or distribute in any way or medium (including by email or other means) any material from the Site. Phew!
You are allowed to download and/or print one copy of individual pages from the Site for your personal non-commercial use – but you have to keep intact all copyright and other proprietary notices we have included. They look like this Copyright ©2016 Lauren Gaggioli. All rights reserved.
You ARE allowed to “LIKE” us on social media and “SHARE” or “PIN” our Content on social media. In fact, we hope you will spread the word if you love what we do!
• As we said, we own the Site and the Content, and nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or allow you to exercise any Intellectual Property Rights, unless we specifically say so in writing to you.
SOCIAL SIGN IN AND MEMBERSHIP
• In order to access certain features on the Site, you may need to do one or more of the following things:
– register as a member;
– sign in via your social media account; or
– verify that you are over 18 years old.
• If you use a social media sign-in, the terms and conditions of your account with the third party social media service provider will apply, as well as these terms.
• In order to register as a member, you’ll need to provide us with accurate and up to date registration information including certain information about you including your gender, year of birth, zip/post code and country and/or other personally identifiable information such as your name and email address. You can choose a username which is different to your real name, however, you’re not allowed to impersonate someone else (say by using anyone else’s username or password) or use a vulgar or offensive username. Sometimes, we might need you to provide your real name or other identifying information – for example, if you need to pay for something on the Site.
• A gentle warning here: if you give us any information that isn’t true, complete, correct or isn’t current, we can suspend or terminate your access (or membership, if applicable) and refuse your current or future use of the Site or any Content.
• If you sign up as a member, you cannot transfer your membership to anyone else. Also any rights to your account, password, and username end if you die.
We may also send you business-related communications, for example, about your membership or if we update our policies. Because these are important business messages, you will not be able to opt out of receiving them. You agree that these non-marketing communications are not unsolicited commercial email advertisements and you agree to receive them.
The Site may include a number of features, such as forums, bulletin boards, blogs, comment fields, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others.
CONTENT YOU SUBMIT VIA THE SITE
• We encourage you and our other users to contribute to the Site by submitting content, comments, participating in the Site discussion forums and, where appropriate, uploading information, materials and photos (we call these Submissions).
• When you create a Submission, you will own copyright in all of your original content in the Submission. If you include someone else’s content in a Submission, please make sure you properly attribute that content to them by referencing the source of that content. When you submit, post or display a Submission on the Site, you give us, and anyone authorized by us, permission to modify, copy, republish, post, translate, sell, create derivative works, exploit or distribute in any way or medium (including by email or other means), for any purpose. Also, if we use any of your Submissions in this way, you give us the right to identify you as the author by your name or screen name.
• When you make a Submission, you promise that our use of your Submissions in accordance with these terms will not breach anyone else’s rights (including Intellectual Property Rights) or any applicable law.
• It is a condition of your use of the Site that your Submissions do not contain:
– any content including any comment, review, information, text, music, sound, photo, graphic, code or any other material, that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or which discriminates against or vilifies any group or individual or which would be rated R, NC-17 or X by the Classification and Rating Administration or its equivalent in another jurisdiction – just coverin’ all the bases!
– content that may infringe any trade secret or Intellectual Property Rights of any person or entity
– content that impersonates anyone or suggests that you have an affiliation with someone (including us) when you don’t
– promotions, mass mailings, spam, chain letters, political campaigning, advertising, contests, raffles, solicitations or the promotion of fund raising or charitable causes (unless in response to a written request made by us)
– content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or
– anyone else’s private information, including, surname (family name), addresses, phone numbers, email addresses and credit card numbers
• When you use the Site, you may be exposed to Submissions of other users that you find offensive, indecent or objectionable (we will deal with them separately!), and that you use the Site at your own risk. We reserve the right, for any reason, to pre-screen, monitor, review, modify, refuse or remove any or all Submissions (or any part of them) from the Site, but we have no obligation to do so, and we won’t be responsible or liable for any of the Submissions. In order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our members, sponsors, users and visitors, we may disclose any Submission and the circumstances surrounding its transmission to any third party.
• We don’t endorse, and we aren’t responsible for, the accuracy and/or reliability of any Submission made anywhere on the Site by anyone other than our staff while they are doing their jobs.
• If we post any additional community guidelines on the Site you need to follow them too.
• Thanks for understanding that each user of the Site is responsible for their own Submissions, and as a result, we have no control over, and aren’t responsible for, the truth, accuracy or completeness of any Submissions.
LINKING TO THIS SITE
• We encourage you to provide links to this Site. You can use the name of the Site in the text of any such link, but you can’t, without our prior written permission: (i) frame or inline link the Site or any Content; (ii) incorporate into another website or other product or service any part of the Site, Content or intellectual property; or (iii) use any of our logos or trademarks.
• You also can’t represent or imply (i) that any part of the Site belongs to anyone other than us; or (ii) sponsorship of any site by us or the Site.
• If we notify you that we object to the manner in which you provide links to this Site, you have to immediately cease providing such links.
All of the following rules are important but there are a couple we really want to draw to your attention to … so, it’s also a condition of your use of the Site that you do not:
• violate any applicable laws
• purchase, download or copy any Content and then pirate it
• pay attention to this one folks! – resell or redistribute any Content on its own or as part of a compilation, whether you claim it as your own property or even if you properly attribute it to us
• interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site
• distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software
• pay really close attention to this one too! – if applicable, disclose any password associated with an account you use to access the Site. If you do break this rule we will have to terminate your membership and we really don’t want to do that! Also, please remember you are solely and personally responsible for everything that occurs under your account!
• gain unauthorized access to the Site, or any account, computer system or network connected to the Site, including by hacking, password mining or other illegal means
• obtain or attempt to obtain Content or any materials or information through any means not intentionally made available by us through the Site
• collect, store or use any email address or other personal data about other users of the Site
• use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person
• use the Site for any purpose that is threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights
• modify or delete any Content and/or communications on the Site
• engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site.
WARRANTIES AND INDEMNITY
• You may have rights under statutory consumer protection laws which we are not allowed to exclude, restrict, limit or modify. The following exclusions of warranties, and the limitations of liability, apply subject to any rights you may have under those laws. Because this information is important, the law says we have to make them conspicuous – that’s why they are in bold letters – so please read them carefully.
• It is an essential pre-condition to your use of the Site that you specifically agree that your access to and use of the Site and the Content are at your sole risk and the Site and the Content are provided “as is” and “as available”. In particular, we don’t promise you that:
– your access to and use of the Site and the Content will meet your specific requirements (and you acknowledge that you have relied upon your own experience, skill and judgement to evaluate the Site and the Content and that you are satisfied as to the suitability of the Site and the Content to meet your requirements); or
– your access to and use of the Site and the Content will be uninterrupted, timely, secure or free from viruses or error.
• Sometimes qualities and conditions are implied by the law about things you buy. Where the law says we can, we also exclude all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the terms.
• In particular, we can’t, and don’t, promise that (1) your use of the Site or the Content will meet your requirements; (2) the Site and/or the Content will be uninterrupted, timely, secure, or error-free; (3) the results of your use the Site and/or the Content will be accurate or reliable; (4) the quality of any content, products, services, information, or other material offered on or through the Site or the Content will meet your expectations; or (5) that any errors will be corrected.
• If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation or otherwise) and cannot be excluded (we call this a Non-Excludable Term), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for a breach is limited to one or more of the following, at our option:
– in relation to goods, refunding your money, supplying the goods to you again, the replacement of the goods or the supply of equivalent goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or
– in relation to services, refunding your money, the supplying of the services again or the payment of the cost of having the services supplied again.
• Subject to our obligations under the Non-Excludable Terms, our maximum total liability to you for all claims arising under, or in relation to, these terms or otherwise as a result of your access to and use of the Site is limited to $100. Our liability to you will also be reduced to the extent that your acts or omissions (or those of a third party) contribute to, or cause, the loss or liability.
• Also, subject to our obligations under the Non-Excludable Terms and to the maximum extent the law allows us, we won’t be liable in any way to you for any loss you suffer as a result of:
(I) your access to and use of the Site; or
(II) your inability to use the Site, any Content or any products, services or third party material, products or services made available on or through the site,
even if we are advised beforehand of the possibility of such damages, for any indirect, consequential, incidental or punitive loss or damage or for any loss of goodwill, opportunities, anticipated savings, profits, revenue or bargain. (Because some countries (or states) do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In those places, our liability and the liability of our affiliates is limited to the extent the law of that place allows us to.)
• The limitations and exclusions above apply no matter how the liability arises. For example, in contract, tort, or equity, under statute, or under an indemnity.
• You must indemnify us (and in this section “us” includes our directors, officers, employees, affiliates, agents and contractors), against all claims, losses, damage, liability, costs or expense (including legal fees) suffered or incurred:
(i) in connection with a claim brought against us, to the extent that a third party claim arises out of, or is related to, your breach of any obligation or warranty in these terms or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party; or
(ii) as a result of or relating to your breach of any obligation, warranty, representation or covenant in these terms or your failure to comply with any laws.
‘Indemnify’ is a really ugly legal word that also means something pretty nasty. It means that you will have to pay our losses or damages. The real catch is that we don’t have to pay anything out of our pocket to someone else before it becomes your responsibility. If we have to pay someone money because of something you do, we can simply get you to pay it for us. That’s why it’s so important that you understand how serious the promises you make to us are.
• We aren’t responsible to you for any loss, corruption or interception of data sent to or from the Site that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
• You agree that you will be financially responsible for all purchases made by you (or someone acting on your behalf) through the Site. You also agree that you will only purchase goods or services for yourself (or for another person for whom you are legally permitted to do so). If you make a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you promise that you have obtained their express consent to provide their personal information to us.
• All sales are billed in USD.
• All sales are final. We do not accept returns, or provide refunds, unless clearly stated.
• From time to time, certain sections of the Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for their policies.
When you purchase third party products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. Most importantly though, you agree that we aren’t liable to you for any damages that you incur or losses that you suffer if you purchase or use third party products or services on or through the Site, and you also agree that you won’t assert any claims against us arising from your purchase or use of those products or services.
• Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are strictly between you and the third party. You agree that we aren’t responsible or liable for any loss, damage, or other matters of any sort incurred as the result of your dealings with the third party.
We may, under certain circumstances and without giving you any notice, terminate your account, any associated username or your access to the Site, any Content or any services. We might do this if, for example: (1) you breach these terms or any of our other policies or rules; (2) you don’t use or access the Site for an extended period of time; (3) you engage in fraudulent or illegal activity; (4) we have unexpected technical or security issues; or (5) law enforcement or other government agencies request that we do so.
Every now and then we may modify or discontinue (temporarily or permanently) any or all of the Site and/or the services offered through the Site. If we revise these terms, the revised terms will take effect when they are posted. If you continue to use the Site after we post any changes, you accept the revised terms or services. Any new features, services, and/or enhancements that we develop in future are subject to these terms. You agree that we won’t be liable to you or anyone else for any modification, suspension or discontinuance of the Site, any Content or the services offered through the Site.
LINKS AND ADVERTISEMENTS
• The Site may, from time to time, contain links to third party websites or include advertising or promotional material provided by our advertisers. Some of the links we provide are “affiliate links”. This means if you click on the link and purchase the item connected to that link, we will or may receive an affiliate commission. We aren’t responsible for, and don’t endorse, the content, information, opinions, advice, products or services or accuracy of any other sites linked to the Site or advertising or promotional material published on the Site. You should contact the relevant third party directly if have any questions.
• In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. In that case, the advertiser is solely responsible for the offer.
• Where the Site includes products of third parties available for purchase, the prices and product description are the responsibility of that third party.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you honestly believe that materials hosted by us infringe your copyright, you can send us a notice requesting that the material be removed or access to it blocked.
It’s important that you make sure your notice complies with all of the requirements of the DMCA or it won’t be deemed to give us actual knowledge of facts or circumstances necessary to prove the infringement.
Also, if the boot’s on the other foot and you honestly believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then-current requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notice of claims of copyright infringement or counter notices can be sent to us at: firstname.lastname@example.org. Please make sure you include the words “COPYRIGHT INFRINGEMENT NOTICE” in the subject header of your email.
• Just like a speeding ticket, you can’t transfer any of your rights or obligations under these terms to anyone else without our prior permission.
• If we choose, at any time, not to insist on a right or remedy that these terms give us, that doesn’t mean we won’t be able to take advantage of that right or remedy at any other time.
• If, for some reason, it turns out that there is something in these terms that isn’t legally enforceable, we will cross it out. In other words, these entire terms won’t be invalidated just because one or more parts of it are invalid.
• If we can’t resolve any issues between us, our dispute will be controlled by the laws, and in the courts of Florida, USA. You and we agree that neither of us will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
• These terms represent the entire agreement between us in relation to the Site. Any prior communications or displays between us (whether electronic, oral or written) aren’t legally binding on either of us.
If you have any questions regarding these terms, you can contact us at:
Mail: 5205 Avenida Encinas, Suite A, Carlsbad, CA 92008