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 web site. The materials contained in this web site are protected by applicable copyright and trade mark law.
As a result of the performance of these Terms of Service and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business («Our Information»). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms of Service. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited, and Test Pro reserves all rights and remedies for any such disclosure. All obligations contained herein shall survive the termination of these Terms of Service. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an in-sufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
3. Use License
Permission is granted to temporarily download one copy of the materials(information or software) on this web site for personal, non-commercialtransitory viewing only. This is the grant of a license, not a transfer oftitle, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or «mirror» the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Test Pro at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
THE MATERIALS ON THIS WEB SITE ARE PROVIDED «AS IS.» TEST PRO 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 PRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
In no event shall Test Pro or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this web site, even if Test Pro or a Test Pro 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.
6. Information you submit
You expressly represent and warrant the following: (1) you are the owner, of any and all communication, content and/or information that you post through our web site, or; (2) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. In order to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
- will not violate any international, federal or state law, regulation, rule, or statute;
- will not violate the terms of these Terms of Service;
- will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
- will not contain obscene, lewd, or suggestive content;
- will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about Test Pro employees, agents, other members, or the service itself;
- will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the opera¬tion of our web site, operation of any of our systems and/or create or impose a large burden or load on our web site;
- will not scan or test the vulnerability or security through our web site and/or the system within which it operates;
- will not be used for commercial or public purposes outside of the terms of these Terms of Service;
- will not create liability for us in any manner whatsoever;
- will not frame or link to our web site without our written permission; and
- will not involve the upload, or insertion of, any programming language or code into or onto our web site.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all dama-ges incurred as a result of any of your online communication or distribution of information.
Test Pro has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Test Pro of the site. Use of any such linked web site is at the user’s own risk.
You agree to defend, indemnify, and hold Test Pro, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (i) your access, use, or misuse of the Services or the content, (ii) the information you provide to us or other users of the Services, or (iii) your violation of these Terms of Service.
9. Third Party Materials
Certain portions of Test Pro service may include, display, or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You understand that by using the Services, you may encounter Third Party Materials and other content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use Services at your sole risk and that Test Pro shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise.
11. Governing Law
Any claim relating to this web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
12. Contacting Test Pro
You can contact Test Pro Inc. by email at [email protected] or by 2160 Barranca Parkway #1037 Irvine CA 92606.