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Use. We may periodically change the terms, so please check them
from time to time as you continue use of this site.
Site Materials:
Definition
of terms: Throughout this agreement, "Material" means
content available through the 800score.com web site, including
downloadable software and the Test Pacer. The Material and all
its separate parts are protected by Copyright law.
You agree not to distribute, publish, transmit, modify, display
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to 800score.com regarding the information, books, other publications,
or Material provided via this Web site shall be deemed to be non-confidential
and 800score.com shall be free to reproduce, use, disclose and
distribute the information to others without limitation.
All Material is protected by U.S. and international copyright
laws. Unauthorized reproduction or distribution of this Material,
or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible
under law.
1. TERMS OF USE
(a) You
may:
(i) use the Material on up to two computers for personal use only.
(b) You may not:
(i) alter the Material in any way or for any purpose, including
but not limited to reverse engineering, decompiling, or disassembling
the Material
(ii) alter the output documents produced by this Material in any
way or for any purpose
(iii) grant a security interest in, or otherwise transfer rights
to the Material
(iv) use this Material in a computer-based services business or
product, such as a private counseling business, without a specific
business license from 800score.com.
(v) provide access to, use of, or output from this Material to
anyone for profit
(vi) modify or prepare derivative works from this Material
(vii) rent, lend, lease, or provide this Material without a specific
license agreement from 800score.com
(viii) remove this license from the Material
2. OWNERSHIP
The Material and its output are copyrighted by 800score.com and, to the extent not protected by copyright, a trade secret of 800score.com You agree to use reasonable efforts to protect the Material and its output from unauthorized reproduction or use.
3. MISUSE
If you use this Material in a private counseling or computer-based for-profit service in violation of 1.c.iv above, you agree to pay 800score.com, as liquidated damages, all profits made by your use of the Product for such a business, plus interest computed at the maximum rate permitted by law, and all legal fees and other expenses incurred by 800score.com in enforcing its rights.
4. LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall 800score.com be liable for any incidental, special, or consequential damages that result from use of this Material. 800score.com makes no representation, warranty or condition of any kind whether express or implied (either in fact or by operation of law) with respect to the Material. 800score.com expressly disclaims all warranties or conditions of merchantability, non-infringement or fitness for a particular purpose. Tests are simulations of the actual exam. 800score.com is not responsible for policy on the part of ETS/GMAC which would make our Material ineffective or unusable. The user is responsible for knowing current ETS/Sylvan policy in the user's region. 800score.com does not warrant that the Material is error free or that operation of the Material will be secure or uninterrupted and hereby disclaims any and all liability on account thereof. The above limitation shall apply to the extent allowable by applicable law.
5. TERMINATION
This license
and your right to use this Material automatically terminate if
you fail to comply with any provisions of this Agreement or destroy
your original and back-up copies of the Material in your possession.
In any case, upon termination you will destroy all copies of the
Material.
Content and Disclaimer Notice:
The information provided through this Web site is believed to be accurate. However, all information is provided "AS IS" without any express or implied warranties. Neither 800score.com, nor its affiliates, assume any responsibility for inaccuracies, errors, or omissions which may be contained herein.
800SCORE.COM DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION AND MATERAL PROVIDED VIA THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL 800SCORE.COM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR USE OF THE MATERIAL PROVIDED VIA THIS WEB SITE.
800score.com reserves the right to make changes to this Web site including but not limited to changes to any downloadable Material or to any other information provided regarding products, programs and/or services at any time, without notice or obligation.
For your convenience 800score.com provides links on its Web site to other sites which are not in its control. 800score.com is not responsible for the content on the Internet or the world wide web pages outside its control and makes no representation as to the quality, suitability, functionality or legality of any sites to which links are provided. A link does not imply endorsement by 800score.com of these sites which you access at your own risk.
800score.com makes no guarantee as to the functions of this Web site, that they will be uninterrupted, error-free, that the Web site or its server will be virus free or free of other harmful components, or that defects will be corrected by 800score.com.
Intellectual Property: The product(s), process(es), information and technology described via this 800score.com Web site may be the subject of Intellectual Property rights, such as patents, reserved by 800score.com. Nothing contained in the information provided via this Web site shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of 800score.com or any third party. Nothing contained herein shall be construed as conferring any license or right under any 800score.com copyright or under the copyright of any third party.
You agree to indemnify, defend and hold harmless 800score.com for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to 800score.com, and that in the event of an unauthorized use, 800score.com shall be entitled to an injunction in addition to any other remedies available at law or in equity.
While 800score.com
does not have the ability to actively monitor content third parties
submit to its Web site or control what third parties may post
there, it reserves the right (consistent with the Digital Millennium
Copyright Act and the Telecommunications Act of 1996) to remove
or disable access to, or to compel client to remove or disable
or restrict content that infringes third party intellectual property
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