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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MYTESTANSWERS.COM, LLC (“MTA”) STATING THE TERMS THAT GOVERN YOUR USE OF THE MYTESTANSWERS.COM WEBSITE. THIS AGREEMENT CONSTITUTES THE "AGREEMENT" BETWEEN YOU AND MTA. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MTA MAY REFUSE ACCESS TO MYTESTANSWERS.COM FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. 1. Definition of the MyTestAnswers.com Service. MTA is the provider of MyTestAnswers.com (the "Service") that permits you to rent digital content under certain terms and conditions as set forth in this Agreement. 2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. 3. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply). Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no rental shall be construed to represent or guarantee you access to the Service. 4. Policies and Rules. Your use of the Service and transactions made through it are subject to MTA's Terms of Use detailed here, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement.. Your rental of content made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement. 5. Privacy a. MTA's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to MTA's Privacy Policy, which is expressly made a part of this Agreement. If you have not already read MTA's Privacy Policy, you should do so now. MTA may only use this information and combine it with aggregated information of other users who also opt-in to this feature, your MyTestAnswers.com purchase history data, aggregated purchase history data from other MyTestAnswers.com users, and other information obtained from third parties, to:
At all times your information will be treated in accordance with MTA’s Privacy Policy located at the link above. 6. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. MTA may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that MTA may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card. 7. User Account and Security. a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify MTA of any unauthorized use of your Account or any other breach of security. MTA shall not be responsible for any losses arising out of the unauthorized use of your Account. b. Security. You understand that the Service, and products transacted through the Service, videos ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by MTA and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by MTA for compliance purposes, and MTA reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through the Website that is provided by MTA for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Website in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. 8. Rental of MTA Content a. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules. Usage Rules (i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. (ii) You shall be authorized to use the Products only for personal, noncommercial use. (iii) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology that is part of the Service or used to administer the Usage Rules. (iv) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products. (v).Once you begin purchase a single video, you have twenty-four (24) hours to view the movie (the “Viewing Period”). When purchasing an entire section of videos, the Viewing Period increases to seventy-two (72) hours to view the videos. You may view the video(s) an unlimited number of times during the Viewing Period. Videos are not viewable after the Viewing Period expires. Stopping, pausing or restarting a movie does not extend the available time for viewing. b. You agree that your rental (as applicable) of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. MTA reserves the right to modify the Usage Rules at any time. c. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of MTA. Accordingly, in the event that MTA changes any part of the Service or discontinues the Service, which MTA may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that MTA shall have no liability to you in such case MTA reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. MTA has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that MTA in its sole discretion deems appropriate, including, without limitation, under Section 15 below. 9. Payment Methods. The Service accepts credit cards and MyTestAnswers.com Discount Codes, as forms of payment. If a credit card company is being used for a transaction, MTA may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or shortly thereafter. The Service accepts the following credit cards: Visa, MasterCard, American Express, and Discover. PLEASE NOTE Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a transaction has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another credit card. Refund Policy. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by MTA. Otherwise, no refunds are available. 10. Sales Tax. Service transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. We will only charge tax in states where such transactions are taxable. No customers are eligible for tax exemptions for transactions made on the Service. 11. For Assistance With Orders MyTestAnswers.com CUSTOMER SERVICE. For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here. Responses to emails will be provided as soon as possible. 12. Agreement to Pay. a. Payment for Products. You agree to pay for all Products you rent through the Service, and that MTA may charge your credit card for any Products rented and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MTA WITH A VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card, you must change your credit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until MTA can verify the validity of the new credit card). b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time. c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. 13. Delivery of Products. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by MTA. 14. Intellectual Property. a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, video clips, and editorial content, contains proprietary information and material that is owned by MTA and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. b. Removal of MTA Content or Other Materials. Notwithstanding any other provision of this Agreement, MTA and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will MTA be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. MTA may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. c. Copyrights. All copyrights in and to the Service, including but not limited to, the MyTestAnswers.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), are owned by MTA and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. d. Trademarks. MTA, the MTA logo, and other MTA trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of MTA Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. 15. Termination. a. Termination by MTA. If you fail, or MTA suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide MTA with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules, MTA, at its sole discretion, without notice to you may (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof). b. Termination of the Service. MTA reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and MTA will not be liable to you or to any third party should it exercise such rights. 16. General Compliance with Laws. The Service is controlled and operated by MTA from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. 17. Enforcement of These Terms. MTA reserves the right to takes steps MTA believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MTA's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that MTA has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MTA believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MTA's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). 18. Disclaimer of Warranties; Liability Limitations. a. MTA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MTA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY MTA) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. c. IN NO CASE SHALL MTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MTA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. d. MTA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MTA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. e. MTA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MTA DISCLAIMS ANY LIABILITY RELATING THERETO. 19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD MTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY MTA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM MTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MTA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. 20. Changes. MTA reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of MyTestAnswers.com following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. 21. Notices. MTA may send you notice with respect to the Service by sending an email message to the email address listed in your MTA Account contact information, by sending a letter via postal mail to the contact address listed in your MTA Account contact information, or by a posting on the Website. Notices shall become effective immediately. 22. Governing Law. The laws of the State of Texas, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MTA or relating in any way to your use of the Service resides in the courts of the State of Texas. 23. Miscellaneous. These Terms of Service constitute the entire agreement between you and MTA and govern your use of the Service, superseding any prior agreements between you and MTA. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MTA's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. MTA will not be responsible for failures to fulfill any obligations due to causes beyond its control. 24. Other Terms and Conditions MTA is not responsible for typographic errors. No MTA employee or agent has the authority to vary any of the Service's policies or the terms and conditions governing any sale. |
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