TERMS OF USE

Quebequois Conditions

ExamSoft Worldwide, Inc. (“ExamSoft”) operates this ExamSoft website (“Website”) to provide online access to information about ExamSoft® products, services, and solutions. By accessing or using this Website, you are agreeing to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference (referred to collectively as the “Terms”). The Terms do not alter in any way the terms or conditions of any other written or online terms and conditions or agreements you may have or will have with ExamSoft. If you do not agree to these Terms, then you should not use this Website.

Use of Website

ExamSoft grants you a limited, revocable, nonexclusive right and license to use this Website solely for your non-commercial, personal use to learn about ExamSoft products and services and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. This Website contains material which is owned by or licensed to ExamSoft. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

While we encourage you to use the Website, we want to ensure that you comply with these Terms of Use. Therefore, we prohibit the following activity in the course of your using the Website: (a) reproduction or republication of any portion of the Website without proper copyright attribution; (b) submitting material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, harm to minors or physical harm of any kind against any group or individual, or is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (c) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing, “spam” or harvesting or otherwise collecting personally identifiable information about users, including names, phone numbers, addresses, email addresses without their consent; (d) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (e) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in or on the Website (f) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; (g) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (h) taking any action that imposes an unreasonable or disproportionately large load on the Website. This Website is for your personal use, and you will not violate any of the Terms of Use. If you do, ExamSoft reserves the right to terminate immediately your access to or use of the Website.

Copyright

The Website and the content are protected by copyright laws of the United States and other jurisdictions, and belong to ExamSoft or its partners, affiliates, contributors or third parties. You may download and reprint content for your personal, non-commercial, non-public use. If you are browsing this Website as an employee or member of any business or organization, you may download and reprint content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ExamSoft (for example in certain password-restricted areas of the Website). You may not manipulate or alter in any way images or other content on the Website.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide in writing to ExamSoft’s Legal Department the information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Your address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website, including the current Website address;
• A statement by you that you have a good-faith belief that the disputed use is unauthorized; and
• A statement by you, made under penalty of perjury, that the above information in your notice is true, accurate complete, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ExamSoft’s Legal Department address is set forth below for notice of claims of copyright infringement on this Website:
ExamSoft Worldwide, Inc.:
Attn: Legal Department
5001 LBJ Freeway, Suite 700, Dallas, TX 75244
phone: 866-429-8889
e-mail: legal@examsoft.com

Trademarks

ExamSoft or third-parties own trademarks used or displayed on the Website , and are the property of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law.

Links to Other Websites

This Website may contain links to other websites of interest. Such links do not constitute or imply an endorsement, sponsorship, or recommendation of any kind by ExamSoft,. ExamSoft is not responsible for the availability of such website or its content. If you use these links, you will leave this Website, and will be subject to the terms of use and privacy policy applicable to those websites.

Downloading Files

ExamSoft cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.

Software

Any software available for download via the Website is the copyrighted work of ExamSoft and/or its licensors. Your use of this software is subject to the terms of any associated end user license agreement included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, ANY WEBSITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE WEBSITE AND ANY WEBSITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXAMSOFT AND ITS SUPPLIERS, LICENSORS, AND OTHER PARTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
2. EXAMSOFT AND ITS SUPPLIERS, LICENSORS, AND OTHER PARTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE WEBSITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (III) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (V) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (VI) ANY ERRORS IN THE WEBSITE OR SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE WEBSITE OR EXAMSOFT’S SOFTWARE.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXAMSOFT OR THROUGH OR FROM ITS WEBSITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF THE WEBSITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

Limitation of Liability

IN NO EVENT SHALL EXAMSOFT, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF EXAMSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR WEBSITE-RELATED SERVICES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, EXAMSOFT’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification

You understand and agree that you are personally responsible for your behavior in using the Website. You agree to indemnify, defend and hold harmless ExamSoft, its suppliers, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers, as well as their directors, officers, agents, representatives and employees from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website, the services provided through the Website, or the content, or any violation of law.

Enforcement

If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Any and all disputes relating to these Terms, ExamSoft’s Privacy Policy, your use of the website, any other ExamSoft website are governed by, and will be interpreted in accordance with, the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between ExamSoft and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas.

Privacy

Your visit to ExamSoft’s Website is also governed by ExamSoft’s Privacy Policy. Click here to see ExamSoft’s Privacy Policy located at https://examsoft.com/privacy-policy.

Password Security

You are responsible for securing, protecting and maintaining the confidentiality of your login credentials, including user name, email address and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your login credentials.

General Provisions

If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact the remaining provisions of these Terms, all of which will remain in full force and effect. ExamSoft’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between ExamSoft and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Dallas County, Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. ExamSoft may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of ExamSoft. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to ExamSoft’s Website within one year after it arises.

Changes to Terms of Use

Please check this page periodically for changes as ExamSoft reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms and the Website at any time. Any such modifications shall be effective immediately. Your continued use of the Website following the posting of any changes to the Terms will mean that you accept such changes.
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