Effective Date: March 4, 2021
Use of Website
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ExamSoft’s Legal Department address is set forth below for notice of claims of copyright infringement on this Website:
ExamSoft Worldwide LLC.:
Attn: Legal Department
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Links to Other Websites
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Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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.
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.
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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.
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.