ExamBuilder PRIVACY POLICY

Protecting the security of your content as well as your personal privacy is directly linked to our success as a company and therefore is of paramount importance to us. Our policy is as follows:
  1. We never disclose any communications or content that you have entered in our system to anyone under any circumstances without exception.
  2. We never sell your registration information (name, telephone number, mailing address, credit card information, etc.) to anyone under any circumstances without exception.
  3. We never use any information about where you personally go on ExamBuilder or the Web, and we do not give it out to others under any circumstances.
  4. We use secure technology, privacy protection controls, and restrictions on employee access in order to safeguard your data and personal information.

ExamBuilder SERVICE USER AGREEMENT

1. Agreement and General Terms of Use

1.1 This User Agreement constitutes the agreement between ExamBuilder ("ExamBuilder") and you as a user who accesses or establishes a connection ("user," "you," or "your") to the ExamBuilder service and/or other services based on the ExamBuilder service (collectively the "Service"), which are owned and controlled by ExamBuilder.

1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.

1.3 ExamBuilder reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. ExamBuilder will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.

1.4 ExamBuilder reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. ExamBuilder further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on ExamBuilder's belief that your use of the Service violates that permitted by this Agreement or applicable law.

1.5 IF YOU DO NOT AGREE TO THE PROVISION OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.

2. Rights in Service Content and the Service

2.1 The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by ExamBuilder. The ExamBuilder logo is a trademark of ExamBuilder and its parent or subsidiaries. All other trademarks appearing on the Service are the property of their respective owners.

2.2 You may enter and use content from the Service solely for your personal, organization, or internal use, but will make no other use of the content without the express written permission of the copyright owner or its authorized agent. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service that was not expressly created by yourself or someone in your organization with your permission. You also will not "frame" any of the content on the Service or the Service itself without the express written permission of ExamBuilder and the copyright owner or its authorized agent. You agree that you do not acquire any ownership rights in any downloaded content. Your further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to ExamBuilder and/or its licensors.

3. User Activities and User Information on the Service

3.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

3.2 You warrant that any material or information that you make available through the Service, including, for example, any exam questions, documents, remediation or related content, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Service. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any damage resulting from your making any material or information available through the Service.

3.3 ExamBuilder has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Service, and ExamBuilder is not responsible for any content of this material or information. However, ExamBuilder reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, ExamBuilder reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

4. Disclaimer of Warranties & Limitation of Liability

4.1 You expressly agree that use of the Service and the ExamBuilder Software (as defined below) is at your sole risk. Neither ExamBuilder nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Service or the ExamBuilder Software will be uninterrupted or error free or that they will be free of viruses or other harmful components nor do they make any warranty as to the results that may be obtained from the use of the Service or the ExamBuilder Software, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the Service or the ExamBuilder Software, any merchandise or services provided through the Service or the ExamBuilder Software, or any links to other sites or services made available on the Service or the ExamBuilder Software.

4.2 THE SERVICE, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, AND THE ExamBuilder SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.3 Notwithstanding anything in this Agreement to the contrary, under no circumstances, including, but not limited to, negligence, shall ExamBuilder or any of its parents, subsidiaries, related companies, affiliates, assignees, successors-in-interest, employees, agents, distributors, third party content providers, partners, licensees, licensors, or sponsors or any of their respective directors, officers, employees, agents and independent contractors (individually and collectively, the "ExamBuilder entities") be liable for any direct, indirect, incidental, special or consequential damages, losses or expenses arising out of or relating to the use of, the misuse of, or the inability to use, any content, information, material, postings, posting responses, modules, features, links or other elements on or of the System or the ExamBuilder Software or any failure of performance, error, omission, interruption, inconvenience, unauthorized access, defect, incorrect sequencing, delay in operation or transmission, virus, configuration or compatibility problem, or line or system failure. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages, losses or expenses. Client specifically acknowledges and agrees that none of the ExamBuilder Entities is or will be liable for any defamatory, offensive or illegal conduct of any user, including without limitation Client. In no event shall the aggregate, total liability of the ExamBuilder Entities to Client exceed the amount of the Hosting Fees paid by Client to ExamBuilder during the twelve (12) months prior to any claim of injury or damage.

5. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless ExamBuilder (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. ExamBuilder reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

6. Termination

ExamBuilder may terminate this Agreement and your use of the Service, or discontinue the Service, at any time for breach of this agreement and/or failure to pay for or renew services as per the licensing agreement. ExamBuilder shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which ExamBuilder, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.

7. Law Governing Performance and Disputes

This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New York, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of New York and the United States District Court for the State of New York in any and all actions, disputes, or controversies relating to this Agreement

8. Software License

If you download any software provided by ExamBuilder from the Service (the "ExamBuilder Software"), ExamBuilder grants you a non-exclusive, non-transferable, revocable, license to use the Software solely to establish a connection and access the Service in accordance with the provisions of this Agreement. The ExamBuilder Software and all proprietary rights within the software are the sole and exclusive property of ExamBuilder and/or licensors. This license to use the ExamBuilder Software terminates automatically upon the termination of this Agreement. You may not modify the ExamBuilder Software code, interface, logos or any other properties belonging to ExamBuilder in any manner, nor may you reverse engineer, decompile, translate, disassemble or make any derivative works from the Software

9. General Terms

This Agreement and any rules posted on the Service by ExamBuilder constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either ExamBuilder or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of ExamBuilder and its successors, trustees, and permitted assigns. ExamBuilder may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by ExamBuilder does not relieve you of your obligations under this Agreement