The terms and conditions of use contained herein (“Terms of Service”) constitute a binding agreement between you and Bad Test Takers, LLC (“Company”). By accessing and/or using any of the content and functionality available through BadTestTakers.com and its related webpages (collectively the “Website”), you signify that you agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please do not use the Website.
In order to access some features of the Website, you will have to create an account. You represent and warrant that: (i) all information you provide when creating your account (“Registration Data”) shall be complete and accurate; and (ii) you shall regularly update your Registration Data so as to maintain its accuracy, currency, and completeness. For the avoidance of doubt, Company reserves the right to terminate your account should it determine that your Registration Data is false, inaccurate, and/or incomplete.
Company reserves the right to decide whether your access and/or use of the Website is appropriate and complies with the Terms of Service. Should Company, in its sole discretion, decide that your access and/or use of the Website is inappropriate and/or does not comply with the Terms of Service, Company may terminate your access and use of the Website.
In consideration for your agreeing to these Terms of Service, Company grants you a nonexclusive, limited, revocable right to access and use the Website for your own personal, non-commercial use. For the avoidance of doubt, the aforementioned limited license does not grant you the right to frame or utilize framing techniques to display any portion of the Website without the express written permission of Company.
Ownership of Website
All right, title, and interest to the Website (including, but not limited to, ownership rights to any and all patents, copyrights, trademarks, and/or service marks contained therein) are the exclusive property of Company and, except for the aforementioned nonexclusive, limited, revocable right to access and use the Website, no right, title, and interest in or to the Website or any related patents, copyrights, trademarks, and/or service marks contained therein are transferred to you by accessing and/or using the Website.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your accessing the Website; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. For the avoidance of doubt, this defense and indemnification obligation will survive the Terms of Service and your access and/or use of the Website.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE WEBSITE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR (AND YOU WAIVE YOUR RIGHT TO CLAIM) ANY CLAIM, LOSS, ACTION, INJURY, DAMAGE, LIABILITY, COST, AND/OR EXPENSE OF ANY KIND RESULTING IN ANY WAY FROM YOUR ACCESS AND/OR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS SUCH, THE LIMITATIONS AND EXCLUSIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.
Statute of Limitations
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Procedure for Making Claims of Copyright Infringement
If you believe that your copyrightable work of authorship is being infringed upon by Company, please e-mail the following information to firstname.lastname@example.org: (i) a description of the copyrighted work that you claim has been infringed upon; (ii) a description of where the material that you claim is infringing is located on the site; (iii) your address, telephone number, and e-mail address; (iv) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Consent to Jurisdiction; Choice of Law
By accessing and using Website, you agree that: (i) any case or controversy arising from or related to your use of the Website shall be governed by and construed in accordance with the laws of the state of Kentucky without giving effect to its conflict of laws principles; and (ii) jurisdiction of any legal dispute arising hereunder shall be exclusively had in Louisville, Kentucky.
Ability to Accept Terms of Service
You represent and warrant that: (i) you are over the age of thirteen (13); and (ii) are fully able and competent to accept these Terms of Service. For the avoidance of doubt, if you are under the age of thirteen (13), please do not use the Website.
These Terms of Service and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by Company without restriction.
Company may revise these terms and conditions at any time without notice by updating these Terms of Service. You should visit this web page periodically to review the Terms of Service.