1. ACCEPTANCE OF TERMS Welcome to Beat the TOEFL Online (BTO), your one-stop TOEIC review program. The services provided on this site are subjected to the following Terms of Service (TOS), which may be updated by us from time to time. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. You can review the most current version of the TOS at any time at the TOS page. When using particular BTO services, you shall be subject to any posted guidelines or rules applicable to such services that are posted in the TOS. All such guidelines or rules are hereby incorporated by reference into this TOS. BTO also may offer other services from time to time that are governed by different Terms and Conditions.
2. DESCRIPTION OF SERVICE BTO currently provides users with access to a rich collection of on-line services including but not limited to: online programs, test preparation materials, educational resources, person-to-person chat, web forum, branded books and software (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BTO assumes no responsibility for the timeliness, deletion, mis-delivery, incompleteness or failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS In consideration of use of the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BTO has reasonable grounds to suspect that such information is untrue, inaccurate, not current of incomplete, BTO has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are completely responsible for all connection charges, fees, duties, taxes, and assessments that may be payable to the your Internet Service Provider as a result of accessing BTO. All purchases made at BTO are NON-REFUNDABLE without exception.
4. BTO PRIVACY POLICY
Part I: Introduction BTO is firmly committed to protecting your privacy. In the interest of disclosure, this document outlines our practices for the gathering and dissemination of information. BTO uses IP addresses to help diagnose problems with our server, administer the Web site, and gather broad demographic data. The registration forms on this site require contact information (name, e-mail, etc.) and unique identifiers (enrollment I.D., password, etc.). We use this information to verify customer identity and enrollment status, protect customer information, send promotional and informational materials about BTO and some of our partners, establish account numbers for record-keeping, and contact customers when necessary. Users always have the opportunity to opt out of receiving future mailings.
Part II: Data Collection
Section A: Forms This site uses registration forms, order forms, and other types of forms. They are used to enable customers to register for premium services, order products and services, or request information. The forms collect contact information and, when a purchase is involved, financial information (e.g., credit card numbers). This information is used to process orders, ship products, send promotional materials from BTO and possibly other companies, and contact customers when necessary. This information may be shared with other companies. Financial information is used to bill and charge customers for products and services only.
Section B: Contests, Sweepstakes & Promotions Any contests, sweepstakes and promotions on BTO may require customers to enter contact information. Collected data is used to process entries, send promotional materials, notify entrants, and may be shared with other companies. Please be sure to consult the privacy provisions of the official rules of any contest or sweepstakes you enter on BTO as specific data collection and usage practices may vary by contest or sweepstakes. Unless the official rules or entry instructions provide otherwise, contest or sweepstakes participants may opt-out of receiving future mailings or having their information shared with other companies by emailing privacy@gettoefl.com
Section C: Ads & Links BTO uses an outside advertising company to display advertisements on this site. These ads may contain cookies. Although said advertisements may appear to be generated from BTO, they are actually being generated by our partners and are served on BTO. Some customer data is shared with the various advertising companies. This site also contains links to other Web sites. BTO is not responsible for the privacy practices or the content of said sites.
Part IV: Status Changes BTO provides users the opportunity to opt-out of receiving communications from our partners. Partners are obligated to provide the user with instructions on how to unsubscribe from mailings the user may receive. Users have the following options for removing their information from the BTO database and discontinuing the receipt of future communications or services:
Section A: Opt-Out from BTO Listings To remove your name from our mailing list, please send a "Do Not Mail" e-mail to privacy@gettoefl.com. Include your full name, address, city, state, zip code and phone number.
Section B: Opt-Out from Third-Party Lists BTO occasionally makes the lists of postal addresses volunteered on our web site available to carefully screened companies that offer products and services we believe you may enjoy (we do not exchange e-mail addresses). To remove your name from third-party lists, please email privacy@gettoefl.com.
5. INDEMNITY You agree to indemnify and hold BTO, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
6. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. MODIFICATIONS TO SERVICE BTO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BTO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. TERMINATION You agree that BTO, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BTO believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BTO may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BTO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BTO shall not be liable to you or any third-party for any termination of your access to the Service.
9. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BTO has no control over such sites and resources, you acknowledge and agree that BTO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BTO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. BTO's PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BTO or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: "THE SERVICE AND THE MATERIALS, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, ARE PROVIDED BY BTO ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BTO AND ITS AFFILIATES, LICENSORS, PARTICIPATING PUBLISHERS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, AUTHORS, DEALERS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SERVICE, SOFTWARE AND PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BTO DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT, MATERIALS OR ADVERTISEMENTS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEB SITE, NOR THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, CONTENT OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THIS WEB SITE. IN NO EVENT SHALL BTO AND/OR ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BTO, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BTO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME."
12. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT BTO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. COPYRIGHTS and COPYRIGHT AGENTS BTO respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to webmaster@gettoefl.com: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 site; your address, telephone number, and email address; 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; 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.
14. GENERAL INFORMATION The TOS constitutes the entire agreement between you and BTO and govern your use of the Service, superceding any prior agreements between you and BTO. 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. The TOS and the relationship between you and BTO shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and BTO agree to submit to the personal and exclusive jurisdiction of the courts located within the United States. The failure of BTO to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
15. VIOLATIONS Please report any violations of the TOS to our webmaster at: webmaster@gettoefl.com.