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Conditions of Use
1. ACCEPTANCE. Use of this web site mandates your acceptance
of the terms and conditions ("Terms") of this agreement. By using
this web site you represent that you are cognizant of and in compliance with by these Terms as explicated
below. If you are unable to comply with any provision of the Terms or
do not wish to be bound by them, you must immediately refrain from
using any portion of this web site.
2. MODIFICATIONS. Get TOEFL Online ("GTO") reserves the right at
its discretion from time to time to emend or discontinue, temporarily
or permanently, the Terms with or without notice or liability. GTO
reserves the right to alter, update, suspend, discontinue, or restrict
the use of or access to this web site or any portion of this web
site, at any time and without notice or liability. You agree that
GTO shall not be liable to you or to any third party for any such
modification of the web site. Use of this web site after the posting
of any modification constitutes your agreement to be bound by the
Terms. as modified.
3. PROPRIETARY RIGHTS. All materials throughout this site, including
but not limited to text, photographs, images, video clips, audio
clips, and graphics are owned by GTO and are protected by federal
and international copyright, trademarks, service marks, and other
proprietary rights, laws and treaties. Except as provided in this
agreement, you may not copy, reproduce, publish, transmit, transfer,
sell, rent, modify, distribute, repost, display, or in any way commercially
exploit the materials displayed on this site, nor may you infringe
on the copyrights or other intellectual property rights contained
in the materials. You may not archive or store any of the materials
accessed on this web site without the express written authorisation
of GTO. You acquire no rights whatsoever from this web site other
than the limited rights of use in accordance with these Terms. Materials
used in conjunction with this site must be used in compliance with
the Terms. GTO reserves any rights not expressly outlined under
these Terms.
4. COPYRIGHTS and COPYRIGHT AGENTS. GTO respects the intellectual
property of others, and asks our users to do the same. If you believe
that your property may have been infringed upon, please provide
the following information to copyrights@gettoefl.com: the full name
of the owner of the copyright interest; a description of the copyrighted
work that may have been infringed; a description of where the material
is located; your address, telephone number, and e-mail address;
a statement by you that you have cause to believe that the alledged
use is prohibited 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 a true representation and that you
are the copyright owner or sanctioned to act on the copyright owner's
behalf.
5. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT: "THE CONTENTS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB
SITE, ARE PROVIDED BY GTO ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GTO 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 PROGRAM, SOFTWARE AND PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES
AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL GTO AND/OR
ITS 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 GTO 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. GTO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS WEB SITE AT ANY TIME."
6. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
GTO 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 GTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
PROGRAM; (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 PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY OF THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO
THE PROGRAM.
7. LINKS. The web site may provide links to other web sites or resources.
Having no control over such sites and resources, GTO expressly disavows any responsibility for the availability of such
sites or resources, and neither endorses nor sanctions
any content, advertising, products, or other materials
on or available from such sites or resources. You unreservedly
accept that GTO 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.
8. DEALINGS WITH ADVERTISERS. Your engagement of or dealings
with advertisers found on or
through the Program, including but not limited to payment and delivery of goods
or services, are matters solely between you and the advertiser.
You agree that GTO shall not be responsible or liable for any loss
or damage incurred as the result of any such dealings.
9. GENERAL INFORMATION. The TOS set out the totality of the agreement
between you and GTO and delimit your use of the web site, nullifying
any prior agreements between you and GTO (including, but not limited
to, any prior versions of the TOS). You also may be bound by additional
terms and conditions when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and GTO shall be governed by the laws of the State of California
without regard to any conflict of law provisions. You and GTO agree
to submit to the personal and exclusive jurisdiction of the courts
located within the United States. Non-enforcement of any right or
provision of the TOS shall not be deemed a waiver of such right
or provision. If any provision of the TOS is found by a court of
sound jurisdiction to be unlawful, null and void, or for any reason
unenforceable, the parties nevertheless agree that the court should
seek to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force.
You agree that irrespective of any statute or law to the contrary,
any claim or cause of action arising from or related to use of the
Program or the TOS must be filed not later than 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. All e-mail sent to the e-mail addresses of the
GTO becomes the property of GTO. GTO reserves the right, but shall
not be obligated to, publish any email message received, in whole
or in part, or make such other use as GTO in its sole discretion
sees fit.
Terms of Service
1. ACCEPTANCE OF TERMS. GTO provides its web site to you, subject
to the following Terms of Service ("TOS"), which may be modified
by us from time to time with or without notice to you. In addition,
when using the web site, you and GTO shall be subject to any posted
guidelines or rules applicable to such web sites which may be posted
from time to time. Applicable guidelines or rules are hereby incorporated
by reference into the TOS.
2. DESCRIPTION OF SERVICE. GTO provides users with access to a
collection of online learning resources which comprises a program
of preparation for Educational Testing Service's TOEFL Test (the
"Program"). (GTO has no relationship with nor connection to Educational
Testing Services, ETS.) Unless explicitly stated otherwise, any
new component that supplement the current Program, shall be subject
to the TOS. In order to use the Program, you must provide all equipment
necessary to connect to the World Wide Web, including a computer
or other access device that meets the system requirements of the
Program.
3. YOUR REGISTRATION OBLIGATIONS. As a condition of use of the
Program, you agree to: furnish true, accurate, current and complete
information about yourself as prompted by the Program's registration
form (such information being the "Registration Data"). If you provide erroneous information, or GTO has reasonable grounds
to suspect that such information is erroneous, GTO has the right to suspend or terminate your account
and refuse any and all current or future use of the Program (or
any portion thereof).
4. MEMBER CONDUCT. You understand that all information, data, text,
software, sound, photographs, graphics, video, messages or other
materials("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the party from which such Content
originated. This means that you, and not GTO, are entirely responsible
for all Content that you upload, post or otherwise transmit via
the Program. GTO maintains no control the Content posted via the
Program and, as such, does not guarantee the accuracy, integrity
or quality of such Content.
5. INDEMNIFICATION. You agree to indemnify and hold GTO, and all
those connected by association to GTO, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the site, including any
claim of libel, defamation, violation of rights of privacy or publicity,
loss of service by other members and infringement of intellectual
property or other rights.
6. MODIFICATIONS TO SERVICE. GTO reserves the right at its discretion
from time to time to emend or revoke, temporarily or permanently,
the Terms with or without notice or liability. You agree that GTO
shall not be liable to you or to any third party for any modification,
suspension or revocation of the Program.
7. TERMINATION OF SERVICE. You agree that GTO, in its sole discretion,
may terminate your use of the Program, and remove and discard any
Content within the Program, for any reason, including, without limitation,
for lack of use or if GTO believes that you have violated or acted
inconsistently with the the TOS. GTO may also in its sole discretion
and at any time desist from providing the Program, or any part thereof,
with or without notice. You agree that any termination of your access
to the Program under any provision of this TOS may be effected without
prior notice, and unreservedly agree that GTO may immediately deactivate
your account and prohibit further access to the Program. You further
agree that all fees you pay to GTO are non-refundable and non-transferable to other site products or services. Therefore,
any termination of the Program will result in you forfeiting any
and all fees you paid to GTO (including, without limitation, membership
fees paid in advance of service rendered).
8. GTO's PROPRIETARY RIGHTS. You unreservedly accept that materials
used in connection with this web site contain proprietary content
that is protected by applicable intellectual property and other
laws. GTO grants you a personal, non-transferable and non-exclusive
right to use its Program on a single computer; provided that you
do not (and do not allow any third party to) copy, modify, distribute
or otherwise attempt to sell, rent, assign or lease any right in
the Program. You agree to avail of the Program only through the
interface and procedures set forth by GTO for use in accessing the
Program.
9. VIOLATIONS. Please report violations of the TOS to our webmaster
at: webmaster@gettoefl.com.
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