Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
ACCEPTANCE OF TERMS
Welcome to the website of Exam rank. The Site is owned and operated by Exam rank for your personal commercial/non-commercial use and information. By accessing the Site, you agree to be legally bound and to abide by these Terms of Service ("Terms and Conditions" or "Agreement") in their entirety, just as if you had signed this Agreement. If you do not agree, please do not use the Site. Exam rank may amend or modify this Agreement or impose new conditions at any time. Your continued usage of the Site following the posting of any changes to the Agreement will mean you accept those changes. You should revisit this page periodically to review the Terms and Conditions to which you are bound.
PROPRIETARY RIGHTS
You acknowledge that the Site contains text, information, images, photographs, graphics, icons, trademarks, trade names and other viewable material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or subsequently developed. This Site and its Content are the sole and exclusive property of Exam rank (unless otherwise noted) and are protected by Canada, United States and international copyright laws. While Exam rank makes the Content available to all users of the Site, Exam rank expressly retains all copyright and related proprietary rights in the Content. Accordingly and in consideration of your using the Site, you agree that without the express prior written permission of Exam rank, you will not, directly or indirectly, in any manner whatsoever: copy or distribute by any means the Content or any portion of it; mirror or include the Content or any portion of it on your own, or another, server or documents; or modify or reuse any portion of the Content. Exam rank expressly reserves all other rights in the Content, and title to the Content remains with Exam rank or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Exam rank, www.examrank.com, the Exam rank logo and related marks are all registered and unregistered trade marks of Exam rank and are the valuable property of Exam rank. You agree that you will not reproduce any trade mark of, or imply any endorsement or relationship with, Exam rank or its licensors. Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners. Nothing contained herein shall be construed as conferring any license or right under any of Exam rank 's copyright, patent, trademark or proprietary rights, or those of any third party, whether expressly or by implication, estoppels, or otherwise. All rights not expressly granted herein are reserved to Exam rank and its licensors. Exam rank vigorously enforces its intellectual property rights and aggressively prevents their misuse.
DISCLAIMER OF WARRANTIES
While Exam rank uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations as to the truth, accuracy, reliability, usefulness, timeliness and completeness of that information. Exam rank does not guarantee that the Content provided will be sufficient or appropriate for every individual or situation. The site and the Content are provided on an "as is, as available" basis, and you use this site at your own risk. The Content may include technical inaccuracies or typographical errors. The information provided may not be suitable or appropriate for you. When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of Exam rank. Accordingly, Exam rank assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the site. Exam rank makes no warranty or representation that the site will be available at any particular time or location, or that any defects or errors will be corrected. Exam rank disclaims all liability for any computer viruses or other disabling computer code that may be loaded into user's computers when they download documents from this site. You are strongly advised to obtain and use appropriate antivirus and security software. To the fullest extent permitted by law, Exam rank disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non infringement of third parties' rights, and fitness for particular purpose nor does Exam rank make any warranty as to the results that may be obtained from the site.
LIMITATION OF LIABILITY
In no event whatsoever shall Exam rank, its licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, direct, special, indirect, incidental, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of(or inability to use) the Site, the Content, the information on or available through this Site, or arising out of any action taken in response to or as a result of any information available on the Site. This limitation applies whether the alleged liability is based on warranty, contract, tort or any other legal theory, and whether or not Exam rank is advised of the possibility of such damages. You hereby waive any and all claims against Exam rank and its affiliates, agents, representatives and licensors arising out of your use of the Site and the information available on it. You acknowledge that without these limitations, Exam rank could not provide access to the Site. Some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages. Consequently, the above exclusion or limitation may not apply to you. In such jurisdictions, Exam rank’ liability shall be limited to the maximum extent permitted by law.
INDEMNITY
You agree to defend, indemnify, and hold Exam rank its officers, directors, employees and agents, harmless, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the services, the Content, any Document posted by you, or your breach of these Terms and Conditions. Exam rank shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
INTEGRATION, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Exam rank and/or its representatives and you. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
SURVIVAL OF TERMS
These Terms and Conditions apply while you are accessing the Site and while you are in possession, in any form whatsoever, of any Content or any portion thereof. Notwithstanding the foregoing, the provisions set out in this Agreement relating to Proprietary Rights, Use of Site, Intellectual Property Policy, Disclaimer of Warranties, Limitation of Liability and Indemnity shall survive the termination of this Agreement and shall survive thereafter in perpetuity.
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