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.