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TERMS AND CONDITIONS


Testing Your Best-Quick Reference Study Guide and website is the property of Testing Your Best LLC.By using this Study Guide and Web Site and the information on the site, you indicate your acceptance of these Terms and Conditions of Use the Terms. Testing Your Best LLC reserves the right to revise, amend or modify these Terms at any time and in any manner at our sole discretion. Notice of any revision, amendment or modification of these Terms will be posted in this section of our Web site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications.

1. Use of Site
At www.testingyourbest.com, you will be provided with educational information and content about Testing Your Best Quick Reference Study Guide and educational information. Testing Your Best LLC may, in its sole discretion, discontinue or alter any aspect of the Site. You are responsible for all charges (e.g., telephone) and equipment (e.g., computer) associated with connecting to the Site.

2. Copyright
This Site is owned and operated by Testing Your Best LLC, and contains material that  is derived in whole or in part from material supplied and owned by Testing Your Best LLC and other sources, and is protected by copyright, trademark, and other  applicable laws. All materials included on this Site, including any text, graphics, logos, button icons, images, audio clips and software the (“Material”), is the sole property of Testing Your Best LLC Inc. or designated third parties,  and is protected by U.S. and international copyright laws. None of the Testing Your Best Material may be copied, reproduced, distributed, republished, downloaded, displayed,  posted or transmitted in any form or by any means, including, but not limited  to, electronic, mechanical, photocopying, recording, or otherwise, without the  prior written permission of Testing Your Best LLC, or designated third parties.  Testing Your Best Quick Reference Study Guide, hereby grants you a personal, nontransferable and nonexclusive license/permission to display, distribute and download the Materials on this site for personal, non-commercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the Materials. You also may not, without Testing Your Best LLC permission, "mirror" any material contained on the Site on any other server. The permission granted under this Agreement terminates automatically if you breach any term or condition set forth in this Agreement. Upon termination of the license/permission, you must immediately destroy any downloaded or printed Materials. Any unauthorized use of any Material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3. Trademarks
The trademarks, logos and service marks displayed on this Web site are the property of Testing Your Best LLC.Use or other exploitation of these trademarks, logos and service marks is not permitted without the prior written consent of Testing Your Best LLC and all associated logos are trademarks of Testing Your Best LLC.All rights are reserved. All other product names are trademarks or registered trademarks of their respective owners.

4. Links to Third Party Web Sites
Testing Your Best website may provide access to third party web sites that are not owned, managed, or maintained by Testing Your Best LLC. Testing Your Best LLC has no control over the content or privacy policies of those third party web sites and is not responsible for the accuracy or reliability of any information made on those sites. In addition, Testing Your Best LLC is not responsible for any third-party's failure to establish or abide by its privacy policy. The inclusion on the Site of any reference to any third parties or third party Web site links should not be considered as an approval or endorsement by Testing Your Best LLC

5. Submissions
Testing Your Best LLC is pleased to hear from users, and welcomes your comments, blogs, emails and suggestions regarding Testing Your Best Quick Reference Study Guide. Please understand, however, that any creative ideas, suggestions, or materials (collectively, “Comments” or “Testimonials”) that you submit to Testing Your Best LLC shall be deemed, and shall remain, the property of Testing Your Best LLC. You represent and warrant that: (1.) you are authorized to grant all rights in the Comments to Testing Your Best LLC and (2.) the Comments do not violate any right of any third party, including copyright, trademark, privacy, or other  personal or proprietary rights. Disclosure, submission, or offer of any Comments shall constitute an assignment to Testing Your Best LLC of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such “Comments” or “Testimonials”. Testing Your Best LLC may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Testing Your Best LLC and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments.  Testing Your Best LLC is and shall be under no obligation to: (1) maintain any of your or any user's “Comments” or “Testimonials” in confidence; (2) to pay to you or any user any  compensation for any “Comments” or “Testimonials”, or (3) to respond to any of your or any other  user's “Comments” or “Testimonials”.

6. E-mail Inquiries
In response to on-line inquiries, Testing Your Best LLC will use the return e-mail address to respond to the e-mail inquiry. Testing Your Best LLC will not share the return e-mail address with any third party.

7. Privacy Policy Statement
Testing Your Best LLC does not currently collect personally identifiable information from users of the Site other then the information provided by customers to place orders.

8. Indemnification
You agree to indemnify,  defend, and hold Testing Your Best LLC and its affiliates, and their respective officers,  directors, owners, agents, information providers, and licensors harmless from  and against any and all claims, liability, losses, costs, and expenses  (including attorneys' fees) incurred by any of them in connection with your use or alleged use of the Site, including claims arising from: (1.) any material provided by you that infringes any copyright, trademark, trade secret, trade  dress, patent or other intellectual property right of any person, or that defames any person or violates their rights or publicity or privacy; or (2.) any non-compliance by you with these Terms. Testing Your Best LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise  subject to indemnification by you, and in such case, you agree to cooperate with Testing Your Best LLC defense of such claim.

9. Disclaimer of Warranties
Testing Your Best LLC) MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES (Testing Your Best LLC) MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.  (Testing Your Best LLC) MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY MATERIAL, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ANY CONTENT IS ASSUMED SOLELY BY (“YOU”).

10. Limitation of Liability
Testing Your Best LLC) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR  CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE,  WHETHER DUE TO INTERRUPTION OF THE SITE OR OTHERWISE EVEN Testing Your Best LLC) HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Testing Your Best LLC) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. General Terms
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota, USA, regarding any and all disputes relating to this Agreement or your use of the Site. You acknowledge and agree  that the warranty disclaimers and liability and remedy limitations in these Terms are material terms of and that they have been taken into account in the  decision by Testing Your Best LLC)to provide the Site hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Testing Your Best LLC). Any assignment of the foregoing other than as provided for in this Section shall be null and void. If any provision of these Terms is illegal, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms, will be enforced to the fullest extent allowed by law as to affect the intention of the parties, and will not affect the validity and enforceability of any remaining provisions. These Terms and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit, any portion of the Site, use of the Site, or access to the Site. The titles and subtitles used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.

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