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Brainbench Terms And Conditions Of Use

Introduction (Acceptance of Terms)
Privacy Policy
Your Account (User Conduct)
Service and Product Availability
Modifications to Service
Copyright and Trademarks
Communications and Content
Payment, Billing, and Delivery Practices
Advertiser Links
Disclaimers and Limitations of Liability
Special Admonitions for International Use
Terminations
Customer Support
Policy Modifications
Entire Agreement (Independent Investigation)

Introduction (Acceptance of Terms)

Welcome to Brainbench. Brainbench provides its services to you subject to the following conditions. If you spend time on this web site, you must accept these conditions so please read them carefully. In addition, when you use any current or future Brainbench service, you also will be subject to the guidelines and conditions applicable to such service or business. Brainbench strictly follows the policy described below, which defines the terms and conditions when accessing this web site, and assumes your adherence to these provisions. Visiting the Brainbench web site, or using any of our services, constitutes your acceptance of this policy.

Brainbench provides its services to you subject to these conditions. Carefully review the items posted here. By using this site, you agree to access this web site only as permitted by applicable law and these Terms and Conditions, and additional policies or procedures published on the site from time to time. Customers agree to review these Terms and Conditions from time to time for changes and updates.

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Privacy Policy

You should review the other Brainbench policies to better comprehend our practices and how we govern your visit to our web site. Registration data and certain other information about you are subject to our privacy policy. For more information, see our entire privacy policy at: http://www.brainbench.com/xml/bb/common/consumer/privacy.xml. We reserve the right to make any changes to our web site, pricing, or policies at any time in our sole and absolute discretion. Shall any of these conditions be deemed invalid or for any reason unenforceable, the respective condition shall be removed and will not affect the validity and enforceability of any remaining conditions.

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Your Account (User Conduct)

To have the ability to access our web site and services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.

Brainbench provides access to many aspects of the web site at no cost to the user. In consideration of your use of Brainbench, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, or not current, or if Brainbench has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, Brainbench has the right to disable or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

Once you complete the registration process with Brainbench, you will receive a unique logon ID and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of the logon ID and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify Brainbench of any unauthorized use of your account or any other breach of security.

You understand that all information, such as career information, personal data, text, sound, photographs, graphics, or other materials within your account or transcript, whether publicly posted or privately held within your account or transcript, is your sole responsibility, as you are the person from which this information was generated. This means that you, and not Brainbench, are entirely responsible for all content that you post, e-mail, transmit or otherwise make available via your account.

You are on your honor to uphold the standards of truth when taking the certification tests on our web site. Cheating is not permitted and will not be accepted. In addition, the practice of copying and sharing certification test questions will not be tolerated. This is in violation of copyright laws and is grounds for termination of your account, prevention of further access to the Brainbench web site, and possible legal action could be brought against you.

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Service and Product Availability

Brainbench attempts to be as accurate as possible at all times, when disclosing pricing and availability of store items on the web site. However, we do not warrant that the pricing and service content on this web site is always complete, current, reliable, or error free. Brainbench reserves the right to change our prices at anytime, without notice to the customer, although in most cases, we will attempt to make you aware of these changes in advance. Brainbench certifications are valid for three (3) years from the date of test completion. On the date of expiration, the certification will be removed from the account transcript, and will no longer be viewable. Brainbench does not officially recognize or validate expired certifications.

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Modifications to Service

Brainbench reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Brainbench shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

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Copyright and Trademarks

The content included on this web site, including, but not limited to the Brainbench Certification Tests, text, graphics, logos, icons, images is the exclusive property of Brainbench and other respective owners that have granted Brainbench the right and license to use such property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Brainbench or other respective owners that have granted Brainbench the right and license to use such marks. The Brainbench web site contains copyrighted material, including, but not limited to: trademarks and other proprietary information, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the Brainbench web site without the express permission of the organization.

The Certification Tests and their content are the intellectual property of Brainbench. Any reproduction or redistribution of this information without the expressed written consent of Brainbench is strictly prohibited. Brainbench shall be the sole and exclusive owner of all test questions, test question items, certifications, assessments or other test products that are offered to the general public or through exclusive contracts or agreements. Brainbench shall be the sole and exclusive owner of all results from test questions, test question items, or certifications, assessments or test products offered to the general public. The Certification Tests developed by Brainbench utilize a proprietary computer-adaptive test engine.

By use of this site, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

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Communications and Content

As a part of the service Brainbench provides to our registered users, we communicate via e-mail, direct mail, and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. However, even though users may request removal from the distribution of certain e-mails, we have the right to send messages from time to time as deemed necessary.

Brainbench takes no responsibility and assumes no liability for any content posted by its users. In addition, they can disclose any information as necessary to satisfy any law or governmental request. Brainbench retains the right to extract any items posted to the Discussion Forums that Brainbench, in its sole discretion, deems objectionable or in violation of the Terms and Conditions of Use. If Brainbench requests that a register member refrain from posting objectionable content and the registered user does not adhere to our requests, Brainbench has a right to terminate the registered members account immediately.

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Payment, Billing, and Delivery Practices

Payment:
Payment for Brainbench services or products may be made by credit card, certified check, or money order, or other means by which Brainbench authorizes. Payment must be received by Brainbench prior to acceptance of an order. For credit card transactions, the appropriate information is collected and the transaction takes place on a secure, and encrypted server. The information provided is used strictly to process the order and shall not be given out to third parties.

Subscription Options:
Registered users have the added option to purchase two subscription plans with Brainbench to gain access to the Certification Tests. Subscribers will be automatically renewed for the original subscription term (annual or monthly) upon expiration of a subscription unless Brainbench is notified of cancellation prior to expiration date. Subscribers may cancel their subscription on the Brainbench site.

Users also have the ability to upgrade their subscription plan. This can be done online or by contacting the Customer Support Team. If you upgrade from a monthly to an annual plan, the months corresponding to your upgraded plan are added to the remaining time left on your monthly subscription.

Billing:
Your billing cycle will begin when you purchase a monthly or annual subscription. Monthly subscriptions will be billing up front for the first quarter (3 months) and will continue on a monthly basis after that, unless we hear from you that you wish to cancel your monthly subscription. If you purchase a monthly subscription with a certified check or money order, you will need to pay for the first 3 months upfront just like someone paying with a credit card. However, subsequent months will need to be paid in quarterly payments (as opposed to monthly) to avoid any disruption in service. For example, the payment for the next 3 months of service needs to reach us before the expiration of your first 3 months.

The annual subscriber is responsible for paying the subscription fee at the beginning of the subscription. The monthly subscriber is responsible for paying periodic monthly subscription fees according to the then-current billing terms. Subscription fees are non-refundable and can be changed at the sole discretion of Brainbench.

If you are a Special Introductory, or Promotional Offer customer, you will have either free or discounted access to the service for a specified period as advertised at the time. You will be automatically enrolled as a subscriber and your credit card will be billed at the then current subscription rate. Without exception, all promotional offers begin at the conclusion of your first paid subscription period. (For example, if the promotion is one free month if you sign up for an annual subscription, you will receive the free month access beginning on the 13th month following your subscription enrollment.) Standard subscription membership terms and fees will be automatically reinstated immediately upon the expiration of your free, trial, or discounted promotional access period.

Unless and until this agreement is cancelled in accordance with the terms hereof, the annual or monthly subscriber hereby authorizes Brainbench to charge the subscriber's credit card to pay for the ongoing cost of the subscription. The subscribers hereby further authorize Brainbench to charge their credit card for any and all purchases of products and services. Brainbench subscription accounts will expire at 06:00 AM Eastern Standard Time (GMT -5:00) on the date of expiration. Accounts which have not been cancelled will be automatically renewed and rebilled at this time.

Customers may not assign or transfer access privileges to any other person or entity. Customers must promptly inform Brainbench of the following: (1) changes in the expiration date of any credit card used in connection with this service; (2) changes in home or billing address; (3) apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Brainbench is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service.

If a subscriber cancels their subscription, they will continue to receive service until the end of their subscription term.

Delivery:
Delivery of the Brainbench certificates are sent from our mail house distributor in the U.S. Brainbench certificates are sent via standard mail and should be received in weeks (after passing the certification) for US delivery, 6 to 9 for international delivery.

The certificate delivery schedule and shipping times are estimates, and are subject to change without notice. In the case of certificates that need to be reordered and/or resent, the delivery schedule will apply to the date of the second order. Brainbench is not responsible for lost or misdirected mail. Certificate orders are non-refundable.

Refunds:
Brainbench will not offer refunds on valid, properly executed orders. Should you have any inquires regarding a request for a refund, this should be directed to the Customer Support Team. You can also reach them directly Monday through Friday, 9:00 a.m. - 5:30 p.m. ET (GMT-5) at (703) 674-3369.

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Advertiser Links

This web site contains links to Internet web sites maintained by third parties. Brainbench does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by Brainbench and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.

Brainbench has no editorial control over any content supplied by third party content providers and any third party users. Any resources, opinions, advice, or other statements made or expressed by such third parties are those solely of the third party.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Brainbench site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Brainbench shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.

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Disclaimers and Limitations of Liability

Brainbench makes no express or implied warranties that your use of this Internet site (http://www.brainbench.com) will be uninterrupted, that messages or requests will be delivered, or that the operation of the Internet site will be error-free or secure. In addition, the security mechanisms implemented by Brainbench may have inherent limitations, and you must determine yourself that the web site sufficiently meets your requirements. You shall be responsible for all use of your account and maintaining the confidentiality of your password and information. We discourage your sharing of your logon ID and password with anyone; any such sharing shall be entirely at your own risk. Brainbench has the right to make changes, improvements and updates to any information contained on the web site without prior notice. THE BRAINBENCH WEB SITE AND ITS CONTENTS ARE PROVIDED 'AS IS' AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEB SITE, ITS CONTENTS OR ANY PRODUCT. THERE ARE NO WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, AND BRAINBENCH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BRAINBENCH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE, EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. BRAINBENCH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED PROVIDED ON THIS INTERNET SITE IS ACCURATE, COMPLETE, OR CURRENT.

All questions relating to this web site's validity, interpretations, performance and enforcement, including the Terms and Conditions of Use, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary, and without the aid of any canon, custom or rule of law requiring construction against the draftsman. Any action relating to this web site's validity, interpretations, performance and enforcement, including the Terms and Conditions, must be brought in the federal or state courts located in Virginia, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Brainbench.

Brainbench will not be responsible or liable to you for any delay or failure to perform under these Terms and Conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, revolution, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Brainbench.

To the maximum extent allowed by law, Brainbench shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Brainbench's materials. Through your use of the Brainbench web site, to the maximum extent allowed by law, you agree to indemnify Brainbench from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Brainbench web site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. If you are dissatisfied with any material or with any of Brainbench's Terms and Conditions, your sole and exclusive remedy is to discontinue using the web site now.

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Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

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Terminations

Brainbench shall have the right at any time to change or discontinue any aspect of the web site's operation. In addition, they reserve the right to cancel or terminate an individual's account if there is speculation of cheating, misconduct, or similar behaviors. If there is belief that you have violated the Terms and Conditions of Use, Brainbench has the right to deactivate or terminate your account without prior notice.

Should you wish to personally cancel your account with Brainbench, you will need to contact our Customer Support Team.

You will be in breach of the Brainbench Terms and Conditions if you:

1) Manipulate your test in any way.
2) Make screen snaps or capture text from our tests.
3) Take more than 5 of the same test in 1 day.
4) Take more than 30 of the same test in 30 days.
5) Take more than 50 of all tests in 30 days.

Your account may be terminated if these conditions are breached, but we are not limited to these reasons.

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Customer Support

General questions or concerns about our web site and/or services can be directed to our Customer Support Team via e-mail. You can also reach them directly Monday through Friday, 9:00 a.m. - 5:30 p.m. ET (GMT-5) at (703) 674-3369.

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Policy Modifications

These Terms and Conditions were last modified on April 17th, 2012. At any time and without prior notice, Brainbench shall have the right, in its sole discretion, to modify, add or remove terms of these Terms and Conditions of Use, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. YOUR CONTINUED PARTICIPATION AND USE OF THIS WEB SITE AND/OR THE BRAINBENCH SERVICES FOLLOWING OUR POSTING OF ANY SUCH CHANGE ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH CHANGE. Users should review these Terms and Conditions periodically as subsequent use shall constitute acceptance of any such changes.

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Entire Agreement (Independent Investigation)

These Terms and Conditions represent the complete and entire agreement between Brainbench and you and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS INTERNET SITE, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THESE TERMS AND CONDITIONS.


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