TERMS AND CONDITIONS

Welcome to ISEETESTERS.COM

 

Thank you for visiting the website for ISEETESTERS.COM (“TESTERS”), a division of Fast Educator, LLC.  Throughout the site, the terms "we", "us" and "our" refer to TESTERS. TESTERS offers this Web site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.

Because this page contains legal obligations (including limitations on liability and arbitration provisions), please read them carefully.  By accessing, viewing or using any of our services, you agree to be bound by and subject to these Terms (and our Privacy Policy) unless separate terms are offered by you in writing and accepted in writing by TESTERS. 

1.Eligibility

TESTERS is a service for parents to help prepare their children for private school admissions and gifted and talented standardized tests.  In consideration of accessing TESTERS, you represent that you are of legal age to form a binding contract.  In order to protect the safety and privacy of all our users, TESTERS requires that parents or guardians of children under the age of 13 who wish to allow their children to access to the Service must create an account that is maintained by a legal guardian of at least 18 years old and monitor the child's usage. By allowing a child access to your account, you also give your child permission to access all areas of the TESTERS.

2.Changes

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. Notice of these changes will be posted on the homepage of this Web site and the revised Terms of Use will take effect seven (7) days after their publication on this site.  In the event we make material changes to the Terms of Use we will also notify you via email at the address we have on file.

 

3.Use of the Site

You may use TESTERS only in accordance with and subject to these Terms of Use and TESTERS's Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us. You may not use TESTERS for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of TESTERS or any others.

You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. 

You will only use TESTERS for your own internal, personal use (and you may not leverage TESTERS as a separate business), and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.

Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (i) transmit via or through TESTERS any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (ii) introduce to TESTERS or any other computer or website viruses, worms, Trojan horses and /or harmful codes; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person including but not limited to, a registered user of this Site or an employee of TESTERS; (v) invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address; (vii) tamper with or obtain access to this Site or any component of this Site; (ix) conduct fraudulent activities or violate any law or regulation; (x) collect or harvest information regarding other users of TESTERS for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email; or (xi) share Membership with a third party.

If TESTERS has reasonable grounds to suspect that you are using the site in violation of these terms or if the information you have provided is untrue, inaccurate, not current or incomplete, TESTERS has the right to suspend or terminate your account and refuse any and all current or future use of TESTERS.

4.Accuracy, Completeness and Timeliness of Information on This Site

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided on an “as is” basis. The materials on TESTERS could include technical, typographical, or photographic errors.

5.Payment

TESTERS offers three and twelve month Membership packages, payment is due at the time of registration.  ALL SALES ARE FINAL.  NO REFUNDS WILL BE GIVEN. 

6.TESTERS IP Rights

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by TESTERS, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to TESTERS , is expressly prohibited. TESTERS, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion.

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of TESTERS, its licensors or content providers, or other third parties. ISEE® (Independent School Entrance Exam®) and the ISEE logo are registered trademarks of the Educational Records Bureau.  All other trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. TESTERS reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

7.DMCA Notice

Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor (17 U.S.C. § 512(c), if you believe that anything on this site or service offered therein infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent: [vikrai1976@gmail.com].  A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.

8.Foreign Users 

TESTERS makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction.  Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with TESTERS , (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall TESTERS  be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

Residents of Quebec/ Les Habitants de Québec:

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.

 

9.Links

This site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.  TESTERS  has not necessarily reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. TESTERS is not responsible for any losses, damages or any other liabilities incurred as a result of your use of any linked sites.

10.Disclaimers

THIS SITE IS PROVIDED BY TESTERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TESTERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TESTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TESTERS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TESTERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TESTERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL TESTERS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR

(i)            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 TESTERS  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY,

(ii)           ANY DISCLOSURE OF INFORMATION PROVIDED TO TESTERS (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF TESTERS ), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF TESTERS .

(iii)          STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;

(iv)         THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO; or CREDIBLE THREATS OF ANY OF THE ABOVE; and/or

(v)          ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

IN NO EVENT SHALL TESTERS ’S TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY SERVICE IN QUESTION OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.Indemnification

You agree to indemnify, defend and hold harmless TESTERS and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use and/or Privacy Policy. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. TESTERS reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with TESTERS in the defense of such matter.

12.Choice of Law/Arbitration

Choice of Law

This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles (but excluding Section 1283.1 of the California Code of Civil Procedure and the United Nations Convention on Contracts for the International Sale of Goods). 

Arbitration

Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California.  You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving Los Angeles County, California.  Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA.  Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises.  All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator.  Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication.  The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award.  The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction.  The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings.  For purposes hereof, prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbiter award punitive or exemplary damages.   The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award.  Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of Los Angeles County Small Claims court; (v) for any claims of infringement or misappropriation of TESTERS’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. 

Prior Notice of Claim

For all disputes you may have, whether pursued in court or arbitration, you must first give TESTERS an opportunity to resolve the dispute by providing written notification to [vikrai1976@gmail.com ]and via postal mail to [7510 W. SUNSET BLVD 221 LOS ANGELES CA 90046] stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If TESTERS does not resolve the Dispute within 30 days after it receives your written notification, you may pursue your dispute as set forth above

13.Binding Agreement

This Agreement constitutes the entire agreement between TESTERS and you concerning your use of the Website and supersedes all prior agreements (if any). A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement.  In such an event, this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
 

14.Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

 

NOTICE OF ARBITRATION AGREEMENT:

 This agreement provides that all disputes between you and TESTERS will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.

Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

FOR MORE DETAILS

Review Choice of Law Section above, or visit https://www.adr.org/consumer_arbitration