Terms of Service

Please read and accept the terms of service below before continuing.

The Taking My Test web site (the “Site”), and the educational services made available on or through the Site (the “Services”), are owned, operated, and maintained, as applicable, by Taking My Test, LLC (“we”, “our”, “us”, or “TMT”). The Site and Services are, collectively, the “TMT Products”. By (a) using or accessing the TMT Products, (b) offering a Test through the Site; or (c) paying for someone else to use or access the TMT Products, you agree to the terms and conditions set forth in these Terms of Service (the “Terms”).

THESE TERMS, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND TMT. BY USING THE TMT PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE, AND ARE NOT AUTHORIZED TO USE, ALL OR ANY PORTION OF THE TMT PRODUCTS.

For the purposes of this agreement, “you” means a parent who pays for access to the TMT Products as well as the student, Instructor (as defined below), or other User (as defined below) who accesses or uses the TMT Products. If you are a parent, guardian, or other person who enables a child to access the TMT Products, you agree to be responsible for and stand in the shoes of the child for the purposes of agreeing to these binding Terms. This Site is intended for use by you only if you are 13 years of age or older.

Privacy

Any personal information submitted in connection with your use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms. Please review our Privacy Policy to understand our practices.

General

The TMT Products enable students, parents, schools and Subscribing Entities (collectively, “Users”) to connect with independent contractor instructors (the “Instructors”) who provide recorded testing services via the Site (the “Tests”). The Services include, without limitation, facilitating and hosting Tests.

You understand and agree that these Terms are entered into in consideration of your use of the TMT Products and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

TMT reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the TMT Products after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the TMT that arose prior to the date of such revision.

By using the TMT Products or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the TMT Products. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at inquiries@takingmytest.com.

Registration and Identity Protection

To use certain TMT Products, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, the “Account”) and for all activities and liabilities associated with or occurring under your Account. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each Test. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account. However, you agree that you will be liable for any losses incurred by us or another party due to any use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.

You may not transfer your Account to any other person and you may not use anyone else's Account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Services; and (iii) the consequences of any misuse.

For additional information on how we use your information, please see our Privacy Policy.

Accuracy of Account Information

In consideration of your use of TMT Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by TMT's registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the TMT Products, without any liability to you.

Connectivity Costs and Equipment

You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the TMT Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

Fees and Taxes

TMT may change its fee policies at any time in its sole discretion, including charging for access to the Site, but no fee change will be binding upon you until you agree to such fee changes.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method that is accepted by the TMT in its sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any TMT Products pending resolution of any amounts due by you to TMT.

General Disclaimer

The Site is only a marketplace of Instructors and Users. We are not responsible or liable for any interactions involved between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Users, including, but not limited to, any User's reliance upon any information provided by an Instructor.

We do not control Posted Content (as defined below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Posted Content. You also understand that by using the Site you may be exposed to Posted Content that is offensive, indecent, or objectionable. You hereby agree to hold TMT harmless from and against any and all claims that you may have arising out of your access or use of any Posted Content.

The TMT Products are controlled and operated by TMT from its offices in the State of California, USA. TMT makes no representation that materials made available through TMT Products are appropriate or available for use in other locations. Those who choose to access or use the TMT Products from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of the TMT Products from jurisdictions where the contents or practices of the TMT Products are illegal, unauthorized or penalized is strictly prohibited.

Conduct

You may only access the TMT Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the TMT Products.

Specific Obligations of Instructors

If you are an Instructor registering for use of the Site, then you hereby agree that: • You are fully responsible for all of the content you provide in, through, or arising out of your use of the TMT Products, and for the accuracy of same. In connection with the content you provide, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize TMT, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, and otherwise use and exploit such content on and through TMT Products in the manner contemplated by these Terms, and to promote the availability of your content on and through the Site in any and all media, whether now known or hereafter created; • You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content; • You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through TMT Products or to Users; • You will not use TMT Products for any business other than for providing Tests and instructional services to Users of the Site; • You will not engage in any activity that will require TMT to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings; • You will not copy, modify or distribute TMT Content from our Site, including trademarks and copyrights; • You will not interfere with or otherwise prevent other Instructors from providing their services or Tests; • You will keep Your Data up-to-date, and respond to Users seeking your services in a timely fashion, so as to ensure quality of service provided to students, parents and other Users of the Site; and • If you are in a state or locale where any form of instructing requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall not use the TMT Products as an Instructor until such license, consent, authorization or permission is obtained.

Specific Obligations of Users using the Site

As a User engaging Instructors, you agree that: • You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Test; • If you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, contacting an Instructor, or registering for a Test.

You also agree that you will not do any of the following on or through the TMT Products: • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise); • post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content; • manipulate or interfere with the TMT Products; • reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Posted Content or other content obtained from any TMT Products without our express written permission or the permission of the Instructor who authored such Posted Content, excluding only reproductions made for your personal, non-commercial use or for a reproduction and distribution back to an Instructor as part of a Test; • disclose any information to an Instructor that could be considered personally identifiable information including, but not limited to, your full name, address, telephone number, email address, Social Security number, password or any other information that could be used to identify or locate you; and • solicit personal information from any Instructor, and agree that if any Instructor ever discloses such information to you or asks you for any personal information, you agree to immediately report this to us in writing to inquiries@takingmytest.com.

User and Instructor Posted Content

Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us on or through TMT Products (the “Posted Content”) will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating the TMT Products, including, but not limited to, for quality control, redistribution or display to Users, and professional development. Notwithstanding the foregoing, you have the right to remove all or any portion of your Posted Content from the Services at any time, with such removal terminating the grant of rights to TMT with respect to such Posted Content within 60 business days of such removal, but such removal shall not terminate the grant of rights given to any Users who paid any required fees to access or use any removed Posted Content prior to such date. For the avoidance of doubt, removal of some, but not all, Posted Content shall serve as a termination with respect only to such removed Posted Content but not any other Posted Content.

You agree that we may record all or any part of any Tests (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the TMT Products. We reserve the right to review the Tests for any purpose.

Licensing Posted Content

While you retain any and all rights in any Posted Content you make available through the TMT Products, we need certain rights to the Posted Content in order to offer the Services. By uploading or otherwise making available any Posted Content, you hereby grant to TMT, solely for the purposes of offering, delivering, marketing, promoting, demonstrating, and selling your Posted Content (either directly or through third party distributors), and to operate the Services, but not for any other purposes, a non-exclusive, world-wide, transferable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, communicate to the public, reproduce, edit, modify, create derivative works, and otherwise use and exploit your Posted Content (or any portion or derivative works thereof) through any and all distribution outlets or channels, whether now known or hereafter created. This license enables us to provide the Services and provide access to the Posted Content and is not intended to otherwise limit your rights to the Content. You hereby retain any and all rights that you have in and to your Posted Content; provided, however, that you may not directly license a User who acquires or accesses your Posted Content through the Services.

The license grant to TMT set forth above includes the right to grant Users who pay any fees required to access or use your Posted Content (either directly or through third party distributors) a perpetual, irrevocable sublicense to reproduce your Posted Content on personal devices (e.g., computer hard drives and mobile devices) and to use and exploit your Posted Content solely for personal uses as set forth in these Terms.

The license grant to TMT set forth above includes the right to distribute your Posted Content through multiple tiers of sublicensees and for such sublicensees to have all rights necessary for them to offer, deliver, market, promote, demonstrate, and sell your Posted Content to Users, but does not include the right to edit your Posted Content.

TMT hereby grants you (as a User) a limited, perpetual, irrevocable, non-exclusive, non-transferable license to access and use Posted Content and TMT Content, for which you have paid all required fees, on your personal devices (e.g., personal computers and mobile devices), solely for your personal, non-commercial, educational purposes and not for any other purposes. All other uses are expressly prohibited absent our express written consent. For the avoidance of doubt, you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Posted Content or TMT Content unless we give you explicit permission to do so. Posted Content and TMT Content is licensed, and not sold, to you. Instructors may not grant you license rights to Posted Content you access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Posted Content, or any portion thereof, solely as authorized in these Terms but not for any other purpose, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling your Posted Content, or any advertising or publicity relating thereto.

You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to TMT with respect to your Posted Content and that TMT shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Posted Content as authorized in these Terms or have any liability to your or any other party as a result of any use or exploitation of your Posted Content as authorized in these Terms.

Removal of Posted Content by Us

You acknowledge that we may screen Posted Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any Posted Content, including terminating Tests, from the Services without any liability to you. Without limiting the foregoing, we have the right to remove any Posted Content that violates these Terms or is otherwise objectionable in our sole and absolute discretion. You agree and acknowledge that we may preserve Posted Content and may disclose Posted Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Posted Content violates the rights of third parties or protect our rights, property or personal safety or that of our Users and the public.

Copyright

You acknowledge that the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the TMT Products (collectively, the “TMT Content”) are the proprietary property of TMT and its affiliated and/or third party providers and suppliers (the “Third Parties”) and are protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.

Permitted Use of TMT Content and TMT Products; Reservation of Rights

You may download and print a reasonable number of copies of documentation provided or available in connection with the TMT Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services and the other TMT Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (a) any permitted copies of documentation provided or available in connection with the TMT Content contain, in an unmodified form, (i) all language designations contained in the materials originally provided to you by us and (ii) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (b) you will not modify any of the TMT Content except as approved by us in advance in writing. You acknowledge that except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the TMT Content or otherwise, including, without limitation, by accessing or using the TMT Products or the TMT Content. These rights granted to you are revocable by us in accordance with these Terms and shall expire upon the termination of these Terms.

Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

TMT respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the TMT Products.

TMT's intellectual property policy is to (a) remove material that TMT believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the TMT Products, and (b) remove any Posted Content posted to the Site by “repeat infringers.” TMT considers a “repeat infringer” to be any User that has uploaded Posted Content to the Site and for whom TMT has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Posted Content. TMT has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon TMT's own determination.

Procedure for Reporting Claimed Infringement.

If you believe that any content made available on or through the TMT Products has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following: • A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; • Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works; • Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TMT to locate the material; • Information reasonably sufficient to permit TMT to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.

TMT's Designated Agent for notices of claimed infringement can be contacted at: • Via E-mail: inquiries@takingmytest.com • Via U.S. Mail: Take My Test, LLC, 2571 Hibiscus St, Fullerton, CA 92835 Attn: Copyright Department

Links

As you use the TMT Products you may notice links to third-party websites (“Third Party Sites”). These links are for convenience only. If you use these links, you will leave the Site. TMT is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.

YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITES.

Disclaimer; Warranty Disclaimer

YOU UNDERSTAND THAT WHEN USING THE TMT PRODUCTS, PARTICIPATING IN OR OBTAINING INFORMATION FROM A TEST, OR ACCESSING TMT CONTENT OR POSTED CONTENT, YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, INSTRUCTIONAL INFORMATION, AND OTHER MATERIALS FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH PRODUCTS, CONTENT OR MATERIALS.

THE TMT PRODUCTS, TMT CONTENT, THIRD PARTY CONTENT, POSTED CONTENT, COURSES, AND ANY PORTIONS OF ANY OF THE FOREGOING, MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SITE OR THE SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, SAFETY, ACCURACY, RELIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TMT HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TMT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE TMT CONTENT, THE TMT PRODUCTS, TESTS, POSTED CONTENT OR ANY PORTION THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS COMPANY HAS RECEIVED AS A RESULT OF YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of any Posted Content you submit, post to, email, or otherwise transmit to us or through the Site or Services, your use of the TMT Products, the TMT Content or any portion thereof, your connection to the Site or Services, or your breach of these Terms. We reserve the right, at our 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 fully cooperate with such defense and in asserting any available defenses.

Dispute Resolution

The Site is managed by TMT, located in Los Angeles County, California. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Los Angeles County, California as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Site where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either TMT or You may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by You and TMT. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, online, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Termination of Services; Termination of Agreement

We may terminate your use of the TMT Products immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the TMT Products for any reason or no reason.

In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination, and the miscellaneous provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to and use of the TMT Products. Upon the termination you will immediately destroy any downloaded or printed TMT Content.

You are free to terminate your use of the TMT Products at any time. You can simply choose to stop visiting or using any aspect of the TMT Products. If you wish to terminate your account on the Site or with the Services, you may do so by sending an e-mail to inquiries@takingmytest.com or using any other account termination functionality that may be offered through the TMT Products.

Miscellaneous

These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of TMT to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the TMT nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

The TMT Products are offered by Take My Test, LLC, located at 2571 Hibiscus St, Fullerton, CA 92835. You may contact us by sending correspondence to the foregoing address or by e-mailing us at inquiries@takingmytest.com. If you are a California resident, then you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

Effective Date: October 22, 2012