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EFFECTIVE DAY FEBRUARY 15, 2024
If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these ToU on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these ToU. References to “you” and “your” in these ToU will refer to both the individual using the Site and to any such Organization.
If you do not accept to be bound by these ToU, then you must not use, access the Site, nor download any content from the Site.
Accounts and Registration. To access most features of the Site, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
Information you post on the Site. Testlio does not assume any obligation to monitor the information that you may post on its Site. You warrant that any information, User Content (the term “User Content” is intended to cover all projects, files or other attachments sent to us in any form or media) or comments other than personal data, that you may transmit to Testlio through the Site does not infringe intellectual property rights or any other applicable law. Such information, User Content or comments, will be treated as non-confidential and non proprietary. You warrant that any information, User Content or comments, that you may transmit to Testlio through the Site do not affect the integrity and/or the security of the Site, and in particular, do not contain any virus, worms, Trojan horses and other potentially destructive programs.
By submitting any information or material, you give Testlio an unlimited, worldwide and irrevocable license to host, store, use, copy, execute, show, display, modify and transmit such information, material or comments, including any underlying idea, concept or know-how, in whole or in part, in any manner or medium. Testlio reserves the right to use such information in any way it chooses.
Notwithstanding the foregoing, User Content does not include any materials, content, or information you provide, deliver, or otherwise make available to Testlio pursuant to a separate agreement with Testlio, which will continue to govern such materials, content, and information. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Site.
By posting and publishing User Content, you affirm, represent, and warrant that: (A) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Testlio and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section and in the manner contemplated by Testlio and these ToU; and (B) your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
Testlio may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these ToU or is otherwise objectionable. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Testlio with respect to User Content. Testlio does not permit copyright-infringing activities on the Site.
Digital Millennium Copyright Act. DMCA Notification. We respect the intellectual property of others, and we comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Site or if you believe that any material available in our Site infringes upon any copyright you own or control, please contact us at the following address:
8911 N Capital of Texas Hwy,
Suite 4200 #1081 Austin, TX 78759
Any notification alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information (to meet the requirements of DMCA 17 U.S.C. § 512(c)(3)):
Testlio will promptly terminate without notice the accounts of users that are determined by Testlio to be “repeat infringers”. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.
Prohibited Conduct. By using the Site you agree not to: (i) use the Site for any illegal purpose, or in violation of any local, state, national, or international law; (ii) violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights; (iii) post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; (iv) interfere with security-related features of the Site, including without limitation by (a) disabling or circumventing features that prevent or limit use or copying of any content, or (b) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof; (v) interfere with the operation of the Site or any user’s enjoyment of the Site, including without limitation by (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (b) making unsolicited offers or advertisements to other users of the Site, (c) attempting to collect, personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Site, or violating the regulations, policies, or procedures of such networks, equipment, or servers; (vi) perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Site accounts of others without permission, or falsifying your age or date of birth; (vi) sell or otherwise transfer the access granted herein or any right or ability to view, access, or use any Site materials; or (vii) attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
Third-Party Services and Linked Websites. Testlio may provide tools through the Site that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Testlio with an account on the third-party service or through our implementation of third-party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. You hereby acknowledge and agree that Testlio provides these links as a convenience only, and this doesn’t imply any affiliation or partnership with those third-parties.
Termination of Use; Discontinuation and Modification of the Site. If you violate any provision of these ToU, your permission to use the Site will terminate automatically. Additionally, Testlio, in its sole discretion may terminate your user account or suspend or terminate your access to the Site at any time, with or without notice. We also reserve the right to modify or discontinue the Site at any time (including, without limitation, by limiting or discontinuing certain features) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may terminate your account at any time by contacting customer service at email@example.com.
Changes to the ToU. We reserve the right, at our discretion, to change these ToU on a going-forward basis at any time. Please check these ToU periodically for changes. In the event that a change to these ToU materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. Disputes arising under these ToU will be resolved in accordance with the ToU in effect at the time the dispute arose.
Disclaimers. THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TESTLIO DOES NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITE AND ANY ASSOCIATED SITES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SITE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
THE INFORMATION CONTAINED IN THIS SITE DOES NOT EXTEND OR MODIFY THE WARRANTY THAT MAY APPLY TO YOU AS A RESULT OF A CONTRACTUAL RELATIONSHIP WITH TESTLIO.
No Liability. IN NO EVENT WILL THE TESTLIO ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY OTHER LINKED THIRD PARTY SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TESTLIO HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Governing Law. These ToU shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Testlio agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes. If you attempt to bring any legal proceedings against Testlio you specifically acknowledge that Testlio is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of the State of California to govern any such proceedings, we will probably choose to defend any such action in California and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.
You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this Site shall be deemed non-confidential and non-proprietary. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these ToU (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Santa Clara County, California.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Santa Clara County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these ToU.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Nullity of a provision. If any term in these ToU is, for any reason whatsoever, held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these ToU.
Contact Information. The services offered in this Site are offered by Testlio Inc., located at 8911 N Capital of Texas Hwy, Suite 4200 #1081, Austin, TX 78759. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org.