Terms of Use
TestMasters is a test preparation company that prepares students to take standardized
tests. Your use of this site constitutes your agreement to the terms, conditions
and notices below ("Terms of Use"). If you do not agree with these Terms
of Use, please do not use this site. TestMasters reserves the right to change, modify,
add or remove portions of these Terms of Use at any time. Please check this page
periodically for any modifications. Your continued use of this site following the
posting of any changes will constitute your acceptance of the changes.
Copyright and Trademark Protection
All materials in this site (including site layout, design, text, images, and graphics)
are the property of TestMasters and are protected by national and international
copyright and trademark laws. The Logical Reasoning Six Question Types, The Logical
Construct, Master the Possibilities, Incorrect Reversal, Incorrect Negation, The
Unless Formula, The Not Rule, The Hypothetical Sweep, The 2N Negation Technique,
The 2S Justification Technique, The Conclusion Test, The Good/Bad Test, and The
Yes/No Test were all invented by Robin Singh and are copyrights, trademarks or registered
trademarks of TestMasters in the U.S. and/or other countries. The Two/Three Elimination
Technique, Accelerated Elimination, The Rate Matrix, The Yes/No Stratagem, The Ratio
Matrix, The Group Matrix, The Structure Template, The Argument Analysis Template
are copyrights, trademarks or registered trademarks of TestMasters in the U.S. and/or
other countries. The names of actual companies and products mentioned throughout
the TestMasters website may be the trademarks of their respective owners.
You may not publish, copy, display, distribute, transmit, perform, modify, create
derivative works from, or sell any information, products or services obtained from
this site, except as otherwise expressly permitted under applicable law or as described
in these Terms of Use.
If you believe that any material on the TestMasters website infringe your copyright
or trademark rights, please report it to TestMasters by following our Copyright
Notice for making claims of copyright and/or trademark infringement.
Click here for our Copyright Notice.
Downloading Materials
You may print or download unprotected content and materials on the site for your personal, non-commercial
use, provided you keep intact all copyright and other proprietary notices. You may
not engage in systematic retrieval of data or other content from this site to create
or compile, directly or indirectly, a collection, compilation, database or directory
without express written permission from the TestMasters Legal Affairs Department.
Such permission must be obtained from an attorney in the Legal Affairs Department.
You may not mirror on your own site the homepage or results pages of this site.
Use of the content and materials on this site for any purpose not expressly permitted
in these Terms of Use is prohibited.
Your Communications
You may not post information or materials to this site that violate the rights of
any third party or contain a virus or other harmful component. You may not use language
or engage in any activity that is threatening, abusive, vulgar, discourteous or
unlawful. TestMasters reserves the right to remove or edit messages or material
submitted by users. You may not use this site for sale, trade or other commercial
purposes.
Links To Third Party Websites
TestMasters provides links to third party websites for your convenience and use.
Because TestMasters has no control or dominion over such sites and resources, you
acknowledge and agree that TestMasters is not responsible for the availability of
such external sites or resources and does not endorse, nor is responsible or liable
for, any content, advertising, products or other materials on or available from
such sites or resources. TestMasters will not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available on or through
any such site or resource.
Disclaimer of Warranties
Neither TestMasters, its affiliates, nor any third-party content providers or licensors
makes any warranty whatsoever, including without limitation: that the operation
of the TestMasters website will be uninterrupted or error-free; that defects will
be corrected; that this site, including the server that makes it available, is free
of viruses or other harmful components; as to the results that may be obtained from
use of the materials on the site; or as to the accuracy, reliability, availability,
suitability, quality or operation of any information, software or service provided
on or accessible from the site.
THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT,
DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM THE TESTMASTERS
WEBSITE. THE TESTMASTERS WEBSITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE
FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND
(EXPRESS, IMPLIED AND STATUTORY), INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE), ALL OF WHICH TESTMASTERS DISCLAIMS TO THE FULLEST EXTENT
PERMITTED BY LAW. YOUR USE OF THE TESTMASTERS WEBSITE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL TESTMASTERS, ITS AFFILIATES, INFORMATION
PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES,
AGENTS OR LICENSORS BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN THE TESTMASTERS WEBSITE, OR FOR ANY CLAIMS
OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN
NO EVENT SHALL TESTMASTERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THE TESTMASTERS WEBSITE, OR THE CLAIMS
OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF TESTMASTERS
HAS BEEN ADVISED OF (OR IF ANY TESTMASTERS EMPLOYEE OR AGENT IS AWARE OF OR SHOULD
HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES
AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF TESTMASTERS, ARISING OUT OF OR RELATING
TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE TESTMASTERS
WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO
ACCESS THE TESTMASTERS WEBSITE.
Indemnification
User agrees to indemnify and hold harmless, and at TestMasters request, defend TestMasters
and their respective affiliates, agents and employees from and against any and all
claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements,
costs and expenses (including reasonable attorney's fees and costs - hereinafter
referred to as "Losses") insofar as such Losses (or actions in respect
thereof) arise out of, are based on, or relate to: (i) your use of the TestMasters
website; or (ii) any misrepresentation of any information, representation or warranty,
or breach of this Terms of Use or any other covenant or agreement.
If any third party brings a claim, lawsuit or other proceeding(s) against TestMasters
based on User's conduct or use of the TestMasters website or services, User agrees
to compensate TestMasters for any and all Losses in connection with any such claim,
lawsuit or proceeding.
Independent Investigation
TestMasters reserves the right to investigate suspected violations of the terms
and conditions of this Agreement whenever TestMasters becomes aware of possible
violations. Such an investigation may include gathering information from User and
the complaining party and reviewing materials on TestMasters' servers. During an
investigation, TestMasters may remove any and all disputed material from TestMasters'
servers.
Governing Law
The formation, construction and interpretation of this Agreement shall in all respects
be governed by and construed in accordance with the laws of the United States and
the State of California, as such law applies to agreements between California residents
entered into and wholly performed within California, without giving effect to any
principles of conflicts of laws. This Agreement shall not be governed by the United
Nations Conventions of Contracts for the International Sale of Goods, the application
of which is hereby expressly excluded from any interpretation of this Agreement.
By using this site, you hereby consent to the exclusive personal jurisdiction and
venue of the State and Federal Court of the State of California, U.S.A. It is hereby
agreed that any action at law or inequity arising under this Agreement and/or your
use of the TestMasters website, shall be finally adjudicated or determined in Los
Angeles County, California and the parties hereto hereby submit generally and unconditionally
to the personal and exclusive jurisdiction and venue of these courts with respect
to any such matter and consent to service of process by any means authorized by
California law.
Acceptance
Your use of the TestMasters website constitutes acceptance of this Agreement. You
hereby waive any and all defenses you may have based on the electronic form of this
Agreement and lack of signing or other form of electronic execution by the parties
hereto. You agree to abide by the terms and conditions of this Agreement and any
additional terms, conditions, rules or procedures imposed by TestMasters or by third
party content providers in connection with third party content, software or services
available on, through or in connection with TestMasters.
Amendments
TestMasters reserves the right to automatically amend this Agreement at any time
by posting the amended terms and conditions to this "Terms of Use" section
of the TestMasters website. Such amendments will be effective when posted.
Acts of God
TestMasters shall be excused from its obligations for any period to the extent that
TestMasters is prevented from performing, in whole or in part, its obligations under
this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s)
or request(s) by any governmental or quasi-governmental entity (whether or not the
action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), Internet
failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe
weather, hurricane, embargo, labor dispute or strike (whether legal or illegal)
labor or material shortage, transportation interruption of any kind, work slow-down,
civil disturbance, insurrection, riot, foreign or domestic court order, third party
non-performance (including the acts or omissions of any suppliers, agents, or subcontractors)
or any other cause beyond TestMasters' reasonable control affecting production or
delivery in any manner, including failure or fluctuations in electrical power, heat,
light, air conditioning or telecommunications equipment or lines or other equipment,
whether electronic or otherwise.
Waiver
TestMasters' failure to enforce strict performance of any provision of this Terms
of Use will not constitute a waiver of TestMasters' right to subsequently enforce
such a provision or any other provision of this Agreement, nor will any delay or
omission on the part of TestMasters to exercise or take advantage of any right or
remedy that TestMasters has or may have hereunder, operate as a waiver of any right
or remedy.
Severability
In the event that any of the provisions of this Agreement shall be held by a court
or other tribunal of competent jurisdiction to be invalid or unenforceable, the
remaining portion hereof shall remain in full force and effect and such a provision
shall be enforced to the maximum extent possible so as to effect the intent of the
parties and shall be reformed to the extent necessary to make such provisions valid
and enforceable.
Headings
The division of this Agreement into sections and the use of headings are for convenience
of reference only and shall not modify or affect the interpretation or construction
of this Agreement or any provision hereof.
Merger Clause
This Agreement constitutes the entire agreement between you and TestMasters concerning
the subject matter contained herein and supersedes all prior or contemporaneous
representations, proposals, conditions, communications and agreements, whether oral
or written, between the parties relating to the subject matter herein and all past
courses of dealing or industry custom. The subject matter herein may not be modified
except by TestMasters.
TESTMASTERS RESERVES THE RIGHT TO CHANGE OR AMEND THIS AGREEMENT AT ANY TIME WITHOUT
PRIOR NOTICE. SUCH CHANGES SHALL TAKE EFFECT UPON POSTING ON THE TESTMASTERS WEBSITE.
BY USING THE TESTMASTERS WEBSITE, YOU SIGNIFY YOUR EXPLICIT CONSENT TO THE TERMS
AND CONDITIONS OF THIS AGREEMENT.