Version 1.3, last updated Feb 23, 2012.
This notice and disclaimer applies to ITestYou website, mobile applications and content accessible in United States, Russia, France, Korea, Spain, Germany, China, Japan, United Arab Emirates and other jurisdictions. By providing information, or by using or viewing this website or mobile applications, you agree to be bound by these terms and conditions.
3. Description of Service
ITestYou.com provides a suite of educational tools that enable visitors to become better at math and other subjects, primarily through practice and adaptive lessons. In addition, ITestYou.com provides tools to analyze progress. You agree that this service is provided “AS-IS” and can change at any time without notice to you.
ITestYou.com is NOT an accredited educational institution. While we believe that our website provides significant education value, you agree that this service is provided “AS-IS”. We do not represent, warrant, verify, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations, advertisements, images, sounds, and text (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from the website, nor the quality of any products, services, information or other Materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the website (the “Products”). You hereby acknowledge that any reliance upon any Materials and any purchase of any Products shall be at your sole risk. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Products.
Although ITestYou.com attempts to ensure that all information contained on this website is error-free, we accept no liability for omissions, and reserve the right to change or alter the content of the site at anytime. We do not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
4. Limited License
By using this website or downloading Materials from this website, you agree to abide by the terms and conditions, set forth in this agreement. If you do not agree to abide by these terms and conditions, do not use this website or purchase Services or Products from this website.
This website, including all Materials, is protected by worldwide copyright laws and treaty provisions, whether or not a copyright notice is present on the Materials. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, or copyrights.
5. Your Information
6. Age restrictions
ITestYou.com website and its services are suitable for variety of users including maybe users under 13 years of age. There may be certain access restrictions placed on any under 13 year old users. We advice such users to use the site only under the supervision and with the permission of their legal guardians. You agree that if you assist users under 13 years old to access the ITestYou.com website or services, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences for these actions and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER ITESTYOU.COM, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Use Discretion
We encourage you to exercise discretion while browsing the Internet or linking to third party sites or information from our website. We make no representations concerning any endeavor to review the content of which is connected to or linked from our website or any of the Materials, and as such we are not responsible for the accuracy, copyright compliance, or legality of material contained in third party information including, without limitation, websites, advertisements, or in the Materials.
8. User Conduct
You understand and agree not to use the website to:
- Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- Use the website for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation. This prohibition includes but is not limited to a) Using website to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using website to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the website.
- Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
- Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website.
9. Intellectual Property Rights
You recognize and agree that you have no rights in or to the whole or any part of the trade names, trademarks, and brandmarks of ours or of our licensors. You will not, except as otherwise permitted by this Agreement while it is in effect, disclose, make use of or otherwise infringe upon the intellectual property or any derivatives thereof, it being specifically understood that the intellectual property is owned solely and exclusively by us or our licensors. You have no right, title, or interest whatsoever in the Materials (including intellectual property rights) except as expressly set out in this Agreement. You agree that upon any violation of these covenants, we shall suffer irreparable harm and shall be entitled to injunctive relief against any further violation, and our reasonable legal costs in addition to any other damages to which we may be entitled. This covenant is independent of any other covenant, term or condition of this Agreement and shall survive the expiration or termination of this Agreement, it being understood that but for the giving of this covenant, we would not have entered into this Agreement.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ITESTYOU.COM OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ITESTYOU.COM WEB SITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF ITESTYOU.COM WEBITES AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY US AND OTHER INFORMATION PROVIDERS ON AN “AS IS” BASIS, AND WE AND OTHER INFORMATION PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL WE AND OTHER INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
11. System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our website or with any activities being conducted on the website. You may not take any action, which imposes an unreasonable or disproportionately large load on its infrastructure. You may not disclose or share your personal account with any third parties or use your password for any unauthorized purpose. You agree not to interrupt or attempt to interrupt the operation of the website in any way.
ITestYou.com accepts no responsibility for the links to or from its website and the inclusion of these links does not mean that ITestYou.com endorses the material or content of these sites.
Advertising Policy and Promotional Materials
ITestYou.com displays text and image advertisement based on monetary incentives provided by advertisers. In order to maintain a distinct separation between advertising content and editorial and decision-making content all such advertisements, promotional and commercial material including links, banners and logos are clearly marked with the words “Context-specific ads”, “Advertisement” or “Ads by” in the immediate proximity. No advertisement material is accepted without such marking.
ITestYou.com does not monitor compliance of the advertisement materials with applicable laws and regulations. It is the responsibility of the advertiser to comply with such domestic and foreign laws, including applicable laws and regulations of regulatory bodies. ITestYou.com continuously reviews ads and reserves the right to reject, cancel, or remove at any time any advertisement that presents poor taste, fraudulent, deceptive, or offensive materials, promotes illegal or objectionable products, or offers sexually explicit content.
You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including, without limitation, reasonable legal fees, arising out of or in connection with a breach of your obligations, representations and warranties provided in this Agreement. You also agree to hold us harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with any errors, malfunctions or defects in connection with any Products purchased by you.
You may not assign, in whole or in part, any of your rights or obligations under this Agreement, without our written consent. We may assign this Agreement at any time without notice to you.
16. Legal Fees
If any action at law or in equity is necessary to enforce or interpret our rights under this Agreement the terms of this Agreement, or any of the provisions hereof, we shall be entitled to recover from you, in addition to any other relief to which we may be entitled, reasonable legal fees, costs and necessary disbursements.
17. Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario, Canada. Any disputes under this Agreement will be settled by the parties through binding arbitration by an independent arbitrator chosen by the parties or if they cannot agree, then by a court.
18. International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to 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.
If one or more provisions of this Agreement are held to be invalid, generally or specifically in a given jurisdiction, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be, and shall be, severable to the limited extent necessary and to retain the mutual intent of the parties.
20. Entire Agreement
This Agreement constitutes the entire agreement between you and us and supersedes all other agreements. No other representations or warranties are made, save for those contained within this Agreement. Any conflicts between the terms or conditions of this Agreement and the terms or conditions of any other agreement between you and us shall be decided by reference to this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to , if to us, or to the email address you provided during the registration process if to you, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
22. Questions or Comments
Please direct any questions or comments regarding these terms and conditions to