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TESTINGMOM.COM PRIVACY POLICY

TestingMom.com, LLC (“TestingMom.com”, “we” or “us”) recognizes the importance of your personal privacy.  Therefore, we have created this Privacy Policy so that you know how we use and disclose your information when you make it available to us.  The Privacy Policy below discloses our practices regarding information collection and usage solely for the web site located at www.TestingMom.com (the “Service”).

By using or accessing the Service or participating in our services, you signify your agreement to be bound by our Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

  • The information we collect and why we collect it
  • How we use that information
  • How we share information
  • The choices we offer

 

Personally Identifiable Information That We Collect:

We do not collect personally identifiable information from you unless you voluntarily provide it to us, such as by signing up to receive testing questions or other materials, completing an inquiry form or otherwise choosing to share your personally identifiable information with us. You may be required to submit certain personally identifiable information when you register on the Service. The personally identifiable information which you may provide to us could include your name, email address, physical address, credit card number and other personal information.

Non-Personal Or Aggregate Information That We Collect:

When you access our Service or use the TestingMom.com services, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular state) in a manner which does not identify any one individual.   We may also aggregate information collected offline in connection with the Service or use of our services, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.

It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information.  While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists.  If you believe that we have inadvertently collected your personal information, please notify us at help@testingmom.com.  

Information Usage:

We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

  • We may share your personally identifiable information collected in connection with providing the Service.
  • We may use your personally identifiable information to respond to your inquires or requests.
  • We may use your personally identifiable information to send you emails from time to time about our services, such as future testing questions, but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent.
  • We may permit our vendors and subcontractors to access your personally identifiable information, but they are only permitted to do so in connection with performing services for us.  They are not authorized by us to use the information for their own benefit.
  • We may share your personally identifiable information with third parties to further the purpose for which you provided such information to us; for example, we may share your information with WorldPay and Finix, as necessary for processing your purchases made online via the Service. We urge you to read WorldPay and Finix’s privacy practices before submitting any personal credit card information through the Service.
  • We may disclose personally identifiable information as required by law or legal process.
  • We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
  • We may transfer your personally identifiable information in connection with the sale or merger or change of control of TestingMom.com or the division responsible for the services with which your personally identifiable information is associated.
  • We may share your personally identifiable information with an affiliate of TestingMom.com who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

 

Non- personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes.  We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service.  We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below.  In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service.  You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

Analytics:

We use analytics services that use cookies, javascript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.  We also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service. Please see https://support.google.com/adwords/answer/1722022?hl=en for more information about conversion tracking provided by Google.

Security:

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access.  However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service and TestingMom.com services demonstrates your assumption of this risk.  We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information.  For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Your Disclosures In Blogs And Other Social Media:

You should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions.  We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

Your Disclosures To Partner Sites

You should also be aware that personally identifiable information which you voluntarily transmit online to any of our partner websites, including but not limited to Clay Piggy, Manga High, Mathletics, Miss Humblebee’s Academy, Reading Kingdom, Study Island, and Tynker (hereinafter the “Partner Sites”), may be used in accordance with that Partner Site’s Terms and Conditions and Privacy Policy. We urge you to read the Terms and Conditions and Privacy Policy of any Partner Site to which you submit personally identifiable information. We are unable to control any uses of your personally identifiable information by any Partner Site, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

Protection for Children:

We generally do not collect personally identifiable information from children under the age of 18.  If at any time in the future we plan to collect personally identifiable information from children under 18, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA.  When we become aware that personally identifiable information from a child under 18 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Other Services:

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites.  When you link away from our Service, you do so at your own risk.

Changes to this Privacy Policy:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.  However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses.  Your continued use of the Service and our services following the posting of any changes to this Privacy Policy means you accept such changes.

Opt-Out Process:

All unsubscribe or opt-out requests should be sent to us at help@testingmom.com and we will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent.  You should contact such third parties directly. If you would like to update or correct any personally identifiable information that you have provided to us, please email us at help@testingmom.com and once we confirm your information, we will update such information within a reasonable amount of time.

Communications with TestingMom.com:

By providing your email address to us, you expressly consent to receive emails from us.  We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary.  Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Site Terms and Conditions:

Use of this Service is governed by, and subject to, the Terms and Conditions located at https://www.testingmom.com/privacy/.  This Privacy Policy is incorporated into such terms.  Your use, or access, of the Service constitutes your agreement to be bound by these provisions.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.

United States of America:

Our servers are maintained in the United States of America.  By using the Service or participating in TestingMom.com services, you freely and specifically give us your consent to export your personally identifiable information to the USA and to store and use it in the USA as specified in this Privacy Policy.  You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

Governing Law:  

This Privacy Policy and our legal obligations hereunder are subject to the laws of New York, U.S.A., regardless of your location.  You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Services.

Contact:

For questions or concerns relating to privacy, we can be contacted at: help@testingmom.com.

Effective Date:

This Privacy Policy was last updated on June 14, 2013.

 

TESTINGMOM.COM TERMS OF USE AGREEMENT

Welcome to TestingMom.com, the service for parents to help prepare their children for private school admissions and gifted and talented testing, operated by TestingMom.com, L.L.C. (“TestingMom.com”). By using the TestingMom.com Website, (the “Website” or the “Site”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of TestingMom.com (“Member”). If you wish to become a Member and/or make use of the TestingMom.com service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the TestingMom.com Privacy Policy, do not use the Website or the Service. This Agreement is subject to change by TestingMom.com at any time, effective upon posting on the TestingMom.com website. Your continued use of the Website and the Service following TestingMom.com’s posting of revised terms of any section of the Agreement will constitute your express acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS,INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. This Agreement may be modified by TestingMom.com from time to time, such modifications to be effective upon posting by TestingMom.com on the Website. By accessing and/or using the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

2. Eligibility. You must be at least eighteen (18) years of age. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Membership and Subscription; Pricing. You may become a free Member of the Service at no cost. As a free Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to access practice questions, tele-seminars, expert access and other services, you must become a paying subscriber to the Service. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Website and/or Service.

4. Term. This Agreement will remain in full force and effect while you use the Website and/or Service. You may terminate your membership and/or subscription at any time by logging onto the Website with your username and password, clicking the “My Account” tab at the top of the homepage, and following the prompts to cancel. Alternatively, you may terminate your membership and/or subscription by contacting us at help@testingmom.com or send written notice of termination to TestingMom.com, LLC 6841 Virginia Parkway, Suite 103 #441, McKinney, 75071. If you resign or cancel your membership and/or subscription to TestingMom.com, to help TestingMom.com analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. TestingMom.com may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to TestingMom.com. If TestingMom.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of TestingMom.com. TestingMom.com is not required to provide you notice prior to terminating your membership and/or subscription. TestingMom.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5. Non-commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavor as organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person,  use of the Website in any fraudulent or misleading manner, any automated use of the system, such as scraping the Website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website, and using the Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunction redress. Use of the Website and Service is with the permission of TestingMom.com, which may be revoked at any time, for any reason, in TestingMom.com’s sole discretion.

6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify TestingMom.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TestingMom.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your TestingMom.com account.

7. Limitation of Liability. In no event shall TestingMom.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the test results or test scores or school admissions and acceptance of a member’s child into a school or specific program. TestingMom.com makes no guaranty or promise regarding the Website or Service. TestingMom.com does not guarantee that using this Website or Service will lead to acceptance into any particular program or school, increase any scores, overcome any obstacles into acceptance into any such programs, or achieve any other results. Nothing contained in this Website or in any written or oral communications from TestingMom.com or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Website and the services provided by employees of the Website are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TestingMom.com makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Website content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of this Website and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL TESTINGMOM.COM, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF TESTINGMOM.COM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL TESTINGMOM.COM HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF TESTINGMOM.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of TestingMom.com and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Website or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to TestingMom.com during the six months prior to notice to TestingMom.com of the dispute for which the remedy is sought.

8. Content on Testingmom.com

(a) Proprietary Rights. TestingMom.com retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of TestingMom.com, and its licensors. Except where we have given your express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on TestingMom.com is proprietary. The Content (as defined below) is copyrighted material of TestingMom.com and for TestingMom.com Members’ use only. Distribution of Content to others is strictly prohibited. You agree that TestingMom.com would be irreparably harmed by any violation or threatened violation of this section and that, therefore, TestingMom.com shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have. To develop materials used in these practice questions, the employees of TestingMom.com relied on readily available public information and their own creative thinking. ITBS® – Iowa Tests of Basic Skills® , Woodcock Johnson Tests of Achievement®, WPPSI™-III and IV, WISC®-IV, Otis-Lennon School Ability Test® (OLSAT®), Bracken™ (BSRA™), Cognitive Abilities Test® (CogAT®), NNAT®/Naglieri®, CTP®-ERB (Comprehensive Testing Program), Stanford-Binet® IV and V, ISEE® (Independent School Entrance Exam®), Raven’s Progressive Matrices™, Torrance® Tests of Creative Thinking (TTCT®), Structure of Intellect Learning Abilities Test™ (SOI-LA™), Reynolds® (RIAS®) and KBIT™-2 are trademarks of their respective publishers or their affiliate(s), or their licensors (“Publishers”). The Publishers of these tests have not approved the material in these practice questions. The concepts and activities in these practice questions are based upon public knowledge and publicly available information and are in no way identical to questions and activities on the actual tests. TestingMom.com is not affiliated with nor related to the respective Publishers of these tests. The Publishers do not sponsor or endorse any TestingMom.com product, nor have TestingMom.com products or services been reviewed, certified, or approved by the Publishers. Trademarks referring to specific test providers are used by TestingMom.com for nominative purposes only and such trademarks are solely the property of their respective owners.

We may provide links to third-party websites, and some of the content appearing on TestingMom.com may be supplied by third parties. TestingMom.com has no responsibility for these third-party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third-party content providers.

9. Restrictions on Use of Materials

You acknowledge that TestingMom.com contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, practice test questions, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and TestingMom.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

10. Parental or Guardian Permission

Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE TESTINGMOM.COM THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

11. Customer Service. TestingMom.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

12. Subscriptions; Charges on Your Billing Account.

(a) General. TestingMom.com bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay TestingMom.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize TestingMom.com to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. TestingMom.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. TestingMom.com may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by TestingMom.com) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before TestingMom.com could reasonably act. Contact TestingMom.com at help@testingmom.com to change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”). For your convenience, we take your payment information so that your TestingMom.com membership will not be interrupted. We auto-renew your membership at the level you selected. Your TestingMom.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). To cancel, change or resign your subscription at any time, log onto TestingMom.com with your username and password, click the “My Account” tab at the top of the homepage, and follow the prompts to cancel. Alternatively, you may terminate your membership and/or subscription by contacting us at help@testingmom.com. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY TESTINGMOM.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE TESTINGMOM.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT TESTINGMOM.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY TESTINGMOM.COM).

(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

(e) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that TestingMom.com is authorized to charge your Payment Method. TestingMom.com may submit those charges for payment and you will be responsible for such charges. This does not waive TestingMom.com’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

(f) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact help@testingmom.com.

13. Modifications to Service. TestingMom.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TestingMom.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Blocking of IP Addresses. In order to protect the integrity of the Services, TestingMom.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

15. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.

16. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Website and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York.

17. Copyright Policy. TestingMom.com prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

Legal Department, TestingMom.com,131 Varick Street, Suite 1029, New York, NY 10013 (tel.: (917) 510-3115).

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to TestingMom.com at the address shown above, giving a written statement that contains:

(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

(b) identification of the allegedly infringing material on the Site that is requested to be removed;

(c) your name, address, and daytime telephone number, and an e-mail address if available;

(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

(f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

TestingMom.com will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

18. Indemnity by You. You agree to indemnify and hold TestingMom.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees arising out of or related to your use of the Service and/or Website in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above.

19. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

20. Other. In the event that TestingMom.com is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for TestingMom.com’s attorneys’ fees and costs. This Agreement contains the entire agreement between you and TestingMom.com regarding the use of the Website and/or the Service.

21. Availability Outside the U.S.

If you access TestingMom.com from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Website from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

22. Severability; Waiver

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, TestingMom.com’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect TestingMom.com’s ability to enforce such term at any point in the future.

23. Refunds

All TestingMom.com membership fees are non-refundable under any circumstances. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that TestingMom.com may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. All fees paid to TestingMom.com are non-refundable.

Please contact us with any questions regarding this agreement. TestingMom.com is a trademark of TestingMom.com, L.L.C.

 

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