Terms of Use

    TESTINGMOM.COM TERMS OF USE AGREEMENT

    View our privacy policy here.

    ACCESSIBILITY — IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE SITE, PLEASE CONTACT US TOLL FREE AT 877-609-6203 DURING OUR HOURS OF OPERATION, WHICH ARE AS FOLLOWS: Mon – Thurs: 9am to 6pm ET; Fri: 9am to 5pm ET; Sat: 9am to 5pm ET; Sun: 1pm to 6pm ET.

    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. If we materially change the Agreement, we will notify you through a notice on the Website or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective. All changes are effective when we post them. 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. Accordingly, when you access or use the Website, you should check the date of the Agreement and be aware of any changes since the last version.

    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. FOR EXAMPLE, THE ARBITRATION SECTION BELOW CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT THE PARTIES MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

    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 and most up to date operating system for your 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. You must be at least eighteen (18) years of age in order to access or use the Website. By using the Website, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) your use of the Website does not violate any applicable law, rule or regulation; (e) you have the right, authority and capacity to enter into this Agreement; (f) you are located inside the U.S. or are located outside the EU and agree to be bound by U.S. laws; and (g) you agree to abide by all of the terms and conditions of this Agreement. Use of and access to the Website is void where prohibited.
    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 incorporated by reference herein and 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. Lifetime and Family Memberships. On occasion, TestingMom.com may offer Lifetime Memberships for a one-time payment. The Lifetime Membership is for one household only and is not transferable to any other person or household. Lifetime Membership equates to ten consecutive years of access to the Testing Mom online program. The student’s lifetime from pre-K to 8th grade is 10 years. After 10 years, the lifetime membership will automatically be canceled and no refunds issued. In the event TestingMom.com is acquired or sold to another entity, the company has the right to terminate the Lifetime Membership access with a 30 day notice via email to the customer. In the unforeseen event that TestingMom.com is no longer in business, the customer will automatically forfeit their Lifetime Membership. The customer will not receive any refunds for the Lifetime Membership in the aforementioned scenarios or under any other circumstances. The Lifetime Membership does not include any other services we offer such as one-on-one online tutoring, in person tutoring, live small group online classes, Testing Mom Amazon products or any other add-on products/services not included in the online membership. From time to time, TestingMom.com offers tutoring sessions or group classes with a Lifetime Membership or other new membership purchase as a promotion. If the tutoring session/class(es) are canceled by the member for any reason or the member’s child is a no-show for the tutoring session/class(es), TestingMom.com reserves the right to no longer honor the tutoring session(s)/class(es) or the right to reschedule the tutoring session/class(es) for an additional fee paid for by the member. One TestingMom.com membership is designed to cover the whole family.  “Family” is defined as “up to 3 children within the same family unit” for membership purposes.
    5. Term; Cancellation. 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 550 N. Central Expressway #598, McKinney TX 75070.  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. You will not be entitled to any refund of unused subscription fees in the event of any termination or cancellation of your membership. 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.
    6. Non-commercial Use by Members. The Website (including Content accessible therein) 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 are not permitted to use the Service or the Website and Content 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 any Content on the Website or 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 and/or Content in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website (including Content accessible therein) may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunction redress. Use of the Website, Service and Content is with the permission of TestingMom.com, which may be revoked at any time, for any reason, in TestingMom.com’s sole discretion.
    7. 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.
    8. Limitation of Liability. To the greatest extent permitted by law, 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.

    To the greatest extent permitted by law, 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. TO THE GREATEST EXTENT PERMITTED BY LAW, 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.

    Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    1. 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® , InView™, Woodcock Johnson Tests of Achievement®, WPPSI™-III and IV, WISC®-IV, Otis-Lennon School Ability Test® (OLSAT®), Bracken™ (BSRA™), Cognitive Abilities Test® (CogAT®), Canadian Cognitive Abilities Test™ (CCAT™), Cognitive Abilities Test®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, Cognitive Abilities Test – Fourth Edition™ (CAT4™), NWEA™ (Northwest Evaluation Association) and MAP® (Measures of Academic Progress), Naglieri General Ability Test™ (NGAT™), iReady Diagnostic®, ISAAD™ (Independent Schools Admission Association of Dallas™), Renaissance Star® and Renaissance Star Early Literacy® 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.

    (b) 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.

    1. 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.
    2. 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.
    3. Customer Service.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. We reserve the right to record any phone calls with our customer care representatives.
    4. 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. You will not be eligible for a 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.

    1. Modifications to Service.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.
    2. 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.
    3. Use of the Website and/or the Service is also governed by our Privacy Policy [INSERT AS HYPERLINK].
    4. 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 Texas, without regard to its conflict of law provisions, and for any disputes not subject to arbitration (as provided below), if any, you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Collin, in the State of Texas, 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 Texas with the same force and effect as if such service had been made within the State of Texas. 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.
    5. Arbitration Provision/No Class Action.

    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. USE OR ACCESSING THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION.

    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 (except for matters that may be taken to small claims court, and matters constituting illegal and/or unauthorized use of the Website, Service, and/or Content, as set forth in paragraph 6), 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. The party filing arbitration must submit Claims to the American Arbitration Association (or other mutually agreeable organization) and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held in the County of Collin, in the State of Texas or at a place agreed upon by TestingMom.com, and the arbitrator shall apply Texas law consistent with the Federal Arbitration Act.  You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at www.adr.org. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association, 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. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by you or us. The arbitrator’s award is final and binding on the parties. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Texas, County of Collin, or the United States District Court for Collin county. 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 Texas, County of Collin, or the United States District Court for the county of Collin, Texas.

    We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

    AS NOTED ABOVE, YOU AND TESTINGMOM.COM HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

     

    1. 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, 550 N. Central Expressway #598, McKinney TX 75070 (tel.: 877-609-6203)

    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.

    1. 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.

    Without limiting the foregoing, if you provide access to or share or disclose the Content or your login credentials to your Website account with any third party in violation of this Agreement, you agree that: (i) you will be responsible for any and all acts and omissions of such third party in connection with their access to or use of the Content, Website, and/or Service, including their compliance with this Agreement, and any breach of this Agreement by such third party shall be deemed a breach by you; and (ii) on behalf of yourself, and any such third party, you hereby release, indemnify, discharge, hold harmless and covenant not to sue Testingmom.com, its subsidiaries, affiliates, officers, agents, and other partners and employees for any and all claims, liabilities, suits, demands, costs (including without limitation, attorneys’ fees), expenses and causes of action of any kind whatsoever arising from or in connection with the third party’s use of the Content, Website, and/or the Service.

    1. 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.
    2. 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.
    3. 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.
    4. 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 and the invalid provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. 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.
    5. 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.

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