“Important: These Terms Of Use Form A Binding Contract Between You And Us When Accepted By You. You Accept These Terms Of Use By (1) Accessing Or Using The Website, (2) Indicating Acceptance Of These Terms When They Are Presented Online, Such As By Checking A Box Captioned With Acceptance Language Or Clicking An Icon Bearing An “accept” Or Similar Legend Or By Otherwise Electronically Signing This Agreement; Or (3) Exercising Or Purporting To Exercise Any Of The Rights Granted To You Under These Terms Of Use. The Individual Accepting This Agreement On Behalf Of An Entity Represents That He Or She Has Authority To Represent The Entity And Commit Funds On Its Behalf. If You Do Not Agree To These Terms Of Use, You May Not Use The Website.”
The following terms and conditions, together with any referenced documents (collectively, “Terms of Use”) are a legal agreement between you and your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and BestExamGuides, Inc. if your domicile is within the USA, Canada or Mexico. If your domicile is within any other country (“BestExamGuides,” “we,” “us” and “our”). The Terms of Use apply to BestExamGuides’s Website (as defined below).
The term “Website” means BestExamGuides public websites, including without limitation those found at the following URLs: www.BestExamGuides.com; community.BestExamGuides.com; knowledge.BestExamGuides.com; demochannel.BestExamGuides.com; wiki.BestExamGuides.com; share.BestExamGuides.com; partners.BestExamGuides.com; store.BestExamGuides.com; publisher.BestExamGuides.com; and developer.BestExamGuides.com. The term “Website” does not include the BestExamGuides Products (as defined below) regardless of the domain name used to access such BestExamGuides Products.
The Website provides several types of resources, including one or more of the following: areas to interact with the Website and the user community such as message boards, chat rooms, forums, bulletin boards, training modules, user ratings, user reviews, and other related interactive and social features (collectively, the “Community Services”); information, software, text, displays, images, video, audio recordings, and user interfaces included in or generated by the Website, and the design, selection and arrangement thereof, except that provided expressly and conspicuously under a third party license (collectively, the “Website Content”); product specifications and product documentation (collectively, “Documentation”); software such as application program interfaces, update sets, development tools, code snippets and sample code, not including Apps (defined below), published by BestExamGuides to permit customization and configuration of BestExamGuides Products (collectively, “Development Tools”); and non production instances of the BestExamGuides Products (“Non Production Instances”). Your right to use of the Website, including Community Services, Website Content, Documentation, Development Tools and Non Production Instances, is subject to and conditioned on your acceptance of these Terms of Use.
We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Changes to the dispute resolution procedures set forth in the section titled Governing Law and Jurisdiction shall not apply to disputes for which the parties had actual notice as of the date the change was posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. When accepted by you, the revised Terms of Use automatically revoke any license or other rights that we granted to you under the prior version.
Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must exit the Website.
You and other third party users of the Website may be permitted to post, submit, contribute, publish, display, make a available or transmit to others (hereinafter, “post“) content, materials or hosted applications (collectively, “User Contributions” and together with contributions officially posted by BestExamGuides, “Contributions”) on or through the Website. Posting permits our customers, partners, developers, prospective customers, employees and other interested parties to share information, exchange ideas, expertise and experience, ask questions, provide solutions, share technology advances and obtain product information. To foster a vibrant, thriving, and friendly community, we may enforce standards for appropriate content and prohibit uses antithetical to the intended community environment. User Contributions are considered non confidential and non proprietary, and you hereby grant to BestExamGuides a perpetual, irrevocable, royalty free, fully paid, sublicensable, transferable, non exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Contributions that you post for any purpose. We are under no obligation to post or use any User Contributions, and reserve the right to edit or remove User Contributions that violate these Terms of Use in our sole discretion.
To the extent you have purchased support rights under your Subscription Agreement, do not use Community Services for the escalation of support issues. Contact BestExamGuides Support as provided in your Subscription Agreement.
You are solely responsible for any User Contribution that you post, including its legality, reliability, accuracy and appropriateness. BestExamGuides is not responsible for (and has no liability with respect to) any User Contribution. You represent and warrant that you own or control all rights in and to the User Contributions that you post and have the right to grant BestExamGuides and its affiliates the license granted above. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold BestExamGuides and its affiliates and licensors harmless for any breach of that representation and warranty. Opinions expressed in User Contributions are those of the party posting the User Contribution and do not necessarily reflect the opinion of BestExamGuides.
You agree to comply with the following code of conduct in your use of the Website:
Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
Respect your audience. Posts should not upset, annoy, threaten, harass, abuse or embarrass other members.
User Contributions may not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Lively and collegial discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
Do not use text formats such as all caps or bold that may be read as annoying, rude or send a strong message.
Avoid using abbreviations or terminology that others may not understand. An abbreviation may mean something to you but in another context or country, it may have another meaning.
Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours.
You may not post Apps to the Store site unless you have entered into BestExamGuides’s Technology Partner Program pursuant to a separate written agreement. Such separate agreement shall control over these Terms of Use with respect to your use of the Store to the extent that these Terms of Use are in conflict with the separate agreement.
Several types of Apps may be posted to Store and Share:
“Shared App” means any App provided free of charge on the Share site. Shared Apps may be downloaded or hosted by BestExamGuides in connection with the recipient’s BestExamGuides Products. You may not offer paid Apps for subscription or sale on the Share site.
“Conditional Shared App” means any Shared App for which a user must agree to additional or different terms and conditions (“App Conditions”) as a condition to download or access the App.
“Store App” means an App posted to the Store site that is available for a fee or free of charge, and subject to App Conditions.
A “BestExamGuides App” shall mean an App posted by any employee, agent or contractor acting on behalf of BestExamGuides, and may be a BestExamGuides Shared App, BestExamGuides Conditional Shared App or BestExamGuides Store App.
All Shared Apps and Conditional Shared Apps posted to Share, and Store Apps posted to Store, are subject to the terms of Section 5 (Posting Apps).
Payments and Subscription Term. On the Store site, you may place a non cancellable and non refundable (except as expressly set forth herein) order to purchase access to a Store App by clicking the “purchase” button associated with that App on Store. Prices stated on Store, including discounts, are final. Except as expressly set forth in the description of a particular Store App, fees for Store Apps are invoiced at the time you place your order. Each Store App is purchased for a term of twelve (12) months, provided that you have a valid paid subscription to the BestExamGuides Product(s) required to use the Store App throughout that period. In the event that your subscription to any BestExamGuides Product required to use the Store App expires, you may not use the Store App until such use rights are reinstated. Your payment obligation provided in this section shall survive expiration or termination of your rights to use any BestExamGuides Product required to use the Store App. Purchase of a Store App is a continuous and non divisible commitment for the full duration of its subscription term regardless of the invoice schedule. You may cancel your subscription upon expiration of any Store App subscription term. BestExamGuides will provide advance notice of each renewal date to the contact information provided by you. Unless you cancel your subscription, Store Apps will automatically renew upon the expiration of each subscription term.
Payments by Credit Card. For purchases by credit card, payment and invoice shall be due upon purchase of the Store App. The credit card you provide for billing purposes will be billed on a monthly basis during the subscription term of the Store App and on any subsequent automatic renewal subscription terms.
Purchases by Invoice. For purchases by invoice, all payments shall be due net thirty (30) days from the date of BestExamGuides’s invoice, and payments shall be invoiced and made in the currency provided in the invoice. You may issue a purchase order consistent with these Terms of Use, but a purchase order is not required. If you issue a purchase order, then it shall be for the full amount of the purchase as provided on Store, and any additional or conflicting terms appearing in a purchase order shall not amend this Agreement.
Late Payments. Late payments shall accrue interest at a rate of one and one half percent (1.5%) per month or the legal maximum interest rate, whichever is lower. If you are delinquent in payment of amounts owed hereunder, BestExamGuides may give notice to you of such delinquency, following which you shall cure the delinquency within thirty (30) days from the date of BestExamGuides’s written notice. If you fail to cure the delinquency or regain compliance in accordance with the paragraph below, BestExamGuides may suspend your access to the Store App in addition to other rights and remedies available.
Overuse. BestExamGuides may remotely review your use of the Store App for comparison with your rights of use, and upon BestExamGuides’s written request you shall provide any reasonable assistance to verify your compliance with these Terms of Use. If BestExamGuides determines that you have exceeded your permitted use of the Store App then BestExamGuides will notify you and within thirty (30) days thereafter you shall either: (a) disable any unpermitted use or (b) purchase additional subscriptions commensurate with your actual use.
Taxes. All prices on Store are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments including sales and use taxes, value added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). You shall be responsible for and bear Taxes associated with your purchase of, payment for, access to or use of any Store App accessible to you. Taxes shall not be deducted from the payments to us, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, we receive and retain (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. Each party is responsible for and shall bear taxes imposed on its net income. If you are or represent a tax exempt entity or claim exemption from any Taxes under these Terms of Use, you shall provide a tax exemption number and a certificate to us prior to your purchase and, after receipt of valid evidence of exemption, BestExamGuides shall not charge you any Taxes from which you are exempt. If we are required to invoice or collect Taxes associated with your purchase of, payment for, access to or use of the Store App, we will issue an invoice to you including the amount of those Taxes, itemized where required by law. You shall provide to us your VAT or GST identification number(s) for (i) the country where you have established your business and/or (ii) any other country where you have a fixed establishment. You shall use the ordered Store App for your business use in the foregoing location(s) in accordance with the provided VAT or GST identification number(s). The parties’ obligations under this Section shall survive the termination or expiration of these Terms of Use.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. For the avoidance of doubt, these Terms of Use do not supersede any Subscription Agreement or other agreement pursuant to which you have been granted the right to use or access a BestExamGuides Product, except to the extent that these Terms of Use provide that Apps or other Website Content are not subject to warranty or entitled to support, service credits, refunds, or other service entitlements under a Subscription Agreement.