Signed in as:
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Signed in as:
filler@godaddy.com
APS&EE, LLC dba Acethetest (“Acethetest”) provides Spanish practice tests, Spanish-learning materials and/or educational services commensurate with applicable academic levels of Spanish ("Acethetest content") for the purpose of helping purchasers and their students practice the Spanish language.
You have accepted these Terms of Use, which govern your use of our service and/or content.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH ACETHETEST (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1. Acethetest Content
1.1. You must be at least 18 years of age to purchase Acethetest content. Individuals under the age of 18 may only utilize Acethetest content with the involvement or direction of a parent, legal guardian, teacher, principal, tutor, or other academic professional, under such person's purchase of Acethetest content and otherwise subject to these Terms of Use.
1.2. The Acethetest content is for your personal, educational, and non-commercial use only and may not be shared with individuals beyond your household. From your purchase of Acethetest content, we grant you a limited, non-exclusive, non-transferable right to download the Acethetest content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Acethetest content for public performances.
1.3. You agree to use the Acethetest content, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the content therein. Except as explicitly authorized in these Terms of Use, you agree not to reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Acethetest content. You also agree not use any robot, spider, scraper or other automated means to access the Acethetest content; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Acethetest content; insert any code or product or manipulate the Acethetest content in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Acethetest content, including any software viruses or any other computer code, files or programs.
2. Promotional Offers. We may from time to time offer special promotional offers, (“Offers”). Offer eligibility is determined by Acethetest at its sole discretion and we reserve the right to revoke an Offer.
3. Payment Methods. To use the Acethetest content you must provide one or more Payment Methods. You authorize us to charge any Payment Method that you provide. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
4. Changes to the Price and Content. We reserve the right to change Acethetest content or adjust pricing or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
5. No Refunds. Payments are nonrefundable and there are no refunds or credits whatsoever.
6. Disclaimers of Warranties and Limitations on Liability
6.1. THE ACETHETEST CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, IF ANY, AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT TAKE RESPONSIBILITY FOR THE FAILURE OF ANY STUDENT TO SUCCESSFULLY LEARN SPANISH, NOR DO WE WARRANT THE SUCCESSFUL PERFORMANCE OF ANY STUDENT THAT USES OR HAS USED ACETHETEST CONTENT.
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ACETHETEST, OR ITS PARENTS, SUBSIDIARIES, OR ANY OF THEIR SHAREHOLDERS, PROPRIETORS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
7. Arbitration Agreement
7.1. You and Acethetest agree that any dispute, claim or controversy arising out of or relating in any way to the Acethetest service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court in Orange County, California. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Acethetest are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Acethetest membership.
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Acethetest by certified mail to the address provided on the Acethetest website. If Acethetest initiates arbitration, it will send a written Notice to the email or physical address provided at the time of your purchase. A Notice, whether sent by you or by Acethetest, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Acethetest and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Acethetest may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
7.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Acethetest and you agree otherwise, any arbitration or small claims hearings will take place in Orange County, California. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
7.5. YOU AND ACETHETEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Acethetest agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
8. Miscellaneous
8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions.
8.2. Unsolicited Materials. Acethetest does not accept unsolicited materials or ideas for Acethetest content, and is not responsible for the similarity of any of its content to materials or ideas transmitted to Acethetest. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Acethetest and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
8.3. Feedback. Acethetest is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Acethetest website, including our user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Acethetest content. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
8.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8.5. Changes to Terms of Use and Assignment. Acethetest may, from time to time, change these Terms of Use. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Acethetest content.
8.6. Communication Preferences. We will send you information relating to your purchase (e.g. payment authorizations, invoices confirmation messages, notices) in electronic form only, for example via emails to your email address provided at purchase. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Ace the Test
AP® IS A TRADEMARK REGISTERED BY THE COLLEGE BOARD,
WHICH IS NOT AFFILIATED WITH, AND DOES NOT ENDORSE, THIS WEBSITE.
Copyright © APS&EE
3334 E. Coast Hwy. #514, Corona del Mar, CA 92625
(Tel) 949.715.7885 (fax) 949.715.7886
All Rights Reserved.
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