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Terms of Use

Terms of Use
Last Updated: October 18, 2019

 

Please read the following Terms of Use Agreement (“Agreement”) carefully, it applies to your use of the content, services, and products available through the website located at www.securitiesexam.com, including any subdomains (“Site”). The Site is the property of Securities Exam Preparation, Inc. (“Securities Exam”).

 

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.   IF YOU DO NOT AGREE, DO NOT USE THE SITE.

  1. Acceptance of Terms

1.1       Securities Exam makes the site available subject to this Agreement. Your access to and use of the Site and any materials obtained through the Site is conditioned upon your acceptance of and compliance with the terms of this Agreement.

1.2       If you have accepted this Agreement, for so long as you are in compliance with the terms herein, Securities Exam grants you a personal, revocable, non-exclusive, non-transferable, limited license to enter and use the Site.

  1. Acceptable Use

2.1       You agree to comply with all applicable federal, state, and local laws and regulations, and to comply with all applicable international treaties and agreements.

2.2       You are solely responsible for ensuring that your use of Securities Exam’s services is in conformance with applicable federal, state, and local laws and regulations. By using the services offered by Securities Exam, you warrant and represent that

  1. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
  2. You are not listed on any U.S. Government list of prohibited or restricted parties. 

2.3   Restrictions

  1. License, sell, rent, lease, assign, distribute, transmit, host, disclose, or otherwise commercially exploit the Software or make the Software available to any third party.
  2. Decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Software.
  3. Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software.
  4.   Remove, alter or obscure any proprietary notice, including any notice of copyright or trademark of Securities Exam or any other entity.
  5.   Use the Software for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
  6. Make the Software available over a network or other environment permitting access or use by multiple users at the same time.
  7. Use the Software for creating a product, service or software that is, directly or indirectly, competitive with in any way, and/or a substitute for any services, product or software offered by Securities Exam.
  8. Violate any applicable laws, rules or regulations in connection with use of the Software.

2.4 You further agree that you shall not:

  1. Attempt to obtain unauthorized access to any content or personal information on the Site. Unauthorized access includes but is not limited to, obtaining unlicensed access to instructional materials, obtaining Site usage statistics, accessing the personal information of other Site users, intercepting communications between the Site and other Site users or third-parties, gaining privileged access to the Site or its hosting environment, and accessing any other non-public content without license or permission.
  2. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site.
  3. Remove any copyright, trademark or other proprietary rights notice from the Site or from any content, services, or products available through the Site.
  4. Submit any content to the Site that is unlawful, infringes any third party’s legal rights, or is sufficient to give rise to legal action against you, Securities Exam, or a third party.

2.4       Violation of any of the foregoing acceptable use requirements automatically revokes the limited license granted in § 1.2.

  1. User Accounts

3.1       Accounts.  User accounts allow you to conveniently order goods and services, use online services provided through the Site, and review a list of your purchases.

3.2       Your Account.  If you use this Site and establish an account with Securities Exam, you are accepting full responsibility for keeping your user name and password confidential and for any misuse and/or expense that occurs as a result of any unauthorized use of this information.

3.3       Suspension/Termination.  Securities Exam reserves the right at its sole and absolute discretion to suspend or terminate user accounts.

3.4       Contingent Access.  Access to goods or services offered through the Site may be contingent upon the maintenance of a user account in good standing. Suspension or termination of a user account may revoke a user’s license to use goods or services.

  1. Copyright and Intellectual Property Rights

4.1       All copy, material, and software found on the Site is owned by either Securities Exam or its content suppliers and is protected by United States and international copyright law. None of this copy, material, and software may be reproduced without written permission by Securities Exam and/or its content suppliers.

  1. Modification of Terms

5.1       Securities Exam reserves the right to modify the Site and this Agreement at any time. When this Agreement is modified, the “last updated” date will be amended to reflect the most recent modification. Following modification of this Agreement, continued use of the Site constitutes acceptance of the new terms.

5.2       Termination

  1. Securities Exam retains authority to suspend or terminate this license. Securities Exam may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Further, if you fail to comply with any terms or conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Securities Exam.
  2. Use must cease following termination. Upon termination of this License, you shall cease all use of the Software.   

     6.  Disclaimer of Warranties

6.1       Information Accuracy. Securities Exam, its Affiliates, and Suppliers, have attempted to provide accurate information and educational material; however, we must rely on third parties in many cases and therefore cannot warrant that our products or product descriptions are free of errors. By using any of the products and/or services made available by Securities Exam you are hereby agreeing to be solely responsible for verifying the accuracy of any and all information and/or material found on Securities Exam’s Site and/or in its products and/or services. 

6.2       THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SECURITIES EXAM, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES PERTAINING TO THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. THESE DISCLAIMED WARRANTIES INCLUDE BUT ARE NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, RESULT, LACK OF VIRUSES, OR LACK OF NEGLIGENCE.

  1. Limitation of Liability

7.1       UNDER NO CIRCUMSTANCES SHALL SECURITIES EXAM OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE AND WHETHER SECURITIES EXAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING LIMITATION, SECURITIES EXAM’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF 1) THE NET AMOUNT YOU HAVE PAID TO SECURITIES EXAM FOR PRODUCTS OR SERVICES IN THE PAST 6 MONTHS, OR 2) $100.00.

7.2       Applicable law may restrict the extent to which liability may be limited. The parties agree that liability is to be limited to the extent permissible under the controlling law.

  1. Indemnification Acknowledgment

8.1       You agree to indemnify and hold Securities Exam, its predecessors, successors in interest, employees, agents, subsidiaries, affiliates, partners, suppliers and licensors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Securities Exam by any third party due to or arising out of or in connection with your use, misuse, infringement, or appropriation of any content on the Site.

  1. Shipping Policy

9.1       The cut off time for current day shipping is 12:00 Noon Pacific Standard Time.

9.2       For informational purposes only:

  1. Shipments originate in Washington, Idaho, Montana, or Connecticut.
  2. UPS and FedEx do not include the day of shipping or week-ends/holidays in calculation of shipping time.
  3. As an approximation, UPS “Ground” shipping to East Coast addresses is about 6 business days. 

9.3       If there is an error in the shipping amount stated on the Site, Securities Exam reserves the right to contact you by email or phone to inform you of the error and give you the opportunity to cancel your order or pay the “correct” amount as charged by the shipping company responsible for the order.

  1. Refund Policy

10.1     Authorization. Contact Securities Exam to obtain authorization to return materials. Unauthorized returns may be rejected at Securities Exam’s sole and absolute discretion. 

10.2     In General. Materials must be returned in their original packaging, unopened, within 10 days of receipt. Any refund will be for the amount charged for the training materials less a 10% administrative charge.

  1. Shipping charges are not refunded.
  2. Shipping charges are applied to refused shipments.

10.3     Physical Products.  The materials must be received in an unused resalable condition to qualify for a refund.

10.4     Electronic Products.  Electronic products may not be returned after they have been accessed.

10.5     Exchanges.  If you inadvertently ordered a hard copy or electronic version of a product and intended to order the product in an alternate format, contact Securities Exam.  We will gladly make an exchange if the product ordered has not been used or accessed, and will credit or debit your credit card for any difference in price between the versions. 

  1. Privacy Policy

11.1     Securities Exam’s Privacy Policy, available at https://www.securitiesexam.com/terms-and-conditions/privacy-policy/, is incorporated herein by reference. This policy explains how Securities Exam manages and protects information pertaining to Site users, transactions, and third parties.

  1. General

12.1     Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, illegal or in conflict with applicable law, that provision will be enforced to the maximum extent permissible and severable from the rest of this Agreement.  The remaining provisions of this Agreement will not be affected and will remain in full force and effect.

 12.2     Governing Law / Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without giving effect to the conflict of laws principles thereof.   Venue for any action regarding this Agreement, including arbitration, shall be in Spokane County, Washington.

12.3     Complete Agreement.

  1. General Use. If you are accessing the Site or ordering goods or services from the Site that does not require an End User License Agreement (EULA), this Agreement, including the incorporated Privacy Policy, constitutes the complete agreement between the parties with respect to access to the Site, the shipment and return of goods, the issuance of refunds, disputes arising out of use of the Site or goods obtained through the Site, and other matters pertaining to use of the Site or goods obtained through the Site.
  2. Product Licensing. For goods or services licensed through an EULA (End User Licensing Agreement) and obtained from Securities Exam
    1. If the EULA is between you and Securities Exam, the EULA, this Agreement, and the incorporated Privacy Policy constitute the complete agreement between the parties with respect to access to the Site, the licensing, shipment and return of goods, the issuance of refunds, disputes arising out of use of the Site and/or goods obtained through the Site, and other matters pertaining to the use of the Site, goods obtained through the Site, and/or the licensed goods or services.
    2. If the EULA is between you and a third party licensor, this Agreement and the incorporated Privacy Policy, constitute the complete agreement between you and Securities Exam with respect to the access to the Site, the licensing, shipment and return of goods, the issuance of refunds, disputes arising out of use of the Site and/or goods obtained through the Site, and other matters pertaining to the use of the Site, goods obtained through the Site, and/or licensed goods or services. Please exercise care to familiarize yourself with the terms and obligations arising out of any EULA, Privacy Policy, or other agreements you have entered into with a third party licensor.
  3. The complete agreement supersedes all prior or contemporaneous agreements or understandings whether oral or written with respect to the subject matter thereof. You agree that any varying or additional terms contained in any purchase order or written notification or document issued by you in relation to the agreement shall be of no effect.

 12.4     Non-Waiver.  The failure or delay of Securities Exam to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.

 12.5     Trademark Rights.  Any registered or unregistered marks or trade dress designating Securities Exam and/or its Subsidiaries, Affiliates, Partners and/or Licensors as the source of goods and services are trademarks. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademarks, trade dress, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels presented on or in association with the Site. Further, this Agreement does not authorize you to use any trademarks, trade dress, trade names, product names, logos, or other proprietary notices, legends, symbols, or labels presented on or in association with the Site.

12.6     Binding Effect.  This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors, assigns, officers, directors, shareholders, employees and agents.

 12.7     Arbitration.  Any controversy arising out of this Agreement or the use of the Site shall be submitted to binding arbitration.  Each party shall, within ten (10) days after the controversy is submitted for arbitration by either party, appoint one disinterested individual, and the persons so appointed shall, if they are unable to arrive at a decision within a period of ten (10) days, appoint a third arbitrator.  The Board shall then determine the matter in dispute within another ten (10) days.  Such determination shall be final and binding upon the parties hereto, their respective heirs, executors and assigns.  The judgment on the arbitration award shall be entered in the court having jurisdiction thereof in accordance with the provisions of the Revised Code of Washington §7.04A.

 12.8     Waiver of Jury Trial.  YOU HEREBY WAIVE ALL RIGHTS AND/OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS AGREEMENT.

 12.9     Attorneys’ Fees.  In the event Securities Exam, its Subsidiaries, Affiliates, Partners, Successors, Assigns and/or Licensors, shall prevail in any action, including an action in arbitration, to enforce and/or defend its/their rights under this Agreement, intellectual property rights, or any other rights relating to this Agreement, it/they shall be entitled to recover attorneys’ fees and costs.

12.10  Electronic Communications.  You agree that any/all electronic communications between you and Securities Exam will constitute a communication “in writing” as may be required by law. Postings on the Site shall also act as electronic communications and suffice as a communication “in writing.”

12.11  Other Businesses.  Parties other than Securities Exam may offer some of the same products offered on the Site. Securities Exam does not assume any responsibility or liability for the warranties expressed or implied, promises made, actions taken, or prices and/or services offered by those parties regarding the content of their websites, products sold through them, or services rendered by them.

  1. Contact Us

13.1     If you have any questions about the Site or Terms of Use, please contact us using the form on the Site, available at https://www.securitiesexam.com/contact-us/, or call (509) 891-7535.