This page outlines the Terms of Service (hereafter the "Agreement") under which the ExamCorp Inc. ("Company" or "we") services and the selfauthoring.com Web Site (hereafter the "Site") are provided to you. For the purposes of this Agreement, the term "Self Authoring" shall include the Self Authoring series of web applications (hereafter each an "Application" and collectively the "Applications"), the parent company ExamCorp Inc., their officers, agents, vendors, employees, and affiliates, and any related services and resources available or enabled via the Site or Applications (hereafter each a "Service" and collectively the "Services").
Please read this Agreement carefully. By accessing, browsing, or using this Site, paying for or using the Services or Applications, and/or completing the registration process, you represent that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with the Company, and (3) you have the authority to enter into the Agreement personally or on behalf of the company you have named as the user, and to bind that company to this Agreement. The term "you" refers to the individual or legal entity, as applicable, identified as the user when you registered on the Site. If you are unwilling to be bound by all the terms and conditions of this Agreement, then you may not access the Site or use any Services.
Please note that this Agreement is subject to change by the Company in its sole discretion at any time. When changes are made, the Company will make a new copy of the Agreement available at the Site. We will also update the "Last Updated" date at the top of the Agreement. Any changes to this Agreement will be effective immediately. Please regularly visit this page to review the then-current Agreement, as it is binding upon you.
INTELLECTUAL PROPERTY RIGHTS
The Site, the Services, and the Application, as well as all information and content on the Site and in the Application (including but not limited to text, graphics, images, logos, buttons, icons, software, and other materials, hereafter "Content") is the sole property of Self Authoring and/or ExamCorp Inc., and is protected by U.S. and Canadian copyright laws, as well as international treaties. Subject to the terms of this Agreement, Self Authoring grants you the non-transferable, non-exclusive, non-sublicensable, revocable license to access and use the Service, and reproduce portions of the Content on the Site, solely for your own personal non- commercial use. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You must retain all copyright, trademark, service mark, and other proprietary notices contained in the Content on any copy you make of the Content. You may not reproduce, modify, adapt, merge, make derivative works of, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Self Authoring Web pages. Additionally, attempting to decipher, recompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Site or Services is expressly prohibited.
Self Authoring designs, logos, and certain other names or logos are service marks or trademarks of ExamCorp Inc. and all related product and service names, design marks, and slogans are the service marks or trademarks of ExamCorp Inc. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design, and other graphical elements) are also protected by ExamCorp Inc. trademarks, service marks, and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
ACCEPTABLE USE OF THE SITE
The Site and its Services are intended solely for individuals to engage in writing exercises about their past, present, and future. The Site may be used only for lawful purposes within this stated context of Self Authoring’s intended and acceptable use. Self Authoring holds the sole and exclusive right to interpret the meaning and definition of "acceptable use".
As one of the conditions of your use of the Site and Service, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with this Agreement.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of a system or network or the breach security or authentication measures without proper authorization;
(c) monitoring of data or traffic on a System without permission;
(d) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing", or "crashing";
(e) sending unsolicited e-mail, including promotions and/or advertising of products or services;
(f) forging TCP-IP packet headers or any part of the header information in any e-mail or newsgroup posting;
(g) making network connections to any users, hosts, or networks unless you have permission to communicate with them;
(h) monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled;
(i) operating network services like open proxies, open mail relays, or open recursive domain name servers;
(j) using physical or electronic means to avoid any use limitations placed on any System, such as access and storage restrictions;
Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, or taking any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure is expressly prohibited.
Violations of these Security Rules may result in civil or criminal liability. Self Authoring will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your information, username, and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Self Authoring of any unauthorized use of your registration information, username, or password.
By using the Services, you agree to defend, indemnify, and hold Self Authoring harmless from and against any claims, actions, demands, losses, costs, liabilities, and expenses, including without limitation reasonable legal and accounting fees, alleging or resulting from:
(a) this Agreement;
(b) your breach of this Agreement;
(c) your use of, or inability to use the Site and Services;
(d) the provision by you of any Content to the Site or other 3 rd party web sites;
(e) any agency relationship;
(f) your violation of any applicable laws, rules, or regulations;
Self Authoring shall provide notice to you promptly of any such claim, suit, or proceeding, and shall assist you at your expense in their defense. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Self Authoring.
RELEASE AND LIMITATIONS OF LIABILITY
You understand and agree that in no event shall Self Authoring and ExamCorp Inc. be liable for any claims, demands, and damages (actual, indirect, incidental, special, exemplary, and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement or any agency relationship.
In no event shall the Services and Site be liable for any damages whatsoever, including, without limitation, any damages resulting from loss of use, data, profits, income, employment opportunities, or business interruption, or damages for personal or bodily injury or emotional distress arising out of or in connection with this Agreement, or from any communications, interactions, or meetings with other users of Self Authoring, on any theory of liability, resulting from: (a) the use or access to or inability to use or access Self Authoring; (b) unauthorized access to or alteration of your transmissions or data; or (c) any other matter related to Self Authoring, whether based on warranty, copyright, contract, tort (including negligence), product liability, or any other legal theory.
Certain jurisdictions do not allow the exclusion of limitation of certain damages. If this exclusion or limitation of liability is held inapplicable or unenforceable for any reason, then the Services and Site maximum liability for any type of damages shall not exceed the amount paid by you for the Services provided hereunder.
Self Authoring does not warrant that its Site or Services will operate error-free, or that the Site or its servers are free of computer viruses or other harmful mechanisms. If your use of the Site or the Content results in the need for servicing or replacing equipment or data, Self Authoring is not responsible for those costs.
You assume full responsibility and risk for use of this Site and the internet in general. The Site and Content are provided on an "as is" basis without any warranties of any kind. Self Authoring, to the fullest extent permitted by law, disclaims all warranties, whether express of implied, including the warranty of merchantability, fitness for a particular purpose, and non- infringement. Self Authoring makes no warranties about the accuracy, reliability, completeness, or timeliness of the Content, Services, software, text, graphics, and links.
International Access: ExamCorp Inc. is based in Florida, USA. Self Authoring makes no claims that the Content of its Site is appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Severability: 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.
Equitable Relief: You understand and agree that due to the nature of this Agreement, in addition to money damages, Self Authoring will be entitled to equitable relief upon breach of this Agreement by you.
Force Majeure: Self Authoring shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Governing Law: This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Florida, USA.
Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License, or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors, and assigns, and supersedes any and all prior understanding, statements, or representations, whether electronic, oral, or written, regarding Self Authoring, the Site, or Services.