Terms of Service
Please read the following important Terms of Service Agreement before accessing or using any of the services (the "Services") made available to you (the "Member") by Examgen Inc. This Service is provided by Examgen Inc. (“Examgen”) an Educational Publishing and Software Company. Examgen provides the Services of Examgen Online subject to the following Terms of Service ("TOS"), which can be updated without notice. You can review the most current TOS at www.Examgenonline.com. By accessing, browsing, and using Examgen Online, you accept, without limitation or qualification, these TOS. If you do not wish to be bound by these TOS, you may not access or use the Examgen Services.
1. Examgen Services
Examgen Online is an exam creation Service for teachers to construct Portable Document Format (PDF) tests to be downloaded, printed, photocopied and administered to their students in a classroom setting. Examgen Online is a World Wide Web Application.
Examgen may add additional features to the current Examgen Online Services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOS. In order to use the Services, you must obtain 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 provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand and agree that the Examgen Online Services may include advertisements that are necessary for Examgen to provide its Services. You also understand and agree that the Examgen Online Services may include certain communications from Examgen, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.
Our website records IP addresses from all visitors to our site. An IP address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, to administer our site, to analyze trends, to track user movement, and to gather aggregate information for statistics and general marketplace information about Examgen Online.
Our website collects non-personal data, which we use to improve site functionality, including the recognition of logged-in users and the secure passing of shopping cart information. In order to identify customers as they proceed through the checkout process, our website also uses “cookies.” These “cookies” are used exclusively for security purposes and for identifying visitors while on the Examgen Online website.
3. Registration Obligations
In consideration of your use of the Services of Examgen Online, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update user information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Examgen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Examgen has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof. To use the Services, you will need to register through the Examgen Online website and obtain an account with a username and password. The information you provide Examgen during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account username and password. Furthermore, you are responsible for all activities associated with your account. You must immediately notify Examgen of any unauthorized use of your account. Examgen cannot and will not be responsible for any loss or damage arising from your failure to comply with this section. You may not transfer your account to another person. If it is believed that your account is being used by other users and Examgen has reasonable grounds to suspect this then Examgen has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.
4. Examgen Copyright
You acknowledge that Examgen websites and any underlying technology used in connection with www.Examgenonline.com, or the Examgen websites and Services, and all software, material, information, communications, text, graphics, links, electronic art, photos, and other data (collectively, the "Content") available within the Examgen websites are provided by Examgen and are the copyrighted works of Examgen. Except as expressly authorized by Examgen in this TOS, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Examgen in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server. You may download and print a reasonable number of copies of Content for noncommercial, personal or educational use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to Examgen and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by Examgen. You acknowledge that Examgen remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
YOU AGREE THAT YOUR ACCESS TO THE EXAMGEN WEBSITES, INCLUDING EXAMGEN ONLINE, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER EXAMGEN, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXAMGEN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. EXAMGEN SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL EXAMGEN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF EXAMGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS EXAMGEN WEBSITES OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EXAMGEN'S RECORDS, PROGRAMS, OR SERVICES.
You agree to indemnify and hold Examgen, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the TOS.
7. Trademark Notice
Examgen Inc., the Examgen logo, the Examgen Online logo, other Examgen corporation logos and product and service names and Examgen Online Services are trademarks of Examgen Inc.
8. Modifications to the Service
Examgen reserves the right at any time to modify or discontinue, temporarily or permanently, the Examgen websites, Examgen Online Services (or any part thereof) with or without notice. You agree that Examgen will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You may discontinue your participation in and access to the Services after the agreed upon term has been satisfied. The TOS will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that Examgen and its affiliates may terminate or block your use of all or part of the Services and Examgen websites without prior notice for any reason, including, without limitation, if Examgen believes you have engaged in conduct prohibited by this TOS. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to the Examgen websites and use of the Services.
By accessing the Examgen websites, you agree to the above stated TOS. This Agreement is entered into in the State of New York and shall be construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this TOS submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOS, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOS shall otherwise remain in full force and effect. This TOS and any posted guidelines or rules applicable to certain services within Examgen Online constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TOS to support@Examgen.com.