Fuse logo
 
 
Terms and Conditions/User Agreement
Last Updated September 22, 2019

Welcome to Examiam ("Examiam" or "we" or "us"). This page contains the terms and conditions ("Terms") for (this "Website").

By accessing this Website, you are agreeing to be bound by and responsible for compliance with these Terms, all applicable laws and regulations. We reserve the right to change these Terms at any time and will make the most recent version available on the Website. By using this Website and continuing to use the Website after any modifications, you agree to the terms and to be bound by any such changes.

Personal Use Only

This Website is for your personal use only. Commercial use of the Website or of any Website content is prohibited without express written permission from Examiam, LLC.

Use of Website

Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Examiam, LLC's web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Notwithstanding the foregoing, You are free to save your test results. Material on this website must not otherwise be reproduced or republished, either online or offline, without our permission.

Payment Terms

If you purchase any of our paid services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription.

Refund Terms

Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. An exception we may consider is providing a refund when we've updated your payment information and there are good reasons to believe that you did not intend for an update to be made. Also, under the laws applicable in your jurisdiction, You may qualify for a refund if requested during a short period of time after the beginning of the subscription.

Copyrights

All content, applications, digital downloads, data compilations on the Website and all text, photographs, graphics, video and audio included in them ("Website Materials") are the property of or licensed to Examiam. The Website contains material that is protected by copyright, trademark, or other intellectual property rights, and the Website itself is protected as a collective work under the copyright laws of the United States and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Website Materials.

Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Website are the registered and unregistered Trademarks of Examiam and of Examiam's licensors. You may not use the Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Website without express, written consent by Examiam. You may not use metatags or any other "hidden text" that incorporates the Examiam Trademarks or our name without our express written consent.

DISCLAIMERS; LIMITATIONS ON LIABILITY

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL INFORMATION ON THE WEBSITE AND/OR INCLUDED IN E-MAILS DISTRIBUTED TO YOU BY US IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL EXAMIAM BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Revisions and Errata

The materials appearing on Examiam, LLC's web site could include technical, typographical, or photographic errors. Examiam, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Examiam, LLC may make changes to the materials contained on its web site at any time without notice. Examiam, LLC does not, however, make any commitment to update the materials.

Linked Website

We do not endorse and are not responsible for the availability or content of other services that may be linked to our Website.

Waiver of Jury Trial

The parties hereby irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms and Conditions.

Choice of Law and Forum

Any dispute between us arising from or related to these Terms and Conditions will be governed by Massachusetts law and the exclusive forum for disputes arising from or related to this agreement shall be the Commonwealth and federal courts of Massachusetts.

Severability

If any provision of this Agreement is ruled unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable.

McGraw-Hill Education – User License Agreement

(Where applicable)

  1. The Content is a copyrighted work of McGraw-Hill and McGraw-Hill reserves all rights in and to the Content. The Work is © 2016 by McGraw-Hill Education.
  2. The user is receiving only a limited right to use the Content for user's own internal or personal use. The user may not reproduce, forward, modify, create derivative works based upon, transmit, distribute, disseminate, sell, publish or sublicense the Content or in any way commingle the Content with other third party content, without McGraw-Hill's consent.
  3. THE MCGRAW-HILL CONTENT IS PROVIDED ON AN "AS IS" BASIS. NEITHER MCGRAWHILL NOR ITS LICENSORS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO ANY MCGRAW-HILL CONTENT OR THE INFORMATION THEREIN OR ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM, ACCESSING OR USING THE MCGRAW-HILL CONTENT, OR ANY MATERIAL REFERENCED IN SUCH CONTENT OR ANY INFORMATION ENTERED INTO LICENSEE'S PRODUCT BY USERS OR OTHER PERSONS AND/OR ANY MATERIAL AVAILABLE ON OR THAT CAN BE ACCESSED THROUGH THE LICENSEE'S PRODUCT (INCLUDING VIA ANY HYPERLINK OR OTHERWISE) OR AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED. ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE MCGRAW-HILL CONTENT IS AT YOUR OWN DISCRETION AND RISK AND USER UNDERSTANDS THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA.
  4. NEITHER MCGRAW-HILL NOR ITS LICENSORS WARRANTS THAT THE INFORMATION CONTAINED IN THE MCGRAW-HILL CONTENT IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN THE MCGRAW-HILL CONTENT WITH OTHER SOURCES. NEITHER MCGRAW-HILL NOR ITS LICENSORS SHALL BE LIABLE TO SUBSCRIBER OR TO ANY USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
  5. IN NO EVENT WILL MCGRAW-HILL OR ITS LICENSORS, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MCGRAW-HILL CONTENT.