Thank you for using Question Bank Manager! These Terms of Service (the “Terms”) govern your access to and use of Question Bank Manager (“we”, “us” or “our”) website.
By using the website, you agree to be bound by these Terms. If you are using the website on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Question Bank Manager only in compliance with these Terms. You may use the Question Bank Manager only if you have the power to form a contract with us and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our website at our discretion.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND WE ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE “GOVERNING LAW; AGREEMENT TO ARBITRATE”).
Copyright & Content
Copyright on our website is owned by or licensed to us and all rights are reserved. Users are responsible for observance of copyright on all materials uploaded and/or included in it. You must abide by all copyright notices and restrictions contained on our website. You understand that we may use any such Submitted Content for any purpose. You represent and warrant to us that you will not submit Submitted Content that you do not have the right to submit.
You shall not use this website to:
- – submit any Submitted Content or transmit via or through the website any information, data, text, images, files, links, software, chat, communication or other content that is, or which we consider in our sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
- – sell or promote any products or services that are unlawful in the location at which the Submitted Content is posted or received;
- – sell or promote controlled pharmaceutical substances, tobacco, fire arms or alcoholic beverages;
- – introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
- – display material that exploits children under 18 years of age;
- – submit any Submitted Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- – promote, solicit or participate in multi-level marketing or pyramid schemes;
- – harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
- – impersonate any other person, including without limitation a customer, supplier, official of our company, expert or bulletin board leader, guide or host;
- – post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
- – post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
- – intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation any regulations having the force of law while using or accessing the website or in connection with your use of the website, in any manner; or
- – invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
We reserve the right, without prior notice and in its sole discretion, to decide whether Submitted Content violates these Terms for any of the above reasons or for any other reason, and if we do so, to remove such Submitted Content which you post to the website and/or terminate your access to any of our Services.
Question Bank Manager, the Question Bank Manager Logo, and other logos on our Services are trademarks owned by Oleksii Hliebov. (“Question Bank Manager Trademarks”). You may not use Question Bank Manager 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.
Links, Frames, and Metatags
You may link to the home page of our website as long as the link does not cast us in a false or misleading light. You may not frame the content of our website. You may not use metatags or any other “hidden text” that incorporates our Trademarks or our name without our express written consent.
Links to Other Websites
Disclaimer; Limitation of Liability; Indemnity
THIS WEBSITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE “CONTENTS”) ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. QUESTION BANK MANAGER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE SERVICES OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF OUR WEBSITE OR SERVICES, WHETHER IN WARRANTY, CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE GREATER OF (A) AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE U.S. DOLLAR (US$1). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.
THE CONTENTS OF THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS WEBSITE. QUESTION BANK MANAGER MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS WEBSITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
THIS WEBSITE, THE SERVICES AND THE CONTENTS ARE FOR INFORMATIONAL PURPOSES ONLY.
You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, representatives, licensors, and suppliers, from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms, including without limitation any representations and warranties hereunder and any agreements incorporated by reference; and/or (2) your infringement of any intellectual property or other right of any person or entity.
These Terms are the entire agreement between you and us relating to the subject matter hereof and may not be modified except in a writing signed by both you and us.
You may not assign these Terms. Any purported assignment by you is null and void.
If any part of these Terms are held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Payment Terms & Conditions
We use a third party payment service to process your credit card or other payment information. By submitting your credit card or other payment information, you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service from whom we accept payment. We will select third parties who encrypt your information using secure socket layer technology (SSL) or other comparable security technology.