Terms of Service
ExamBuilder’s products, services, websites are referred to in this document as “Services”.
In the course of using the Services, you may submit training materials, data related to the creation and administration of exams, and add examinees who view these materials. All of the above will be referred to as your “Content”. We know that by giving us your Content, you are trusting us to treat it appropriately.
By using the ExamBuilder (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
ExamBuilder (“Company”) reserves the right to update and change these Terms of Service without notice.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis;
- Technical support is guaranteed via email, but we may provide support via telephone if warranted;
- ExamBuilder uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Personal data is not shared, or is encrypted with third party vendors and hosting partners;
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company;
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service;
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination;
- If your usage significantly exceeds the average usage of other customers, we will reach out to you to offer a pricing plan that corresponds to your usage unless the level of usage is so great it negatively impacts the performance for other customers, in which case we reserve the right to disable your account;
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, or error-free, or (iii) the quality of the service will meet your expectations;
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service;
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service);
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
- You are responsible for maintaining the security of your Instructor account and password. ExamBuilder cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You, and not ExamBuilder, are responsible for any activity occurring in your account. If you become aware of any unauthorized access to your account, you should notify ExamBuilder immediately;
- You are responsible for creating and/or managing passwords for your examinees, trainees, and users. ExamBuilder cannot give access to any of your examinees, trainees, and users without your consent;
- ExamBuilder occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account;
- You are responsible for maintaining, protecting, and making backups of your Content;
- To the extent permitted by applicable law, ExamBuilder will not be liable for any failure to store, or for loss or corruption of, your Content;
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws);
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process;
- Accounts registered by “bots” or other automated methods are not permitted.
Payment, Refunds, Upgrading and Downgrading Terms
- The Service is offered with a free trial for 30 days. If you need more than 30 days, you can contact us and ask for an extension. Extensions are granted on a case by case basis;
- For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles;
- Downgrading your Service may cause the loss of features or capacity of your account. ExamBuilder does not accept any liability for such loss;
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
- You are solely responsible for properly canceling your account;
- All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information cannot be recovered once it has been permanently deleted;
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle;
- ExamBuilder, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time;
Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice;
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ExamBuilder site or the Service itself;
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service;
Copyright and Content Ownership
- You are responsible for all exams and training content posted and user activity that occurs under your account;
- We claim no intellectual property rights over the material you provide to the Service. YOU ARE THE OWNER OF ALL CONTENT YOU UPLOAD INTO THE EXAMBUILDER SYSTEM PROVIDED THAT YOU HAVE THE LEGAL RIGHT TO USE THE CONTENT AS STATED IN THE PARAGRAPH BELOW;
- The ExamBuilder Service displays content provided by others that is not owned by ExamBuilder. Such content is the sole responsibility of the entity that makes it available. Since you are responsible for your own Content you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. ExamBuilder is not responsible for any actions you take with respect to your Content, including sharing it publicly. If you did not create the Content, please confirm you have obtained the permission of its owner, or are otherwise authorized by law to do so;
- All content posted on the Service must comply with U.S. copyright law;
- ExamBuilder does not pre-screen content, but reserves the right (but not the obligation) tomodify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms.
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API;
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
- You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services;
- You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
- You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes;
- You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide;
- You may not circumvent or attempt to circumvent any limitations that ExamBuilder imposes on your account;
- Unless authorized by ExamBuilder in writing, you may not probe, scan, or test the vulnerability of any ExamBuilder system or network;
- Unless authorized by ExamBuilder in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available;
- Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so;
- You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;
- You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users;
- You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity;
- You may not register accounts by “bots” or other automated methods.
Disclaimer and Limitations of Liability
While it is in ExamBuilder’s best interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. While we make every effort to provide uninterrupted service including (i) 24/7 monitoring, (ii) network and server redundancy, and (iii) proactive maintenance, Services may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND EXAMBUILDER DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXAMBUILDER, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF EXAMBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability
To the extent permitted by applicable law, the aggregate liability of each of ExamBuilder, its affiliates, officers, employees, agents, suppliers, and licensors arising out of or in connection with the services and these terms will not exceed the lesser of: (a) the amounts paid by you to ExamBuilder for use of the services at issue during the 12 months prior to the event giving rise to the liability; and (b) US$200.
If you are a business, you will indemnify and hold harmless ExamBuilder and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Bolder Design Inc. DBA ExamBuilder.
Our mailing address is:
119 West 72ndStreet
New York, NY 10023