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1. ACCEPTANCE OF TERMS
Welcome to SATMethod. SATMethod provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without notice to
you. In addition, when using particular SATMethod services, you and SATMethod shall be
subject to any posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated by reference into
the TOS.
2. DESCRIPTION OF SERVICE
SATMethod currently provides users with access to a rich collection of resources,
including, various lessons, learning methods, tips, strategies, and practice questions
pertaining to the SAT test. You also understand and agree that the Service may include
advertisements. You also understand and agree that the service may include certain
communications from SATMethod, such as service announcements, administrative messages and
SATMethod Newsletter, and that these communications are considered part of SATMethod
membership and you will be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including the
release of new SATMethod properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that SATMethod assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications or
personalization settings.
You are responsible for obtaining access to the Service and that access may involve third
party fees (such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to access the
Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or SATMethod has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, SATMethod has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof). SATMethod is concerned
about the safety and privacy of all its users. Please remember that the Service is designed
to appeal to a broad audience. Accordingly, as the legal guardian of a person under 18 years
of age, it is your responsibility to determine whether any of the Services and/or Content
(as defined in Section 6 below) are appropriate for your child.
4. SATMethod'S PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy at http://www.satmethod.com/privacy.htm.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify SATMethod of any unauthorized use
of your password or account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. SATMethod cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not SATMethod, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via the Service.
SATMethod does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will SATMethod be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a SATMethod official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any
party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the
Service;
k. intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that SATMethod does not pre-screen Content, but that SATMethod and its
designees shall have the right (but not the obligation) in their sole discretion to refuse
or move any Content that is available via the Service. Without limiting the foregoing, SAT
Method and its designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not rely on any
Content created by SATMethod or submitted to SATMethod, including without limitation
information in SATMethod Message Boards and in all other parts of the Service.
You acknowledge and agree that SATMethod may preserve Content and may also disclose Content
if required to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of SATMethod, its users and the public.
You understand that the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United States
or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
SATMethod does not claim ownership of Content you submit or make available for inclusion on
the Service. However, with respect to Content you submit or make available for inclusion on
publicly accessible areas of the Service, you grant SATMethod the following world-wide,
royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible
areas of SATMethod, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purposes of
providing and promoting the specific SATMethod services to which such Content was submitted
or made available. This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove or SATMethod removes
such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion
on publicly accessible area of the Service other than SATMethod, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or SATMethod removes such Content from
the Service.
"Publicly accessible" areas of the Service are those areas of SATMethod of properties that
are intended by SATMethod to be available to the general public.
9. INDEMNITY
You agree to indemnify and hold SATMethod, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your violation of any
rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SATMethod may establish general practices and limits concerning use of
the Service, including without limitation the maximum number of days that messages, message
board postings or other uploaded Content will be retained by the Service, the maximum disk
space that will be allotted on SATMethod servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a given period of
time. You agree that SATMethod has no responsibility or liability for the deletion or
failure to store any information and other communications or other Content maintained or
transmitted by the Service. You acknowledge that SATMethod reserves the right to log off
accounts that are inactive for an extended period of time. You further acknowledge that SAT
Method reserves the right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
SATMethod reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You
agree that SATMethod shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that SATMethod, in its sole discretion, may terminate your password, account (or
any part thereof) or use of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of use or if SATMethod
believes that you have violated or acted inconsistently with the letter or spirit of the
TOS. SATMethod may also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that SATMethod may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further access to such
files or the Service. Further, you agree that SATMethod shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree that SATMethod shall
not be responsible or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because SATMethod has no control over such sites and resources, you
acknowledge and agree that SATMethod is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that SATMethod shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or services available on or
through any such site or resource.
16. SATMethod'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by SATMethod
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
SATMethod grants you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than through the interface
that is provided by SATMethod for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. SATMethod EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SATMethod MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SATMethod 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 SAT
Method 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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO ACCURACY
The Service is provided for informational purposes only. SATMethod and its licensors shall
not be responsible or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to notices to
you generally on the Service.
22. TRADEMARK INFORMATION
* SAT is a registered trademark of the College Entrance Examination Board.
SATMethod, the SATMethod logo, and other SATMethod logos and product and service names are
trademarks of SATMethod. (the "SATMethod Marks"). Without SATMethod's prior permission,
you agree not to display or use in any manner, the SATMethod Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
SATMethod respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please
provide SATMethod's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been
infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
SATMethod's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By email: questions@satmethod.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and SATMethod and govern your use of
the Service, superceding any prior agreements between you and SATMethod. You also may be
subject to additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship between you and
SATMethod shall be governed by the laws of the State of New York without regard to its
conflict of law provisions. You and SATMethod agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Suffolk, New York. The failure of
SATMethod to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
26. SATMethod'S GUARANTEE
SATMethod guarantees that by using the services provided, you, as a member of SATMethod, will raise your score
on the SAT or SATMethod will increase your subscription length by one full week. By using SATMethod's services, including but not limited to, lessons, tips,
practice questions, and test taking strategies, you waive all responsibility and liability
of SATMethod if your SAT score is increased, decreased, remains the same, or is not equal
with the SAT score you wished to achieve. By registering with SATMethod, you understand
that your SAT score is your responsibility and yours only and that your score depends on how
much time and effort you put in to studying along with uncontrollable outside forces. |