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TestCircle Terms of Use

Welcome to "www.TestCircle.com" We are glad "You" have decided to sign up, and we look forward to "Your" feedback on our services. Before you begin using our services, do take some time to review the following Terms of Use ("Terms"). These Terms are an "Agreement" between you and Win Education Service (the company that delivers the TestCircle). It is important that you understand both the benefits that TestCircle can provide, as well as its limitations. Win Education Service provides its website www.TestCircle.com (the "Site") subject to the following terms of use (the "Terms"), which may be updated by Win Education Service from time to time without notice to you. You should review the Terms periodically for changes. If you do not agree with all of the following terms and conditions, please do not use this Site. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law. Without limiting the foregoing, our services are not available to minors. You hereby agree to supervise usage by, and be responsible for the actions of, any minor who uses your computer and/or Account to access the site. You should always supervise your children's use of the Internet. In addition, you may not use this site if you reside in a country where it is prohibited by law, regulation, treaty or administrative act.

Ownership and Intellectual Property Rights

Win Education Service shall retain all ownership in the Site and all content displayed on the Site. You acknowledge and agree that the Site and all information presented to you through the Site contain intellectual property rights owned by Win Education Service, including but not limited to copyright, design rights and trade marks and You agree not to infringe the intellectual property rights owned by Win Education Service or third parties as detailed in the Copyright Notice.

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Win Education Service and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

Owner Contact Detail:

All Copy Rights, Intellectual Property Rights at this website belongs to Win Education Service. Ownership of TestCircle.com belongs to Win Education Service.

Details of Free Trial Offer

The Try It module is unlimited access with limited use. We have chosen something from every part of the Course so you will have a clear and full understanding of the Course material and our methodologies. We also grant you full use of our digital tools and interface in the Virtual Classroom. My Notebook, Glossary and Vocabulary are unlimited for you to use. Please read the Introduction Instructions within the Virtual Classroom to fully understand the Virtual Classroom utility. You may use the Virtual Classroom Try It module for an unlimited time period (access). Your use will be limited to those Course materials chosen by TestCircle.com for you to use. This access and use policy may be changed at any time solely at the discretion of TestCircle.com.

Simply cancel anytime in during the free trial period, and you will not be charged. To cancel, click on "Your Account" and follow the simple cancellation instructions. If you want to continue, do nothing and your subscription will automatically continue at the plan you selected. The FREE Trial offer cannot be combined with any other offer. Limit one per household. First-time customers only. Valid payment method required. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MY ACCOUNT" LINK AND FOLLOW CANCELLATION INSTRUCTIONS. WE WILL BILL YOUR PAYMENT (AFTER TRIAL PERIOD) IF YOU DO NOT CANCEL. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

Limited License

Win Education Service grants You a nonexclusive, revocable right to use the Site provided that You agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any material found on the Site, in whole or in part or otherwise attempt to discover any source code except as expressly authorized by Win Education Service or relevant third parties. You expressly agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity)of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful id, name, material or information;
  • Use the Site for any purpose, which is in violation of local, state, national or international law;
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;
  • Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer;
  • Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Impersonate another person or allow any other person or entity to use Your account identification to post or view questions;
  • Post the same question or information repeatedly (referred to as 'spamming'). Spamming is strictly prohibited;
  • Download any file posted by another user that You know, or reasonably should now, cannot be legally distributed through the Site;
  • Post any personal information about You or other persons.

Fair-play rules

You hereby authorize Win Education Service to use, and authorize others to use, your feedback in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature.

Modifications to the Site

Win Education Service reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to You, and You agree that Win Education Service shall not be liable to You or any third party for any modification or discontinuance of the Site.

Privacy

Win Education Service's Privacy Policy located on its Site as modified by Win Education Service from time to time shall govern any disclosure or use of your personal information.

Dealings with Advertisers and Merchants

(a) Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Site, 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 or merchant. (b) To the fullest extent permitted by applicable law, you agree that: (1) Win Education Service shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on or through the Site; and (2) Any orders placed by you on, and any product specifications and product availability appearing on, the Site are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.

Dealings with Third Parties and Links

(a) The Site may provide, or third parties may provide, links to other web sites or resources. As Win Education Service has no control over such sites and resources, you acknowledge and agree that Win Education Service is not responsible for the availability of such external sites or resources, 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.
(b) Any dealings by you with any third party on or through the Site shall be solely between you and that third party and Win Education Service shall not be responsible for any loss or damage that may arise from any such dealings.

Your account, password and security

You are responsible for maintaining the confidentiality of any password and account number provided by Win Education Service for accessing the Site, and are fully responsible for all activities that occur under Your password or account. You agree to immediately notify Win Education Service of any unauthorized use of your password or account or any other breach of security. Win Education Service shall not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You may not use anyone else's account or permit anyone else to use your account at any time. Should Win Education Service have reason to believe that there has been an impersonation or misuse of the service through your account, such action shall be construed as a breach of this Agreement by You.

Indemnification

You agree to indemnify, defend and hold harmless, Win Education Service, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Win Education Service reserves the right to assume; at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Win Education Service in asserting any available defenses.

100% Money Back Guarantee Conditions

  • You must be enrolled in a TestCircle course for one month or more and study the course for at least an average of 2 hours per day and, complete all practice tests.
  • If you feel that you are not ready to take the exam after your course access ends or if you are not satisfied with your score on the actual exam, you may repeat the full course for free, duplicating the same course plan you paid for originally.
  • Your free repeat course will prepare you for a test date that must be within the following 3 months.
  • If your total score is not higher on the actual exam than your earlier, official test score, you may choose to repeat the full program for free a third time or get a full refund. Thereafter, your privilege to repeat or to receive the refund will end.
  • To invoke the Money Back Guarantee, you must notify TestCircle by email within 90 days after the date your course access ends. To be eligible for the refund, you must present a copy of your official score reports at the time you invoke the refund guarantee.
  • The Money Back Guarantee only applies to TestCircle courses taken and completed within the United States and Canada. We cannot extend this to our overseas users at this time.

Disclaimer and Limitation of Liability

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WIN EDUCATION SERVICE AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES PROVIDED BY WIN EDUCATION SERVICE OR THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. WIN EDUCATION SERVICE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WIN EDUCATION SERVICE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY WIN EDUCATION SERVICE OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WIN EDUCATION SERVICE’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO WIN EDUCATION SERVICE, IF ANY, IN THE THREE (3) MONTH PERIOD PRIOR TO ANY DISPUTE. YOU AGREE NOT TO HOLD WIN EDUCATION SERVICE, WIN EDUCATION SERVICE’S AGENTS AND EMPLOYEES, OFFICERS, DIRECTORS, OR PARTICIPANTS IN WIN EDUCATION SERVICE’S AFFILIATE SERVICE LIABLE FOR ANY ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE AND RELEASE ALL SUCH PERSONS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Miscellaneous

This Agreement and all questions of construction, validity and performance under this Agreement shall be governed by English law and subject to the non-exclusive jurisdiction of the US courts. Nothing in the Terms affects any liability for fraudulent misrepresentation. Any failure by Win Education Service to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Win Education Service and You with respect to the subject matter hereof, and you have not relied upon any promises or representations by Win Education Service with respect to the subject matter except as set forth herein. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

This Agreement will become effective immediately when you register on the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Win Education Service may terminate this Agreement immediately for any breach by you of this Agreement or any applicable policy of Win Education Service as posted on the Site from time to time without notice to you by terminating your rights to use the Site. In the event of termination or expiration, the following sections shall survive: Ownership and Intellectual Property Rights; Indemnification, Disclaimer and Limitation of Liability; Privacy Policy, Miscellaneous and Copyright Notice.