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User Agreement
This User Agreement describes the terms on which eVocabulary Builder™
offers you access to its web site and services. Please read this agreement
carefully. By using this web site and its services, you agree to be bound
by these terms.
eVocabulary Builder™ is an interactive online
service owned and operated by ADABTEK, Corp.
When accessing the pages or the information contained on the eVocabulary Builder™ web
site, http://www.evocabularybuilder.com
("the Site" or "our Site") or by using the eVocabulary BuilderTM
services (the "Services") in any manner, you must adhere to the terms of this
Agreement. When using particular eVocabulary Builder™
Services, you may also be subject to additional guidelines or rules which we
may post from time to time. In addition, if you arrive at our Site through any
of our partners' or affiliates' web sites, you may also be subject to the terms
and conditions of that web site. If you do not agree to the terms of this
Agreement, please exit the Site immediately, and cease all use of our Services.
You may review a current version of this Agreement at any time by clicking on
the User Agreement link at the bottom of any page of the Site.
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We reserve the right to make changes to this Agreement or the guidelines or
rules incorporated herein, at any time, and we will notify you of any such
changes by posting the new Aggreement online. Your continued use of our Site
will signify your acceptance of any revised terms to this Agreement. Therefore,
you should regularly visit this page to make yourself familiar with our current
Agreement. This Agreement may not otherwise be amended, except in writing, by
both you and ADABTEK, Corp. Unless otherwise stated, all amended
terms to this Agreement shall be effective immediately once notice of those
changes is available online.
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When subscribing to our services, you must provide accurate and current
information to us. If you provide any information that is false, misleading,
inaccurate, not current, or incomplete duringlisting or otherwise,we may choose
to cancel your subscription.
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We may choose to cancel your subscription at anytime if we believe that
you are not complying with this user agreement and/or if we believe that you
have violated the user agreement..
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By subscribing to our services, you are stating that you have the
legal authority to enter the contract with us.
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You cannot return, transfer, or get refunds for subscription products and
all subscriptions are final whether you use the subscription or choose not to
use it.
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We undrestand and agree that we are not guaranteeing the effectiveness of our
services per individual bases.
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We may choose to change the rules governing subscriptions at any time.
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DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT
YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIGHER EDUCATION
TESTS, CORP. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND NONINTERFERENCE, WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states
do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you.WE MAKE NO WARRANTY THAT THE SITE OR OUR SERVICES WILL
SATISFY YOUR REQUIREMENTS, OR THAT THE AVAILABILITY OF THE SITE OR OUR SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES
ADABTEK, CORP. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR OUR SERVICES. YOU
UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR
SERVICES THROUGH THE SITE OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY
TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
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LIMITATION OF LIABILITY: IN NO EVENT SHALL ADABTEK, CORP. OR ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS, AND
AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING
NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS/SERVICES OR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES,
RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT,
(II) THE RECEIPT OR LOSS OF DATA, INFORMATION, OR MESSAGES TRANSMITTED THROUGH
THE SITE OR OUR SERVICES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SITE OR OUR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO
HAVE FAILEDITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ADABTEK,
CORP. BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
THE SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, ADVERTENT OR INADVERTENT.
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You agree to defend, indemnify and hold ADABTEK, Corp.and (as
applicable) its officers, directors, employees, agents, parents, subsidiaries,
partners, and affiliates harmless from and against any and all claims made by
or liabilities to any third party resulting from any activities conducted
under your use or misuse of the Site or our Services, including, but not
limited to, the use of content on the Site.
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Any notices given pursuant to this Agreement that are directed toHigher
Education Tests, Corp. shall be sent by U.S. Mail to: ADABTEK,
Corp., 13800 Holly Crest Lane, Dayton, MD 21036, Attn: Legal. Any notice from
ADABTEK, Corp. that is directed to you shall be delivered to the
mailing address or email address you provided us when registering for our
services. Notice shall be deemed given twenty four (24) hours after email is
sent or, in the case of notice sent via U.S. Mail, three (3) business days
after the date of mailing.We may also give notice of changes to this Agreement
or other matters related to eVocabulary Builder™
by displaying notices on the Site.
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It is the express intent of the parties that this Agreement and any related
documents shall bewritten and executed in the English language.
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In addition, other rules and guidelines posted throughout the Site may govern
your activities and use of our Services.