Last Updated: May 5, 2010
Terms of Use-Agreement Between Examville.com and User
The network of Web Sites operated by Examville.com, LLC (“Examville.com”) is comprised of various Web sites and Web pages (collectively, the “Examville.com Web Site”). The Examville.com Web Site and Examville.com services (the “Services”) are offered to you conditioned on your acceptance, without modification of the terms, conditions, and notices contained herein. Your use of the Examville.com Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Examville.com website included within the Examville.com Web Site network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Examville.com Web Site may contain additional terms that govern particular features or offers (for example, prize giveaways or community posting or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Examville.com website, then these terms herein shall control. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS AND THE EXAMVILLE.COM PRIVACY POLICY CAREFULLY BEFORE USING THE EXAMVILLE.COM WEB SITE. By accessing and using the Examville.com Web Site, or paying for someone else to use and access the Examville.com Web Site and/or the Services, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms herein or the Examville.com Privacy Policy, do not use the Examville.com Web Site and the Services.
The Examville.com Web Site and the Services are NOT intended for use by users who are under 13 years old.
Modification of These Terms of Use
Examville.com reserves the right to change the terms, conditions, and notices under which the Examville.com Web Site is offered, including but not limited to, the charges and subscriptions associated with the use of the Examville.com Web Site. You are responsible for regularly reviewing these terms and conditions. The Terms of Use are subject to change by Examville.com at any time, effective upon posting on the Examville.com Web Site, and your use of the Examville.com Web Site after such posting will constitute acceptance by you of such changes.
Eligibility
Use of the Examville.com Web Site is void where prohibited. By using the Examville.com Web Site, you represent and warrant that (1) all registration information you submit is truthful and accurate; (2) you will maintain the accuracy of such information; and (3) your use of the Examville.com Web Site does not violate any applicable law or regulation.
Privacy
The access and use of the Examville.com Web Site and/or the Services are also governed by our Privacy Policy.
Access and Use Costs and Equipment
You are solely responsible for service, telephone and/or any other fees or costs or charges associated with access to and use of the Examville.com Web Site and the Services provided herein, as well as obtaining and maintaining the computer hardware, all telephone and any other equipment and technology required and necessary for such access and use.
Use of Site: Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Examville.com Web Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Examville.com Web Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Examville.com Web Site solely for your own noncommercial use, or to place an order with Examville.com or to purchase Examville.com products and services. Any other use of materials on the Examville.com Web Site, including but not limited to, the modification, reproduction, distribution, republication, display or transmission of the content of the Examville.com Web Site, without prior written permission of Examville.com, is strictly prohibited.
Harassment in any manner or form on the Examville.com Web Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Examville.com employee, host, or representative or other members or visitors on the Examville.com Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Examville.com Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Examville.com Web Site or use the Examville.com Web Site to solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks
The entire content included in the Examville.com Web Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Examville.com. The collective work includes works that are licensed to Examville.com. ALL RIGHTS RESERVED. All
trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Examville.com, or other respective owners that have granted Examville.com the right and license to use such Marks.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Examville.com respects the intellectual property of others, and we ask our users and visitors to do the same. Examville.com will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Examville.com will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Examville.com the following information. Please be advised that to be effective, the Notification must include ALL of the following: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Examville.com Web Site; (4) your address, telephone number, and email address and all other information reasonably sufficient to permit Examville.com to contact you; (5) 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; (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Attn. Copyright Agent, Examville.com, LLC, 42 Broadway, Suite 1836, New York, NY 10004
By Email: copyright(at)examville.com (Please include “Notice of Copyright Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING EXAMVILLE.COM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Typographical Errors
In the event an Examville.com product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Examville.com shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Examville.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Examville.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Examville.com Web Site and/or completing the registration and/or purchasing process. These terms and conditions, or any of them, may be modified or terminated by Examville.com without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
User Participation
Examville.com does not and cannot review all communications and materials posted to or created by users accessing the Examville.com Web Site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Examville.com Web Site, Examville.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Examville.com Web Site. However, Examville.com will have the right to block or remove communications, information, materials or accounts that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon request of any third party. Note that any personally identifiable information you may post or transmit will be treated by Examville.com in accordance with Examville.com’s Privacy Policy.
Licensing of User Content
You own all of the content you post, upload, display, publish or otherwise make available on the Examville.com Web Site. By posting, uploading, displaying or otherwise making available any content, you automatically warrant and/or grant that the owner has granted to Examville.com, its affiliates, licensees and successors, a non-exclusive, royalty-free, fully-paid, sub-licensable, perpetual, worldwide, irrevocable, transferable license, to publicly display, publicly perform, distribute, store, alter, rearrange, sell, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your content (or any portion or derivative work thereof) in any manner, in any medium, for any purpose to the extent required to deliver or modify the Services. This license ends when you remove your content from the Examville.com Web Site or your account except to the extent your content has been shared with others, and they have not deleted it.
You also understand that when you remove content submitted by you, it is deleted in a manner similar to emptying the recycling bin on a computer. You understand removed content may persist on backup copies for a reasonable period of time.
User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload, sell, or post to the Examville.com Web Site (“Communications”) will be considered non-confidential and non-proprietary. Examville.com will have no obligations with respect to the Communications. Examville.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
User Community Areas - Open Platform for Users
Examville.com may, but is not obligated to, monitor or review any areas on the Examville.com Web Site where users transmit or post Communications or communicate solely with each other, including but not limited to, live classes section, study aids, Tutor Central Live™, Q&A and meet up sections or other open user forums/platform, and the content of any such Communications. Examville.com, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
User Conduct - Restrictions on User Communications
You will not transmit to other users, post on the Examville Web Site, communicate any content or link thereto, or otherwise engage in any activity on the Examville Web Site or through the Services, that: (1) contains others copyrighted content (for example, texts, photographs, images, music, movies, videos, software, etc.) without obtaining permission first; (2) contains video,
audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor child’s legal guardian); (3) promotes racism, bigotry, hatred or physical harm of any kind against any individual or group; (4) is defamatory, inaccurate, abusive, profane, obscene, offensive, sexually oriented, sex related or otherwise objectionable; (5) is intended to or tends to harass, annoy, threaten or intimidate any other users of the Examville.com Web Site or the Services; (6) intended to defraud, swindle or deceive other users of the Examville Web Site or the Services; (7) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; (8) solicits gambling or engages in any gambling or similar activity; (9) uses the Examville.com Web Site or the Services for spam e-mails, junk mail or chain letters; (10) is in any way used for in connection spamming, phising, spimming, trolling, or similar activities which disrupt or interfere with the functioning of the Examville.com Web Site; (11) solicits or promotes support of or involvement in a political platform, religion, sect or cult; (12) contains viruses, trojan horses, time bombs, worms or cancelbots or other harmful or disruptive codes, devices or components; (13) promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others identify information, create or disseminate computer viruses, or circumvent copy-protected devices; (14) collects or solicits personal information about anyone under 18; or (15) disseminates another person’s personal information without his or her permission or collects or solicits another person’s personal information for commercial or unlawful purposes.
Additional Responsibilities and Obligations of Users
In addition to the Paragraph above, you agree that you: (1) will NOT disclose any information to each other that can be considered personally identifiable including, but not limited to, your full name, address, telephone number, email address, social security number, password, or any other information that can be used to identify or locate you; and (2) you will NOT solicit personal information from each other and agree that if either a student or a teacher ever discloses such information to you, asks for any personal information, or suggests any offline meeting or communication, you agree to immediately report this to Examville.com by email AND regular mail.
Commissions, Fees & Taxes Concerning Open Platform, Including, Tutor Central Live™ and Live Classes
Certain features on the Examville.com Web Site, including, limited browsing and listing education-related services and/or documents, are free. Prices for paid services and documents offered by users are set by users. Examville.com charges a 30% commission on every completed transaction using the Examville.com Web Site. Examville.com reserves all rights to modify said commission at its sole discretion.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Examville.com Web Site and Services in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms, including, retaining collection agencies and legal counsel.
Premium Publishers Section
Digital content offered for sale in the Premium Publishers section are copyrighted materials of the respective publishers. Any purchase of digital content is non-refundable.
Children's Products
Examville.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Examville.com only with the involvement of a parent or guardian.
User Feedback
Examville.com welcomes user feedback or other suggestions so that we may provide the best possible service to our users. By submitting your feedback or other suggestions, you understand and agree that Examville.com may use them without any obligation to compensate you for them (you have no obligation to submit them to us either).
Third-Party Links
In an attempt to provide increased value to our users, the Examville.com Web Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties, including, without limitation advertisers, which are not under the control of Examville.com (the “External Sites”), and Examville.com is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. However, even if the third party is affiliated with Examville.com, Examville.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Examville.com. Examville.com has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. You agree that Examville.com will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, including sharing information you supply to Examville.com with partners or advertisers or sponsors, or as a result of the presence of such partners or advertisers or sponsors on the Examville.com Web Site. Please visit our Privacy Policy. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Examville.com sponsors, endorses, or accepts any responsibility for the content on, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Examville.com seeks to protect the integrity of its site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Membership
You may become a Member of the Examville.com Web Site for free. As a Member, you will have the ability to participate in some, but not all of the features and services available within the Examville.com Web Site. To access the additional services and features, you must pay and subscribe to the Services. Please see the Examville.com Web Site for descriptions of all the current subscription plans and service fees.
Subscriptions, Service Feeds, and Refunds
Examville.com charges your credit card or any other type of payment method up front and immediately for all subscriptions and service fees. Once your credit card is processed, you are agreeing to the duration of the specific subscription package and/or service you sign up for. Your subscription will terminate at the end of the subscription term for which you have paid. You will NOT receive any refund for any unused days of such subscription term and/or service. Unless otherwise expressly provided, services and documents offered by Examville.com are NOT subject to refunds. Unless otherwise expressly provided, services and documents offered by users on Examville.com Web Site’s open platform are NOT subject to refunds. (Transactions through Paypal.com are subject to Paypal’s terms and conditions and their privacy policies.)
Payment
You understand and agree that in order to receive payment for services and documents sold on the Examville.com Web Site, you must submit all requisite information requested by Examville.com. Payment will be made in accordance with the guidelines set forth in FAQ - Payment Information.
E-marketing
By agreeing to the terms of use herein, you give Examville.com express permission to email you, from time to time, updates on, including, but not limited to account and documents, as well as relevant special promotions and offers proffered by Examville.com. If you wish to opt out of such an emailing list, please email us at info(at)examville.com (Please include “E-Marketing Opt Out” in the subject headline)
Claims
Each claim or statement about the effectiveness of Examville.com products and services and/or each claim or statement comparing the effectiveness of Examville.com products and services to the effectiveness of other products and services is expressly limited to the United States, unless otherwise disclosed on the Examville.com Web Site.
Disclaimer
Examville.com makes no warranties or representations about the accuracy or completeness of the site’s content or the content of any site or External Sites. Examville.com does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
The open platform of the Examville.com Web Site facilitates a marketplace for users for education-related services and documents. Unless otherwise expressly specified, Examville.com does not hire or employ any users who participate in its open platform nor are we responsible or liable for any interactions between users, including but not limited to, teachers/tutors and their students. Examville.com is not responsible for disputes, claims, losses, injuries, or damages of any kind that may arise or arises out of or related to the conduct of users.
Examville.com does not control any Communications (as defined above) by users on the Examville.com Web Site. Thus, we do not guarantee in any way the validity, accuracy, reliability or truthfulness of such Communications. Examville.com cannot and does not make any guarantees with respect to user satisfaction vis-Ã -vis the Services and documents offered on the Examville.com Web Site. Although Examville.com has express prohibition against certain types of Communications (as set forth above), nonetheless, you understand that by accessing and/or using the Examville.com Web Site, you may be exposed to user Communications that is indecent, offensive, or otherwise objectionable.
No Warranties
THE EXAMVILLE.COM WEB SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE EXAMVILLE.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXAMVILLE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EXAMVILLE.COM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THOSE DEFECTS WILL BE CORRECTED, OR WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXAMVILLE.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EXAMVILLE.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF ITS SERVICES ON THE EXAMVILLE.COM WEB SITE.
Limitation of Liability
IN NO EVENT SHALL EXAMVILLE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF EXAMVILLE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EXAMVILLE.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION (WHETHER IN CONTRACT, OR NOT, (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE EXAMVILLE.COM WEB SITE.
Third Party Content
Statements, advice, opinions, offers, or other information or content made available through the Examville.com Web Site, but not directly by Examville.com, are those of their respective authors, and should not be necessarily be relied upon. Such authors are solely responsible for such content. EXAMVILLE.COM DOES NOT: (1) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RESPONSIBILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY OTHER THAN EXAMVILLE.COM. UNDER NO CIRCUMSTANCES WILL EXAMVILLE.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE EXAMVILLE.COM WEB SITE, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features
Periodically, Examville.com may offer new “beta” features or tools with which its users may experiment on the Examville.com Web Site. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Examville.com’s sole discretion. The provisions of the Disclaimer Section herein apply with full force to such features and tools.
Indeminification
You agree to indemnify, defend, and hold harmless Examville.com, its officers, directors, employees, agents, licensors and suppliers (collectively, the “Provider”) from and against any actual or alleged claims, demands, causes of action, judgments, losses, expenses, damages and costs, (including reasonable attorneys’ fees and other legal fees and costs), arising out of or relating to (1) your violation of these terms and conditions in this Terms of Use or any laws, rule or regulation; (2) any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing and using the Examville.com Web Site using your Internet account; (3) a claim that is based on your use of any content on Examville.com; or (4) any material uploaded by you or through your account or through your computer to Examville.com or otherwise transmitted to Examville.com.
Applicable Laws
Your use of the Examville.com Web Site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Examville.com Web Site (including but not limited to the purchase of Examville.com services and products) shall be in the state or federal courts located in New York, NY, United States of America. Any cause of action or claim you may have with respect to the Examville.com Web Site (including but not limited to the purchase of Examville.com services and products) must be commenced within one (1) year after the claim or cause of action arises. Examville.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Examville.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Examville.com makes no representation that materials in the Examville.com Web Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal and prohibited. Those who choose to access the Examville.com Web Site from locations outside New York do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of New York.
Arbitration
By using the Examville.com Web Site, you agree that Examville.com, at its sole discretion, may require you to submit any disputes arising from the use of the Examville.com Web Site, or these Terms of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American
Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of New York state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
General
Examville.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Examville.com Web Site.