V 1.0.0 (10/1/2004)

This User Agreement describes the terms on which Higher Education Tests, Corp. offers you access to its web site and services. Please read this agreement carefully. By using our web site and services, you agree to be bound by these terms.

Higher Education Tests' web site is an online shop offering products manufactured by Higher Education Tests, Corp. and/or other manufacturers. The web site is owned and operated by Higher Education Tests, Corp.

When accessing the pages or the information contained on the Higher Education Tests' web site, http://www.highereducationtests.com/ ("the Site" or "our Site") or by using the services offered on this web site (the "Services") in any manner, you must adhere to the terms of this Agreement. When using particular 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.

1. 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 Higher Education Tests, Corp. Unless otherwise stated, all amended terms to this Agreement shall be effective immediately once notice of those changes is available online.
2. When ordering a product, you must provide accurate and current information to us or to the third parties that are processing your order and payment. If you provide any information that is false, misleading, inaccurate, not current, or incomplete during listing or otherwise, we may choose to cancel your order.
3. Our Site and Services may be used only for lawful purposes. You may not use the Site or our Services to transmit, post, distribute, or store any material or conduct any activities in violation of any applicable local, state, provincial, federal, or foreign law or regulation. This includes, without limitation, any unauthorized use or distribution of material protected by patent, copyright, trademark, or other intellectual property right, or the sale or distribution of material that is obscene, defamatory, libelous, constitutes an illegal threat, violates rights of privacy or publicity, or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations in your use of the Site and our Services. You agree not to use the Site or our Services in any manner that violates or proposes a transaction which, if consummated, would violate any law, statute, ordinance, or regulation, expose Higher Education Tests, Corp. to civil or criminal liability, or violate this Agreement. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your transactions and for verifying that other Site users with whom you transact do the same. You agree that you will not use any information gained from the Site or our Services, including, without limitation information you learn about any buyer, seller, or other users, for any purpose not necessary to order a product or service on our Site.
4. 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 HIGHER EDUCATION TESTS, 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.
5. LIMITATION OF LIABILITY: IN NO EVENT SHALL HIGHER EDUCATION TESTS, 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 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 FAILED ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL HIGHER EDUCATION TESTS, 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.
6. You agree to defend, indemnify and hold Higher Education Tests, 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 Listing, your use or misuse of the Site or our Services, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party's intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise breaching this Agreement.
7. Any notices given pursuant to this Agreement that are directed to Higher Education Tests, Corp. shall be sent by U.S. Mail to: Higher Education Tests, Corp., 13800 Holly Crest Lane, Dayton, MD 21036, Attn: Legal. Any notice from Higher Education Tests, 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 the Site by displaying notices on the Site.
8. It is the express intent of the parties that this Agreement and any related documents shall be written and executed in the English language.
9. In addition, other rules and guidelines posted throughout the Site may govern your activities and use of our Services.