Terms of Service
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND Paragon Learning Group, LLC (“ContractorTests.com”, “WE” or “Us” or “ContractorTests”), THE OWNER AND OPERATOR OF THE WWW.CONTRACTORTESTS.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM THE SITE.
By using this site or purchasing any products (as defined below), you represent, acknowledge and agree that you will not share, distribute, or redistribute our practice test material, study guides, or any other material which you have purchased from us.
This website and its content is copyright of ContractorTests.com © 2014-2017. All Rights Reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not share your practice test material with anyone who has not paid for the same test. You may not, except with our express written permission, distribute or commercially exploit the Site’s content, nor may you transmit it or store it in any other website or other form of electronic retrieval system.
No content or images may be copied or downloaded without the written permission of CONTRACTORTESTS.COM. This copyright notice does not pertain to information at websites other than this Site, or content which is not owned by this site.
1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the site
ContractorTests may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information/Privacy
2 – PASSWORDS; USE OF SITE
2.1 – Passwords
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify CONTRACTORTESTS and reset your affected passwords immediately if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – Use of Site; Prohibitions
Subject to your compliance with this Agreement, CONTRACTORTESTS hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and view the content, information, text, images, graphics, interfaces, audio and video clips and any other materials you have purchased from the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not save, copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you. You will be liable for legal damages resulting from noncompliance with these terms.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of CONTRACTORTESTS or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – TERMS OF SALE
3.1 – Sales of Products
ContractorTests sells products (the “Product(s)”) to customers of legal majority age only for their own personal, gift, and non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose. If you wish to purchase the Products for resale or further non-personal distribution, your request may be approved by the Company. Please email your volume licensing request to info@ContractorTests.com.
3.2 – Pricing
Pricing for Products (including any applicable shipping and handling fees) can be found on the then-current pricing page accessed from the Site homepage. The price that we will charge you for the Products will be the price as posted on the Site on the date you make a purchase. CONTRACTORTESTS reserves the right to change prices for Products at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Any coupon codes or discounts issued may be accompanied by their own terms regarding the duration of validity for the discount. Some coupons may provide discounts for a set duration of time or number of uses.
3.3 – Cancellation Policy
CANCELING YOUR ORDER: You may request cancellation of your order at anytime by emailing info@ContractorTests.com. If your order has already been processed or downloaded, it will not be possible to cancel it. We will advise upon the receipt of your cancellation request. We process orders promptly and automatically.
If you are dissatisfied with the Product for any reason, contact CONTRACTORTESTS so that we can work to remedy the issue.
3.4 – Payment Methods
ContractorTests may accept credit card or debit payments. You agree to pay all fees charged to your account based on CONTRACTORTESTS’s fees, charges, and billing terms in effect as shown on the payment page you make a purchase. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products based on the address that you provide as the shipping address when you make a purchase, and you authorize CONTRACTORTESTS or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made prior to Site providing access to the Products. If your payment method cannot be charged for any reason, CONTRACTORTESTS reserves the right to suspend or terminate your account and purchases. All sales and payments will be in US Dollars.
ContractorTests and CONTRACTORTESTS’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to CONTRACTORTESTS and CONTRACTORTESTS’s third party payment service provider at the election of your credit card issuer. Neither CONTRACTORTESTS nor CONTRACTORTESTS’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is Your responsibility to contact Your credit card issuer with regards to Your right to opt out of the update service.
3.5 – Shipping and Product Acceptance
The shipment dates will be determined by the date on which you are provided a download link after completing payment. The risk of loss and title for all Products purchased via the Site pass to the Customer upon Site providing the download link to customer.
We cannot accept returns or exchanges on any Products or regardless of whether or not they have been accessed, used, or opened. If you are unhappy with an order, please contact us and we will work towards a solution on a case-by-case basis.
No claims for replacement will be considered unless Buyer notifies Seller therefore within five (5) calendar days from receipt of goods. Failure of Buyer to give such notice within such period shall constitute an unqualified acceptance of these goods pursuant hereto.
4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that CONTRACTORTESTS or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
“ContractorTests” is a trademark of CONTRACTORTESTS in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CONTRACTORTESTS.com. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5 – THIRD PARTY SITES; INDEMNIFICATION
5.1 – Third Party Web Sites
The Site may provide links to third party Sites that are not owned or controlled by CONTRACTORTESTS, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. We do not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Our policies and terms are not applicable on Third Party Sites; you must abode by their policies and terms.
5.2 – Indemnification
You hereby agree to defend, indemnify and hold each of the CONTRACTORTESTS Parties (as defined in Section 6 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
6 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. CONTRACTORTESTS, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “CONTRACTORTESTS PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, AND PRODUCTS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND CONTRACTORTESTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONTRACTORTESTS OR ANY PERSON ON BEHALF OF CONTRACTORTESTS SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT THE CONTRACTORTESTS PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7 – LIMITATION OF LIABILITY
7.1 – IN NO EVENT SHALL ANY CONTRACTORTESTS PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF TIME, NOT PASSING A TEST, NOT OBTAINING A LICENSE, PROPERTY DAMAGE, HEALTH AND MEDICAL CONDITIONS, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A CONTRACTORTESTS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 – IF, NOTWITHSTANDING THE FOREGOING, A CONTRACTORTESTS PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, OR PRODUCTS, THE RELEVANT CONTRACTORTESTS PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID CONTRACTORTESTS FOR THE PRODUCTS, AS APPLICABLE; AND (B) THE SUM OF fifty US DOLLARS (USD $50).
7.3 – NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY CONTRACTORTESTS PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH CONTRACTORTESTS PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7.4 – BY MAKING PURCHASES ON THIS SITE, YOU EXPRESSLY AGREE THAT YOU WILL NOT BE PARTY TO ANY CLASS ACTION SUIT INVOLVING CONTRACTORTESTS.COM, ITS PARENT COMPANY, AND/OR ITS AFFILIATES, PROVIDERS, OR LICENSORS.
8 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
8.1 – Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at INFO@ContractorTests.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO CONTRACTORTESTS’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 8.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor CONTRACTORTESTS has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to CONTRACTORTESTS for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Albuquerque, New Mexico, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the laws of New Mexico, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees and travel expenses. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
8.2 – Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of New Mexico, without regard to its conflicts of laws principle. Foreign laws do not apply. Arbitration or court proceedings must be in Bernalillo County, New Mexico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
9 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
9.1 – Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
9.2 – General Terms
CONTRACTORTESTS accepts customers and website visitors on an at-will basis. We reserve the right to refuse service or access to anyone for any reason with or without cause and with or without notice.
10 – Severability
Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
11 – Product Use
The products provided by ContractorTests are not to be used with, for the purpose of, or in conjunction with any illegal acts as defined by your local jurisdiction or federal jurisdiction. We do not condone or support illegal or subversive activities.