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TestMetrics - Terms and Conditions of TestMetrics

Terms & Conditions

Please Read this agreement carefully as they contain information regarding tour(our) legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution cause that govers(governs) how disputes will be resolved.

1. Welcome to the User Agreement for www.testmetrics.in.

The TestMetrics service and website (collectively, "Test Metrics" or "the Service") are operated by Test Metrics. and its corporate affiliates (collectively, "us", "we" or "the Company"). This Agreement describes the terms on which you may access and use our services. By accessing or using our web site at www.testmetrics.in ("Site"), you (the "User") signify that you have read, understood and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of TestMetrics ("Member").
In the event of any inconsistency between the TestMetrics Privacy Policy and this Agreement, the Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use or access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting the amended terms on this website. Your continued use of the Site indicates your acceptance of the amended Agreement.

2. Eligibility

Membership in the Service is void where prohibited. The TestMetrics Service is not available to minors under the age of 14(need to get this checked from someone- I am not sure about this) or to any users suspended or removed from the system by TestMetrics for any reason. Users should not have more than one active account. (Remove this - this does not apply to our system) Additionally, (Remove this word) Users are prohibited from selling, trading, or otherwise transferring your TestMetrics account to another party. If you do not qualify, you may not use the TestMetrics Service.

3. Your Right and Obligations

Registration Details and Account Security:

In consideration of your use of the Site, you agree to
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Details");
(b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and
(c) you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge.

Agreement and Warranty:

Although as an online service provider, we are not responsible for the conduct of our users, we want TestMetrics to be a safe place on the internet. Therefore, in using TestMetrics you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Service or the Site to:
1) Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
2) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes, but is not limited to a) Using TestMetrics to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and b) Sending messages to distribution lists, newsgroup aliases, or group aliases.
3) Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
4) Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or the Site; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.
5) Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
6) Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
7) Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another.
8) Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
9) Sell, rent, or otherwise provide your contacts/other users contact information to any third party for marketing purposes. Further you cannot use your contact/other users' contact information for marketing purposes.

Communications:

You agree to receive communications from TestMetrics in connection with your use of TestMetrics Services in the form of email or SMS messages, including without limitation account activity notification, service updates, and reminders.

Member Disputes:

You are solely responsible for your interactions with other Members. www.testmetrics.in reserves the right, but has no obligation to monitor disputes between you and other Members.

4. Our Right and Obligations

Proprietary Rights in Site Content; Limited License:

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.

Fees:

You acknowledge that TestMetrics reserves the right to charge for the TestMetrics Services and to change its fees from time to time in its discretion. If TestMetrics terminates your membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees paid by you.

Third Party Websites and Content:

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

5. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential, and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

6. Cancellation & Refund Policy

As TestMetrics offers a free trial evaluation to ensure that our products and services meet your needs without the need to purchase, there will be ABSOLUTELY NO REFUNDS and CANCELLATIONS. Before deciding to subscribe to our services, please make sure to take our free trial, the evaluation version that we provide.We do not offer refunds on subscriptions that have already been taken. For this reason, we strongly recommend that before payment, our visitors:
  • Read all information about our products, services and support given to our clients.
  • Evaluate the quality of our services by taking our free trial.
  • Read all About Us and our technical Team.
  • Read the Frequently Asked Questions (FAQ) sections.
  • Read our Terms and Conditions.
  • Read our Privacy Policy.
  • Do not allow children or other unauthorized family members or friends to access your credit cards or your account at the payment site to ensure that no one pays for a Membership without your permission.
By making a payment for Membership to our site, you acknowledge that you have read and agree to the above No Refund and no cancellation Policy.