TERMS OF USE FOR THE TESTING SHOP
This application website/application is a service made available by The Testing Shop Inc., and its affiliates (collectively referred to in this document as “The Testing Shop”). All use of this website/application, including all content, information and services provided on this website/application, is subject to the following terms of use (“Terms”), which constitute a legal agreement between you and The Testing Shop. By accessing, browsing, or using this website/application, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, without notice to you. Each time you access this website/application, you agree to be bound by the Terms then in effect.
LICENSE
By offering this website/application for use, The Testing Shop provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website/application, strictly subject to and in accordance with these Terms. The Testing Shop reserves the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, The Testing Shop does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.
USAGE RESTRICTIONS
By using this website/application, you agree that:
- you shall not use, intentionally or unintentionally any of the content, information or services on this website/application in a manner contrary to or in violation of any applicable international, national or local law, rule or regulation having the force of law, including privacy laws and any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- you shall not use this website/application in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, the servers, networks and other components connected to or used for this website/application.
- you shall not interfere with any other party’s use and enjoyment of this website/application or any of the content, information or services provided on this website/application.
- you shall not forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).
- you shall not upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- you shall not upload, post, or otherwise transmit 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.
- you shall not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any server used for this website/application, through password mining, hacking or any other means.
- you shall not seek to gain access to any materials or information through any means not intentionally made available by us.
- you shall not reproduce, duplicate, copy, download, sell, resell, or otherwise exploit this website/application, or any portion hereof, for commercial purposes without The Testing Shop’ prior written consent.
- you shall not use any framing techniques to enclose any portion of this website/application (including, but not limited to, images, text, page layout and form) without The Testing Shop’ prior written consent.
- you shall not make any use of the trademarks, service marks, trade names, logos, and graphics on this website/application without The Testing Shop’ prior written consent.
- you shall not use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities, or users.
- you shall not use any robot, spider, other automatic software or device or manual process to monitor or copy the website/application or the content, information, or services on this website/application without The Testing Shop’ prior written consent.
- you shall not collect any email addresses made available on this site for purposes of promotions or marketing campaigns and you shall not solicit any users with data retrieved from this website/application or any The Testing Shop identified on this website/application.
- you shall not distribute, on or through this website/application, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without The Testing Shop’ prior written permission; and
- you shall not use or otherwise export or re-export this website/application, or any portion thereof, in violation of the export control laws and regulations of the United States of America.
Any unauthorized use terminates the license granted hereby.
ELECTRONIC COMMUNICATIONS
When you visit this website/application and when you communicate with us electronically, for example by sending us an email, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website/application. 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.
PATENTS, COPYRIGHTS AND TRADEMARKS
The technology and content provided on this website/application is owned by or licensed to The Testing Shop and is protected by United States and international intellectual property laws. The Testing Shop and its licensors retain all proprietary rights to that content and technology.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE PROVIDE THIS WEBSITE/APPLICATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE/APPLICATION, THE CONTENT, INFORMATION OR SERVICES INCLUDED ON THIS WEBSITE/APPLICATION, OR THAT THE WEBSITE/APPLICATION OR CONTENT WILL BE ERROR-FREE. YOU AGREE THAT YOUR USE OF THIS WEBSITE/APPLICATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TESTING SHOP DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
PRIVACY
Please review our Privacy Statement for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website/application.
ADVERTISERS
This website/application may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website/application is accurate and complies with applicable laws. The Testing Shop will not be responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.
LINKING TO THE WEBSITE/APPLICATION
You may provide links only to the homepage of this website/application, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage and (b) you discontinue providing links to this website/application if requested by The Testing Shop.
REGISTRATION AND ACCOUNT INFORMATION
Certain sections of this website/application may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Please note that we may store and process your personal information in systems located outside of your home country. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You maintained the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If you believe there has been unauthorized use, you must notify us immediately.
SUBMISSION OF INFORMATION
The Web Site includes areas in which users may post content and information, including without limitation personal and business profile data, messages, comments, data, text, photos, blogs, graphics, or other materials (the “User Content”). You are solely responsible for your use of such areas and use them at your own risk. By using the website/application, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the website/application any of the following:
- User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, including without limitation any personal profile information, recommendation, endorsement, rating or review of an attorney with whom you have not had direct, personal experience in a professional legal context or as a client of such attorney;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct or that would otherwise create liability or violate any local, state, national or international law or regulation.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Terms.
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
- Unsolicited promotions, political campaigning, advertising, or solicitations, including without limitation any advertisements for legal services, legal service providers or lawyer referral services.
- Viruses, spyware, malware, corrupted data or other harmful, disruptive, or destructive files.
- User Content that, in the sole judgment of The Testing Shop, is objectionable or which restricts or inhibits any other person from using or enjoying the website/application, or which may expose The Testing Shop or its users to any harm or liability of any type.
The Testing Shop takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is The Testing Shop liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Any use of the website/application in violation of the foregoing violates these Terms and may result in termination or suspension of your right to use the website/application. The Testing Shop reserves the right to restrict or remove any User Content posted or stored on the website/application at any time and for any reason without notice.
LICENSE OF USER CONTENT TO THE TESTING SHOP
By uploading or submitting User Content to the website/application for use, you grant The Testing Shop a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. If you post User Content to the website/application, unless we indicate otherwise, you grant The Testing Shop and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the website/application and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
NO LEGAL ADVICE OR PRACTICE OF LAW
The information and services on this website/application are not intended to and shall not be used as legal advice. You use the content, information, and services on this website/application at your own risk. You acknowledge that under no circumstances is The Testing Shop, its agents, affiliates, or customers, providing legal advice or representation through SuperLawyers.com, and that nothing on this website/application is intended as a substitute for legal advice from an attorney. UNDER NO CIRCUMSTANCE SHALL THE TESTING SHOP HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE/APPLICATION. SUCH RELIANCE SHALL BE SOLELY AT YOUR OWN RISK.
NO ATTORNEY-CLIENT RELATIONSHIP & CONFIDENTIALITY
You acknowledge that no attorney-client relationship is, or will be, formed using this website/application, and that you have no expectation of privacy or confidentiality of communications occurring through this website/application. The hiring of an attorney is a critical decision and should not be predicated solely on comments, recommendations, advertisements, User Content, or other posted materials contained on SuperLawyers.com or any other website/application.
ATTORNEY PROFESSIONAL CONDUCT
If you are an attorney participating in any aspect of SuperLawyers.com, you acknowledge that the Rules or Codes of Professional Conduct (collectively, “Rules”) of the jurisdictions in which you are licensed apply to all aspects of your participation and that you will abide by such Rules. The Testing Shop disclaims all responsibility for your compliance with these Rules. You warrant that User Content will be used to provide general information only, and not for the provision of legal advice or the practice of law.
THIRD PARTY CONTENT
Third party content, messages and services may appear on this website/application or may be accessible through links from this website/application. The Testing Shop is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations, or any other form of content contained in any third-party content appearing on or accessible from SuperLawyers.com. You acknowledge that the information and opinions in the third-party content are neither endorsed or controlled by, nor reflect the beliefs of, The Testing Shop.
TERMINATION
You acknowledge and agree that The Testing Shop, in its sole discretion, may terminate your website/application access if your conduct is found to be unlawful, inconsistent with or in violation of, the letter or spirit of these Terms. The Testing Shop shall not be liable to you or any third party for termination of website/application access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website/application.
INDEMNIFICATION
You agree to indemnify, defend, and hold The Testing Shop and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of these Terms by you.
GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the State of Minnesota, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Minnesota. You agree to waive all defenses or objections to such jurisdiction and venue.
SEVERABILITY OF PROVISIONS
If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
CONTACT INFORMATION
If you have any questions about these Terms, or about the content, information, or services on this website/application, you may contact us at the following:
The Testing Shop Inc.
441 Lexington Avenue, Ste. 1221
New York, NY 10017
Phone: +1 917-346-6000
Facsimile: +1 917-720-9766
These Terms and Conditions are for users in the United States.
We will post any changes to these Terms here. The Terms were last updated on April 9th, 2024.
