TERMS AND CONDITIONS
Terms & Conditions were last updated on May 5, 2013.
These Terms & Conditions outline the standards governing your use of the CDL-Testing.com website (the “Website”). By using the Website you (the “User”) agree to the terms and conditions set forth herein. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of the Website.
We reserve the right, at any time, to modify, alter, or update these Terms & Conditions without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website after modifications are posted shall constitute an acknowledgement and your acceptance of the Terms & Conditions, as revised.
Account Log-In Information
If you register as a member of the Website, you will be assigned log-in information for your account. You are solely responsible for maintaining the confidentiality of your log-in information. You are solely responsible for any and all use of your account. You should not disclose your log-in information to any third party, and CDL-Testing.com and all those associated with the operations of the Website, disclaims any liability relating to your disclosure of your log-in information. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your log-in information. You agree not to use the account or the account log-in information of any other user at any time.
Description of Service
Through the Website, the User is provided with access to online CDL testing and information. To use the Website and the services, the User must provide (1) all equipment necessary for his/her own Internet connection, including computer and modem and (2) Member’s access to the Internet, and (3) pay any fees related to such Internet connection.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE (CDL-TESTING.COM) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF OR THE RESULTS ARISING FROM THE USE OF THE WEBSITE, IN TERMS OF ITS AVAILABILITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CDL-TESTING.COM SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEBSITE. CDL-TESTING.COM DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY BE INAPPLICABLE TO YOU.
Limitation of Liability
THE WEBSITE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, THE WEBSITE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, OR TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.
Indemnification
The User agrees to indemnify and hold the Website, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the User's use of the Website, the violation of these Terms & Conditions, or infringement by the User (or any other user of the website using the User's computer or password) of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
CDL-Testing.com reserves the right to modify or discontinue the services provided on the Website with or without notice to the User. The Website shall not be liable to User or any third party in the event that the Website exercises its right to modify or discontinue any or all of the services provided on the Website. The User acknowledges and accepts that the Website does not guarantee continuous, uninterrupted or secure access to the Website and that operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of the Website’s control.
Third-Party Sites
The Website may include links to third party sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the Website is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such third-party sites. Your use of those third-party sites is subject to the terms of use and privacy policies posted on each site, and you hereby acknowledge and agree that CDL-Testing.com is not responsible for any activities or information posted on any third-party site . We encourage all Users to review the privacy policies of third parties’ sites.
Disclaimer Regarding Accuracy of Third Party Information
While CDL-Testing.com makes every effort to ensure that the information on the Website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the Website. By way of explanation and not limitation, certain product specifications and other information have either been provided by third party Vendors or collected from publicly available sources. The Website makes no warranties or representations whatsoever with regard to any product provided or offered by any third party vendor, and you acknowledge that any reliance on representations and warranties provided by any third party vendor shall be at your own risk.
Governing Law
The Website is operated and originates in the great State of Texas. As such, these Terms & Conditions and your use of the Website are governed by the laws of the great State of Texas, without giving effect to any choice of law rules. We make no representation that the Website or the services offered on the Website are appropriate, legal or available for use in other locations. Accordingly, if you choose to access and use the Website, you agree to do so subject to the laws of the great State of Texas.
Compliance with Laws
The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use the Website or the services offered on the Website in any way that violates applicable local, state, federal, or international laws, regulations or other government requirements. The User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law or regulation.
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