Terms and Conditions
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THE USE OF THIS SITE IS GOVERNED BY THE POLICIES, TERMS AND CONDITIONS SET FORTH BELOW.
Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. O’Smart Media reserves the right to make changes to this site and these terms and conditions at any time.
Online Preparation Materials
THE ONLINE TEST PREPARATION MATERIALS, WHETHER IN DIGITAL OR PHYSICAL FORM, ARE PROPERTY OF O’SMART MEDIA, LLC AND ARE LICENSED TO YOU UNDER THE TERMS OF THE LICENSE AGREEMENT PRINTED HEREIN ("Agreement"). BY ACCESSING THE ONLINE PREPARATION MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The ASVAB Online Preparation Courses, Practice Tests, and Flash Cards are proprietary to O’SMART MEDIA, LLC, who retains exclusive title to and ownership of the copyrights and other intellectual property rights in the Online Preparation Courses, Practice Tests, and Flash Cards. These rights are protected by the national and state copyright, trademark, trade secret, and other intellectual property laws of the United States and international treaty provisions, including without limitation the Universal Copyright Convention and the Berne Copyright Convention. You have no ownership rights to the Online Preparation Courses, Practice Tests, or Flash Cards. Except as expressly set forth herein, no parts of the Online Preparation Courses, Practice Tests, or Flash Cards may be modified, copied, or distributed in hardcopy, digital or machine-readable form without prior written consent from O’SMART MEDIA, LLC. All rights not expressly granted to you herein are expressly reserved by O’SMART MEDIA, LLC. Any other use of the Online Preparation Courses, Practice Tests, or Flash Cards by any person or entity is strictly prohibited and a violation of this Agreement.
SCOPE OF RIGHTS LICENSED (PERMITTED USES)
O’SMART MEDIA, LLC is granting you a limited, non-exclusive, non-transferable license to use the Online Preparation Courses, Practice Tests, or Flash Cards, in part or in whole, for your internal business or personal use. Any internal or personal use of the Online Preparation Courses, Practice Tests, or Flash Cards content must be accompanied by the phrase "Used with permission from O’SMART MEDIA, LLC" or other phrasing agreed upon in writing by O’SMART MEDIA, LLC.
This license is being granted to only the purchaser of the Online Preparation Courses, Practice Tests, or Flash Cards. Excessive use, which shall be judged solely at the discretion of O’SMART MEDIA, LLC during the license period that may be indicative of license sharing, may result in the license being revoked with no refund or recourse. O’Smart Media will investigate excessive usage prior to any license revocation.
RESTRICTIONS ON TRANSFER
Reproduction or disclosure in whole or in part to parties other than the O’SMART MEDIA, LLC client that is the original subscriber to this Online Preparation Course is permitted only with the written and express consent of O’SMART MEDIA, LLC. This Online Preparation Course shall be treated at all times as a confidential and proprietary document for internal use only.
Any purported sale, assignment, transfer or sublicense without the prior written consent of O’SMART MEDIA, LLC will be void and will automatically terminate the License granted hereunder.
THE INFORMATION CONTAINED IN THIS ONLINE PREPRATION COURSE IS BELIEVED TO BE RELIABLE BUT CANNOT BE GUARANTEED TO BE CORRECT OR COMPLETE. If the Online Preparation Course’s electronic delivery format is defective, O’SMART MEDIA, LLC will replace it at no charge if O’SMART MEDIA, LLC is notified of the defective formatting within FIFTEEN days from the date of the original download or receipt of Online Preparation Course.
LIMITATION OF LIABILITY
IN NO EVENT WILL O’SMART MEDIA, LLC BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE ONLINE PREPARATION COURSE REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSIVE OR OTHER REMEDY. IN ANY EVENT, THE LIABILITY OF O’SMART MEDIA, LLC SHALL NOT EXCEED THE LICENSE FEE PAID BY YOU TO O’SMART MEDIA, LLC.
The Content (defined below) is protected by copyright laws under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of same. All O’SMART MEDIA Content on this Web site is subject to and protected by: Copyright © 2008 O’Smart Media, LLC. ALL RIGHTS RESERVED.
LIMITS ON USE
This Web site is owned and operated by O’Smart Media, and is for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software, products or services obtained from this Web site ("Content"), except that you may view the Content in its present form and you may download on any single computer one (1) copy of the Content for personal, noncommercial home use, provided that you keep intact all copyright and other proprietary notices. The use of any of the Content on any other Web site or networked computer environment is strictly prohibited. You recognize that unauthorized use of the Content may subject you to civil or criminal liability.
NO PROFESSIONAL ADVICE
The information appearing on this web site is intended solely as general guidance, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
ACCURACY OF INFORMATION AND CALCULATIONS
All Information appearing on this web site is believed to be accurate, but O’Smart Media, LLC and its suppliers and contributors do not warrant or guarantee such accuracy. You should independently verify all relevant information prior to making any decisions based on such information.
MODIFICATIONS OF THESE TERMS OF SERVICE
O’Smart Media may modify these Terms of Service from time to time in its sole discretion. Each time you log on to this web site, you will be deemed to have accepted any such changes.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD
EXCEPT AS EXPRESSLY STATED HEREIN, O’Smart Media MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE O’Smart Media SITES. EXCEPT AS EXPRESSLY STATED HEREIN, O’Smart Media EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO O’Smart Media ARISING FROM ANY PRODUCT SOLD ON THE O’Smart Media SITES SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL O’Smart Media, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE O’Smart Media WEB SITES
THE O’Smart Media WEB SITES AND THE MATERIALS THEREIN ARE PROVIDED "AS IS". O’Smart Media MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE O’Smart Media SITES, THEIR OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2008 COMPLIANCE. O’Smart Media EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT O’Smart Media, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE O’Smart Media SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
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JURISDICTION AND VENUE
You agree that any legal action brought against O’Smart Media shall be governed by the laws of the State of Washington without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the O’Smart Media sites shall be an appropriate federal or state court located in King County, Washington.
We do not sell, rent, or trade your e-mail address or personal information. We understand the importance of privacy to our customers and visitors to our website. Our policy is to always treat what we learn about our customers as confidential. For example, we will not give or sell confidential or personal information about our customers to any third party, except as required by law or as necessary to provide ASVAB Boot Camp services to the customer.
On this website we request information from users on our order form. Here a user must provide contact information (like name and billing address) and financial information (like credit card number, expiration date). This information is used only for the billing purposes and to fill customers' orders. If we have trouble processing an order, this contact information is used to contact the user.