This Agreement was last revised
on June 26th,
2020.
Contents
TERMS AND CONDITIONS
I. OUR INTRODUCTION
II. DEFINITIONS
III.
INTERPRETATION
IV.
COMMITMENT AND SCOPE
V.
OUR SERVICES
VI.
MODIFICATIONS TO THE
SERVICE
VII.
ACCOUNT
VIII.
USER SUBMISSION
IX. iFrames
X. PAYMENT
XI. LIMITED GUARANTEE
XII.
GEOGRAPHIC
RESTRICTION
XIII.
GENERAL CONDITIONS
XIV.
YOUR COMMITMENT AND
RESPONSIBILITIES
XV.
EXCLUSION OF
LIABILITY
XVI. NO RESPONSIBILITY
XVII.
THIRD-PARTY LINKS
XVIII.
PERSONAL INFORMATION
AND PRIVACY POLICY
XIX. ERRORS, INACCURACIES, AND OMISSIONS
XX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
XXI. COPYRIGHT AND TRADEMARK
XXII. INDEMNIFICATION
XXIII.
MISCELLANEOUS
www.patcrusher.com (“Website”)
owned and managed by PATCrusher LLC (“we,”
“us,” or “our”) welcomes you.
We offer you access to our
services through our “Website” (defined below) subject to the following Terms
of Service, which may be updated by us from time to time with or without notice
to you. By accessing and using this Website, you acknowledge that you have
read, understood and agree to be lawfully bound by these Terms and Conditions
and our Privacy Policy, which are hereby incorporated by reference
(collectively, this “Agreement”). In case you do not agree with any of these Terms,
then please do not use the Website.
- “Agreement”
denotes to this Terms and Conditions and the Privacy Policy and other documents
provided to you by the Website;
- “Service”
or “Services” is a reference to any
service defined below, which we may supply and which you may request via our
Website;
- “User”,
“You”, “your” and “Client”
denotes the person who is accessing the website for taking any service from us.
- “We”, “us”, “our”, “ourselves” and “Company” are
references to PATCrusher LLC Inc;
- “Website” shall mean and include "https://www.patcrusher.com, and any successor Website of the
Company or any of its affiliates;
- “User Account” shall mean an electronic account opened by the user with
the Platform to avail services offered through the Website;
- All references to the singular
include the plural and vice versa and the word "includes" should be
construed as "without limitation".
- Words importing any gender shall
include all the other genders.
- Reference to any statute,
ordinance or other law includes all regulations and other instruments and all
consolidations, amendments, re-enactments or replacements for the time being in
force.
- All headings, bold typing, and
italics (if any) have been inserted for convenience of reference only and do
not define limit or affect the meaning or interpretation of the terms of this
Agreement.
- Scope. These Terms govern your use of the Website and
the Services. Except as otherwise specified, these Terms do not apply to
Third-Party Products or Services, which are governed by their own terms of
service.
- Eligibility: Our service is not available to minors under the age
of 16, if you are under the age 16 then please take acceptance from your
parents/guardians for using our website and services.
- Electronic
Communication: When you use
this Website or send e-mails and other electronic communications from your desktop
or mobile device to us, you are communicating with us electronically. By
sending, you agree to receive a reply communications from us electronically in
the same format and you can keep copies of these communications for your
records.
Here
at www.patcrusher.com, we offer you a
meticulously designed website for PAT Exam preparation. Our website focus on
building the base of candidates appearing for this exam from basic to ensure
guaranteed result. We offer you unlimited practice tests with questions, a detailed
explanation of your right and wrong answers, tell you about your strengths and
weaknesses with our graphs and charts, and advised you to keep your focus on
getting a high score to crack this exam.
The practice tests intend to help candidates to understand
the types of questions that will be asked in PAT. The most important part is
that you can avail all these facilities at very reasonable prices.
We reserve the right, in
our discretion, to change, modify, add to, or remove portions of the Terms
(collectively, “Changes”), at any time. We may notify you of changes
by sending an email to the address identified in your Account or by posting a
revised version of the Terms incorporating the Changes to our Website. Your
continued use of the Site following the posting of changes will mean that you
accept and agree to the Changes.
If you access this
Website anonymously, you will not be required to create a user name. But, to
access certain Resources, you may be required to provide specific information
and to create a user ID and password to establish an account.
You accept that the details you provide about establishing an
account are correct and that you will keep your details up-to-date. You are
responsible for the security of all of your user names, passwords, and
registration information (such as unique account identifiers or historical
billing information), and you are solely responsible for any use (authorized or
not) of your accounts. You agree to notify us immediately about any
unauthorized activity regarding any of your accounts or other breaches of
security. We may at our discretion suspend or terminate any of your user names
and passwords at any time with or without notice.
- Content Responsibility.
The website
permits you to post comments, feedback, etc. (“content”) but you are solely
responsible for the content posted by you. You represent that you have required
permission to use the content.
PATCrusher LLC does not filter, edit, publish or review
Comments before their presence on the website. Comments do not reflect the
views and opinions of PATCrusher LLC,
its agents, and/or affiliates. Comments reflect the views and opinions of the
person who posts their views and opinions. To the extent permitted by applicable
laws, PATCrusher LLC shall not be liable
for the Comments or any liability, damages or expenses caused and/or suffered
as a result of any use of and/or posting of and/or appearance of the Comments
on this website.
Please do not
use content that:
- contains
ill-mannered, profane, abusive, racist or hateful language or expressions,
text, photographs or illustrations that are pornographic or in poor taste,
inflammatory attacks of a personal, racial or religious nature;
- is defamatory, threatening, disparaging,
grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair,
contains gross exaggeration or unsubstantiated claims;
- violates the privacy rights of any third
party, is unreasonably harmful or offensive to any individual or community;
- discriminates on the grounds of race,
religion, national origin, gender, age, marital status, sexual orientation
or disability, or refers to such matters in any manner prohibited by law;
- violates or inappropriately encourages
the violation of any municipal, state, federal or international law, rule,
regulation or ordinance;
- uses or attempts to use another's
account, password, service or system except as expressly permitted by the
Terms of use uploads or transmits viruses or other harmful, disruptive or
destructive files;
- sends repeated messages related to
another user and/or makes derogatory or offensive comments about another
individual or repeats prior posting of the same message under multiple
emails or subjects;
PATCrusher LLC reserves the right to monitor all Comments and
to remove any Comments which can be considered inappropriate, offensive, or
causes breach of these Terms and Conditions. If repeated violations occur, we
reserve the right to cancel user access to the website without advanced
notice.
- We
are happy to support you if there is any issue you can contact our back-office
team for any inquiry or problem.
- We take user feedback very
seriously and use it to constantly improve our products and quality of service.
By availing our services:
- We provide an opportunity for you
to avail the offered Services from our Website;
- We do not provide any warranty or
guarantee that the Courses and/or Service descriptions are accurate, complete, reliable,
current, or error-free. If a Services offered by the Website is not as
described, your sole remedy is to intimate us about Services for taking further
action.
We reserve the right, but
not the obligation, to limit the usage or supply of any service or course to
any person, geographic region, or jurisdiction. We may use this right as per
the necessity. We reserve the right to suspend any Service at any time. Any
offer to provide any Service made on our Website is invalid where banned.
- If you find any link
on our Website that is offensive for any reason, you are free to contact and
inform us at any moment. We will consider requests to remove links but we are
not obligated to or so or to respond to you directly.
- You shall use the website Service
for a lawful purpose and comply with all the applicable laws;
- You
shall not upload, any content that:
- Defamatory, infringes any
trademark, copyright, or any proprietary rights of any person or affect any
one’s privacy, contain violence or hate speech, including any sensitive
information about any person.
- You
shall not use or access the Website for collecting any market research for some
competing business;
- You
shall not use any virus, hacking tool for interfering in the operation of the
Website or data and files of the Website;
- You
will not use any device, scraper, or any automated thing to access our Website for
any means without taking permission.
- You
will inform us about anything is inappropriate or you can inform us if
you find something illegal;
- You will not interfere with or try to interrupt the proper operation of
the Website through the use of any virus, device, information collection or
transmission mechanism, software or routine, or access or try to gain access to
any data, files, or passwords connected to the Website through hacking,
password or data mining, or any other means; and
- You will let us know about the unsuitable content of which you become
aware. If you discover something that infringes any law, please let us
know, and we’ll review it.
We reserve the right, in our sole
and absolute discretion, to deny you access to the Website or any service, or
any portion of the Website or service, without notice, and to remove any
content.
You understand and agree that we
(A)does not guarantee the accuracy, completeness, validity, or timeliness of
information listed by us or any third parties; and (B) shall not be responsible
for any materials posted by us or any third party. You shall use your own
judgment, caution, and common sense in evaluating any prospective methods or
offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect
consequential or any other form of loss or damage that may be suffered by a user
through the use of the www.patcrusher.com Website including loss of data or information or any kind of
financial or physical loss or damage
In
no event shall PATCrusher LLC, nor
its owners, directors, employees, partners, agents, suppliers, or affiliates,
be accountable for any indirect, incidental, special, eventful or exemplary
costs, including without limitation, loss of proceeds, figures, usage,
goodwill, or other intangible losses, consequential from (i) your use or access
of or failure to access or use the Service; (ii) any conduct or content of any
third party on the Service; and (iii) unlawful access, use or alteration of
your transmissions or content, whether or not based on guarantee, agreement,
domestic wrong (including carelessness) or any other lawful concept, whether or
not we've been aware of the possibility of such damage.
We
are not responsible to you for:
We may comprise links to
external or third-party Websites (“External Sites”). These links
are provided exclusively as ease to you and not as an authorization by us of
the content on such External Sites. The content of such External Sites is
created and used by others. You can communicate the site administrator
for those External Sites. We are not accountable for the content provided
in the link of any External Sites and do not provide any representations about
the content or correctness of the information on such External Sites. You
should take safety measures when you are downloading files from all these
Websites to safeguards your computer from viruses and other critical programs.
If you agree to access linked External Sites, you do so at your own risk.
By accessing or using the Website,
you approve us to use, store, or otherwise process your personal information as
per our Privacy Policy.
Every effort has been
taken to ensure that the information offered on our Website is accurate and
error-free. We apologize for any errors or omissions that may have occurred. We
cannot give you any warranty that usage of the Website will be error-free or
fit for purpose, timely, that defects will be amended, or that the site or the
server that makes it available are free of viruses or bugs or signifies the
full functionality, accuracy, reliability of the Website and no warranty shall
be provided by us for its suitability for any purpose.
OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE
WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT
OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION
OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES
ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN
RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL
NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE
RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE
CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR
TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE
NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS
RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN
SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE
TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE
ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS,
AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
We have provided certain materials
such as graphics, logo, photo, designs audio recording, text, software etc.
(collectively referred to as “Content”). The Content may be possessed by us or
third parties. Unauthorized use of the Content may infringe
copyright, trademark, and other laws. You have no rights in or to the
Content, and you will not take the Content except as allowed under this
Agreement. No other use is allowed without prior written consent from us.
You must recollect all copyright and other proprietary notices contained
in the original Content on any copy you make of the Content. You shall
not modify or transfer any copyrighted content in any way for any public or
commercial purpose.
If you violate any provision of
this Agreement, your rights to access or use the website shall be terminated
and you must with immediate effect destroy the copies you have created from the
content.
Our trademarks, service marks, and
logos used and displayed on the Website are registered and unregistered
trademarks or service marks of us. Other company, product, and service
names located on the Website may be trademarks or service marks owned by others
(the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).
Nothing on the Website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use the Trademarks, without our
prior written permission specific for each such use.
You agree to secure,
indemnify, and hold us and our officers, directors, employees, successors, licensees,
and allocates harmless from and against any dues, actions, or demands,
including, without restriction, judicious legal and accounting fees, arising or
consequential from your breach of this Agreement or your misappropriation of
the Content or the Website. We shall provide you notice of such claim,
suit, or proceeding at your expense. We reserve the right, at your
expense, to undertake the exclusive defense and control of any case that is
subject to indemnification under this section. In such case, you agree to
cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these
Terms is found to be unenforceable or inacceptable, that provision will be
limited or eliminated to the minimum extent necessary so that the Terms will
otherwise remain in full force and effect and enforceable.
Term. The Services will
be provided to you can be canceled or terminated by us. We may terminate these
Services at any time, with or without cause, upon written notice. We will have
no liability to you or any third party because of such termination. Termination
of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these
Terms for any reason, or cancellation or expiration of your Services: (a)
We will cease providing the Services, and (b) we may delete your
archived data within 30 days. All sections of the Terms that expressly provide
for survival, or by their nature should survive, will survive termination of
the Terms, including, without limitation, indemnification, warranty
disclaimers, and limitations of liability.
This Agreement constitutes the
entire agreement between the parties hereto concerning the subject matter
contained in this Agreement.
GOVERNING
LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under
the law of the United States of America and the State of Virginia without giving
effect to any principles of conflicts of law. The Courts of the State of Virginia
shall have exclusive jurisdiction over any dispute arising from the use of the
Website.
We will have no liability
to you, your users, or any third party for any failure us to perform its
obligations under these Terms if such non-performance arises as a result of the
occurrence of an event beyond the reasonable control of us, including, without
limitation, an act of war or terrorism, natural disaster, failure of
electricity supply, riot, civil disorder, or civil commotion or other force
majeure event.
The Company shall have the
right to assign/transfer this agreement to any third party including its
holding company, subsidiaries, affiliates, associates, and group companies,
without any consent of the User.
If you have any questions about
these Terms, please contact us at [email protected].