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| Terms
and Conditions for Use of Test Factory Terms of Use - It is important that you read this license agreement prior to using Test Factory. If you do not wish to accept the terms of this agreement, then Tool Factory will provide a full refund. Call (800) 220-8386. Refunds - Refunds are guaranteed for the first 30 days. If you use Test Factory in any way, then you shall be bound by this license agreement. Copyrights - All information posted on Test Factory, including any test questions, images, photographs, animations, video, audio, music, and text were written and/or created by Tool Factory, or its authorized agents. Everything posted on Test Factory is protected under the copyright laws of the United States of America, and international treaty provisions. You may not copy, post, or distribute any part of Test Factory without written permission from Tool Factory. Any unauthorized use of any material posted on Test Factory is strictly prohibited. Best Efforts - Tool Factory uses its best efforts to insure that the test questions posted on Test Factory will match the domains and objectives outlined for the corresponding standardized test, or corresponding state standard. Reviews - All test questions have been reviewed by teachers for suitability to the targeted standard, prior to posting on Test Factory. Guarantee - Tool Factory makes no guarantees that any student using Test Factory will pass an exam, or raise his or her test scores. Every school using the service whether as a free service, or paid subscription, is accepting the responsibility to explain this to students and parents. Voluntary - Use of this service is voluntary. The customers and users accept all liability and risk which may be associated with the use of this service. Security of Test Scores - Tool Factory uses best efforts to make the Test Factory online service secure from a technical perspective. As with all internet-based technology, there is a risk that hackers will try to violate these security measures. Tool Factory accepts no liability for breaches of security, or loss of data caused by hackers. As a precautionary measure, the Test Factory system is backed up one-time per day. Security of Usernames and Passwords - The security and dissemination of student usernames and passwords is the sole responsibility of the schools and teachers using the Test Factory system. Tool Factory accepts no liability for breaches of security which are a direct result of shared usernames or passwords. Trial Licenses - Trial usage of Test Factory is absolutely free. Tool Factory accepts no liability for the use of this free service. Paid Subscription License - Test Factory is sold by annual subscription license for unlimited use by a single school's student body and staff. Students, parents, teachers, aids, tutors, and administrative staff, associated with the school's student body may use the Test Factory service at home, school, or anywhere there is an internet connection. Multi-School Educators - Educators working at more than one school, may only use the Test Factory service with students in schools which have a paid subscription license. Warranty - Tool Factory warrants that Test Factory will under normal use, perform substantially in accordance with any specifications of the product published by Tool Factory. Excluded from this warranty are acts of God, or system failures that are due to any cause beyond Tool Factory's reasonable control. Liability - Tool Factory's entire liability and your exclusive remedy for any breach of any warranty (express or implied) shall be to return to you the price paid for the subscription license. No Liability for Consequential Damages - In no event shall Tool Factory or its suppliers be liable for any damages which arise out of the use or inability to use Test Factory (including, without limitation, damages for the loss of testing data, loss of student information, time interruptions, software conflicts, hardware failures, or other pecuniary losses) even if Tool Factory has been advised of the possibility of such damages. In any event, Tool Factory's entire liability to you under this agreement or with regards to Test Factory shall be limited to the amount actually paid for Test Factory. Jurisdiction - Any dispute regarding this license agreements will be governed under Vermont law. |