1. Copyright and Proprietary Rights

This World Wide Web site is the property of the BEAT THE TEST INC. and its licensors and is protected by United States as well as international copyright laws. All copyright, trademark, and other proprietary rights in the BEAT THE TEST INC. Site and in the software, text, graphics, design elements, audio, music and all other materials originated or used by BEAT THE TEST INC. at its Site (the "BEAT THE TEST INC. Information") are reserved to BEAT THE TEST INC. and its licensors.  You may not alter or modify the BEAT THE TEST INC. Site, other web sites that the BEAT THE TEST INC> Site links to (“Other Sites”), or any material residing on such Sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not use the BEAT THE TEST INC. Site or Other Sites in any manner that infringes the rights of any person or entity.  Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by BEAT THE TEST INC. should be inferred.

 

 

2. Export Controls

Your use of the BEAT THE TEST INC. Site will comply with all applicable laws, rules and regulations that govern the export of technical data.

 

3. Exclusions of Warranties

No warranties of any kind are made with respect to the BEAT THE TEST INC. Site. BEAT THE TEST INC. DOES NOT WARRANT THAT THE BEAT THE TEST INC. SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE BEAT THE TEST INC. SITE, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.

 

4. Submissions

All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to BEAT THE TEST INC. on or in connection with this Site are submitted without any restrictions or expectation of confidentiality. BEAT THE TEST INC. shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. BEAT THE TEST INC. shall have the right to use, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.  This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to any conflict of law principles.  Any dispute arising under or in connection with this Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in New York, NY.

 

6. Limitation of Liability

IN NO EVENT SHALL BEAT THE TEST INC. OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND.

 

 

7. Responsibility for Content

BEAT THE TEST INC. does not screen, edit or review material submitted by users. BEAT THE TEST INC. can therefore accept no responsibility or liability for any material which may reside in or is accessed by the BEAT THE TEST INC. Site other than BEAT THE TEST INC. Information. BEAT THE TEST INC. has no responsibility with respect to Other Sites. You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the BEAT THE TEST INC. Site. You agree to indemnify BEAT THE TEST INC. from any damage, loss, cost or expense which may be incurred by BEAT THE TEST INC. as a result of the material you link, upload, post, or transmit to the BEAT THE TEST INC. Site. BEAT THE TEST INC. has no duty to review or edit materials submitted by users. Any such materials may be removed by BEAT THE TEST INC. at any time for any reason.

 

8. Limitation of Claims

Any action on any claim against BEAT THE TEST INC. must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.

 

9. Entire Agreement

This is the entire agreement between the parties.  The terms of this Agreement may be modified or waived only by separate writing, signed by you and BEAT THE TEST INC., expressly modifying or waiving such terms.