Terms Of Service

ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH Exam Files.COM, AND USE OF THE SERVICE, AS DEFINED BELOW, PROVIDED TO YOU BY Exam Files.COM YOU MAY USE THE SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THESE SERVICE. USING THESE SERVICE INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF SERVICE"), DO NOT USE THESE SERVICE.

Acceptance of Terms of Service

This Terms of Service Agreement (the "Agreement" or "Terms of Service") is a legal agreement between You, either an individual or an entity (the "You" or "User"), and Exam Files.com and its affiliates (collectively, the "Exam Files"), regarding the Service, as defined below. Exam Files makes the Website www.Exam Files.com including all related Exam Files's website such as Exam Files.com included within this Internet website (together, "Website"), and all information, graphics, documents, text, products, services and all other elements of the Website and all products and Service offered and operated through Website and related plug-ins, add-ons and applications, available for You subject to the terms and conditions set forth in this Agreement. By using the Service, You agree to be bound by the following Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the Website and all such terms shall be deemed accepted by You. If You do NOT agree to all these Terms of Service, You should NOT use the Service. If You do NOT agree to any additional specific terms which apply to particular Exam Files's Content (as defined below) or to particular transactions concluded through the Website, then You should NOT use the part of the Website and/or Service which contains such Exam Files's Content or through which such transactions may be concluded and You should NOT use such Exam Files's Content or conclude such transactions. Also, when You use any current or future Exam Files's Service or visit Exam Files's Website or obtain any products or Service, whether free of charge or for payment, of Exam Files or any business affiliated with Exam Files, whether or not included in the Website, You will be subject to the guidelines and conditions applicable to such services or business.

These Terms of Service may be amended by Exam Files at any time. Such amended Terms of Service shall be effective upon posting on the Website. Please check the Terms of Service published on the Website regularly to ensure that You are aware of all terms governing Your use of this Website and Service. Also, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through the Website (the "Exam Files's Content") or transactions concluded through the Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service.

Exam Files reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Exam Files reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.

Description of Service

Exam Files allows users to download files from the site freely without restrictions. Also users can exchange their files by uploading them on site.

Warranties and Disclaimers

ALL CONTENT AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." Exam Files HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE SERVICE OR THE CONTENT. Exam Files DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE OR SERVICE. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. Exam Files DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY Exam Files ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by Exam Files in writing, contractors, agents, dealers or distributors of Exam Files or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR SITE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. Exam Files ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH SERVICE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Exam Files OR FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE

The Website may contain references to specific Exam Files products and Service that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website and Service and products contained therein, You may be exposed to Exam Files's Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website, Service and products at Your own risk.

IN NO EVENT SHALL Exam Files OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE Exam Files'S CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE Exam Files' CONTENT, ANY SERVICE AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF Exam Files HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST Exam Files PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO Exam Files IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to You.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO Exam Files IN CONNECTION WITH THE SERVICE OR WEBSITE IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICE AND PROVIDE LICENSE AS SET FORTH IN SECTION (LICENSE TO YOUR CONTENT); (iii) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (iv) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT ("YOUR CONTENT") THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY Exam Files, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Term

The term of this Term of Service ("Term") shall begin when You start using the Service and shall continue in perpetuity unless otherwise terminated by Exam Files by written notice. Exam Files expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, this Terms of Service will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, You must immediately cease using the Service including without limitation any use of Exam Files's trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.

Fee, Payments.

All rights and privileges provided herein to You under this Terms of Service are subject to your compliance of all of the terms and conditions and payments of applicable fee, if any, to Exam Files, provided however, that Exam Files expressly reserves the right to provide the Service free of charge during the Term, and further provided, that Exam Files, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Service for a fee.

Links to Other Sites and Third Party Materials

In order to use the Service You may need to obtain and/or use certain third-party products, services and/or materials ("Third Party Materials"). Third Party Materials are (i) not licensed hereunder; (ii) not under Exam Files's control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which You need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of the Service. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Service and/or Exam Files's Content (including but not limited to software, Service, audio, video and text) rest with Exam Files and/or its licensors. Unless otherwise specifically provided herein or authorized by Exam Files in writing, all rights in the Service and/or Exam Files's Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service and/or Exam Files's Content. All copyright and other proprietary notices shall be retained on all reproductions.

Exam Files hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material are the properties of their respective owners. Exam Files disclaims any proprietary interests in the intellectual property rights other than their own.

The Exam Files shall conspicuously display graphics that indicates that the Service is provided by Exam Files under the guidelines that may be communicated to You from time to time by Exam Files. Such attribution must provide a direct link to the Website or such other address as Exam Files may designate from time to time.

Feedback

You may from time to time provide suggestions, comments or other feedback to Exam Files with respect to any product, material, software or information provided by Exam Files (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Exam Files. However, Exam Files shall not disclose the source of any feedback without the providing party's consent. Exam Files shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to any Exam Files's privacy policies posted on the Website.

Notice and Procedure for Making Claims of Copyright Infringement

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Exam Files's Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Exam Files and its affiliates and its licensors that Your copyrighted material has been infringed.

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon;
  • A description of where the material that You claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

License to Your Content

You hereby grant Exam Files and Exam Files accepts a non-exclusive and fully transferable, sublicensable and assignable royalty free right to store, load, adapt, modify, revise, transform, alter, create derivative works, install, execute, display and share with any third party or other users of Exam Files's Service and/or Website (to "Use") Your Content in connection with the Exam Files's Service, on the Exam Files's or its affiliates' websites in connection with Exam Files's products and Service pursuant to the terms and conditions of this Terms of Service with the right to sublicense to sublicensee(s) and end users any rights granted hereunder substantially on the terms and conditions set forth herein (the "License").

Unlawful or Prohibited Use

You may not use the Website and/or Service for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website and/or Service. You may not use this Website and/or Service in any manner that could damage, disable, overburden, or impair this Website and/or Service, or that interferes with any third party's use and enjoyment of this Website and/or Service. You agree that You will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website and/or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Exam Files to all users of this Website and/or Service. You shall not institute, assist, or become involved in an attack upon any Exam Files server or otherwise attempt to disrupt the Exam Files servers. ANY ATTEMPT BY YOU TO DAMAGE Exam Files SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF Exam Files IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, Exam Files RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless Exam Files, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service and/or Your Content, including without limitation infringement by Your Content of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.

Linking to the Website

Linking to the Website is permitted provided that You comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Exam Files endorses or sponsors the linker or its site, products or services. You must not use Exam Files intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Exam Files or as otherwise provided herein. Furthermore, You agree to remove the link at any time upon Exam Files's request.

Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by Exam Files.

Exam Files does not bear any responsibility nor assumes any risks if by any reason a Service or the Website breach national law of any state. Those who access this Website or use the Service do so on their own initiative and are responsible for compliance with their national laws.

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