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THIS AGREEMENT WAS LAST UPDATED ON December 19, 2006.

PLEASE SCROLL DOWN AND READ THE TERMS OF USE BELOW.

These Terms of Use govern your use of TurboTestPrep.com and, unless other terms and conditions expressly govern, any other electronic “Services” from TurboTestPrep.com which may be made available from time to time (each, a “Service”).

If you do not agree to be bound by the terms of this Agreement do not proceed with the enrollment process for the respective “Service”. To the extent you have access to, or are using, a “Service” without having completed our enrollment process, you are hereby notified that your continued use of a “Service” is subject to many of the terms and conditions of this Agreement as explained below.

1. Changes to Terms of Use.

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time by going to the Help section of a “Service”. You signify that you agree to be bound by such changes by using a “Service” after changes are made to this Agreement.

2. Privacy and Your Account.

Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States. If your access to a “Service” has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a Third Party), the Third Party may have provided us with information about you to enable us to provide you with access to the “Service” and distinguish you from other members (such as your email address or name). If you access a “Service” using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a “Service”, they will have the ability to view information about your account and make changes through the website for the “Service”. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

3. Fees and Payments.

You agree to pay the course fees and any other charges incurred in connection with your user name and password for a “Service” (including any applicable taxes) at the rates in effect when the charges were incurred. If your enrollment includes access to areas containing premium content or “Services”, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your Paypal account. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different method of payment or there is a change in the validity of your method of payment you are subject to the terms and conditions of your Paypal account for any such changes. If you believe someone has accessed a “Service” using your user name and password, you must notify the TurboTestPrep.com Administrator(admin) immediately. You are responsible for any fees or charges incurred to access a “Service” through an Internet access provider or other third-party “Service”.

4. Renewal.

Your course enrollment will not renew automatically unless otherwise specified in writing in the course description.

5. Exceptions for Various Types of Enrollments; Other Users. (reserved)

6. Limitations on Use.

a. Only one individual may access a “Service” at the same time using the same user name or password, unless we agree otherwise.

b. The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the Content) available through the “Services” is our property or the property of our advertisers and licensors and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the “Services” to anyone, including, if applicable, your fellow students or employees.

c. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or “Service”. You agree not to post any content from the “Services” to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent. To request consent for this and other matters, please contact the TurboTestPrep.com Administrator(admin).

d. You agree not to use the “Services” for any unlawful purpose. We reserve the right to terminate or restrict your access to a “Service” if, in our opinion, your use of the “Service” may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

7. Third Party Web Sites, “Services” and Software.

We may link to, or promote, web sites or “Services” from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, “Services” and software.

8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE “Services”S AND THE CONTENT AVAILABLE THROUGH THE “Services” IS ON AN AS-IS, AS AVAILABLE BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We also do not express or imply that the use of this “Service” will guarantee the successful completion of testing requirements to obtain desired Licenses or Certifications of individuals enrolled to this “Service”. The ability to successfully complete testing requirements is solely determined by the user's skill level and ability to apply the knowledge acquired from this “Service”. TURBOTESTPREP.COM WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE “Services” FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE EXCLUDED DAMAGES), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF TURBOTESTPREP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE TURBOTESTPREP.COM LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

9. General.

This Agreement contains the final and entire agreement between us regarding your use of the “Services” and supersedes all previous and contemporaneous oral or written agreements regarding your use of the “Services”. We may discontinue or change the “Services”, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Florida, United States of America applicable to contracts made entirely within Florida and wholly performed in Florida, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Florida. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

10. Additional Terms and Notices.

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