Last Updated: June 9, 2010
Your Best Grade, Inc publishes YourBestGrade.com/hesi to allow you a place for online practice and study for the HESI exit exam. HESI is a registered trademark of Elsevier Inc., creator and owner of the official HESI Examinations and Review Materials. Elsevier is not involved in the production of, and does not endorse, this website or its content. This agreement governs your use of this website, and your purchase of services through this website.
TERMS ADDRESSING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
Your Warranty of Non-Infringement
You warrant that you are either the owner of all rights in material you submit to this website, or that you are authorized by the owner of the material to publish or distribute material you submit to this website for processing. You further warrant that your intended use of such material will not infringe any right of the owner of such material.
Ownership of Submitted Material
You may submit material to YourBestGrade.com/hesi through the online forums. You grant Your Best Grade, Inc. a non-exclusive, worldwide, perpetual, irrevocable license to use material you submit in any way Your Best Grade, Inc. wishes.
Claims of Copyright Infringement
If you believe your work has been copied in a way that constitutes copyright infringement, or are aware of any infringing material available through the online forums, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
The email address for notice is email@example.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not respond to any emails sent to this address other than formal copyright infringement claims or counter-claims under the DMCA.
DMCA Counter Notification
If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our service or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it.
GENERAL TERMS APPLICABLE TO YOUR USE OF THIS SITE
The following provisions are specific to your access to this web site.
Categorization of Users of the Website
Certain of the terms of this agreement apply to any person that views this website via any digital medium. Certain other of the terms of this agreement apply only to individuals who have signed up with Your Best Grade, Inc to receive additional content and have received a user name and password to allow access to that additional content.
Throughout this agreement, a person that views the website will be known as a Visitor, and a person who has signed up for additional content and has received a user name and password will be referred to as a Member. Terms applying only to Visitors or to Members will refer to that category of user in the body of the term. Terms that do not refer to Visitors or to Members apply equally to any person that views the website.
Amendments To This Agreement
Your Best Grade, Inc may amend this agreement at any time. Your Best Grade, Inc will post such amendment to the website. All amendments to this agreement except those that apply only to Members become binding upon Your Best Grade, Inc posting it to the website. An amendment to this agreement that affects Members' rights will bind a Member on that Member's first login after the change to the agreement, and on that Member's indicating their acceptance of the amended term by following the instructions provided on the login screen.
License To Use The Site
Your Best Grade, Inc grants you an individual, non-transferable license to use this website to learn about and purchase the services sold herein and to communicate with Your Best Grade, Inc. You may not use this website for any other purpose.
Your Best Grade, Inc. may revoke this license and terminate your account on this website at any time for any reason, without notifying you.
Your Best Grade, Inc allows Members access to certain content through assignment of a user name and password. Your Best Grade, Inc. may charge Members a fee to access that content at its sole discretion. The timing, amount, and manner of fee charges is described in our policies.
The term “Insider” does not imply access to Elsevier’s internal information. It implies access to the Members Only area of this website. Elsevier does not share any proprietary or non-public information about the HESI Examinations.
WARRANTIES, INDEMNIFICATION AND LIMITATIONS ON YOUR RIGHT TO RECOVER
This section contains important limitations to your rights to recover damages from Your Best Grade, Inc. in the event of a dispute. Certain sections are required by law to be made conspicuous. Those sections are presented in bold, italic type. Please read this section carefully.
You Indemnify Your Best Grade, Inc and Its Agents
You shall indemnify Your Best Grade, Inc and its agents against all claims arising out of or related to your breach of this agreement. You shall indemnify Your Best Grade, Inc and its agents against all claims arising out of or related to any content you submitted for printing. You shall pay reasonable legal fees and expenses in connection with the above indemnification. Your Best Grade, Inc's agents include its directors, officers, shareholders, and employees.
Your Warranty of Non-Infringement
You warrant that you are either the owner of all rights in material you submit to Your Best Grade, Inc, or that you are authorized by the owner of the material to print or distribute material you submit to Your Best Grade, Inc for processing. You further warrant that your intended use of such material will not infringe any right of the owner of such material.
Your Best Grade, Inc's Disclaimer of Warranties Of Functionality Of The Website
Your Best Grade, Inc disclaims any warranty that your use of the website will be uninterrupted, timely, secure, or free from error. Your Best Grade, Inc disclaims any warranty that information on the YourBestGrade.com/hesi website will be accurate or reliable. Your Best Grade, Inc disclaims any warranty that defects in the website will be corrected.
Limitation of Liability
You use this website at your own risk. Your Best Grade, Inc will not be liable for damages arising from or related to your use of the YourBestGrade.com/hesi website or from your use of products purchased via the YourBestGrade.com/hesi website, regardless of the form of action, whether in contract, tort, strict product liability or any other theory of damages, even if you have been advised of the possibility of such damages.
As the exclusive means of resolving any disputes arising out of or relating to this agreement, you may submit any such dispute to arbitration administered by the American Arbitration Association under its commercial arbitration rules, and you consent to any such dispute being so submitted. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.
Your Best Grade, Inc is entitled to recover from you reasonable costs and attorney's fees it may expend in representing itself in a dispute with you arising out of or relating to this agreement, whether such dispute is adjudicated in a court or arbitrated.
Any claim you may have against Your Best Grade, Inc arising out of or related to this agreement is barred if not initiated within one year of the act that you claim caused the damage that leads to the dispute, irregardless of when such act or such damage is discovered.
GENERAL AGREEMENT CLAUSES
The following clauses address miscellaneous issues that may arise during the existence of this contract.
Assignment of Rights and Delegation of Duties
You may not assign the rights granted to you by this agreement or delegate the duties assigned to you by this agreement without Your Best Grade, Inc's prior written consent. In the event you attempt to assign your rights or delegate your duties, any purported assignment or delegation is void. Your Best Grade, Inc may assign the rights granted in this Agreement or delegate the duties it assumes under this Agreement at any time without notifying you or obtaining your consent.
No provision in this Agreement may be waived. Neither trade usage nor a course of dealings between Your Best Grade, Inc and you will operate as a waiver of a provision of this agreement.
The laws of the State of New York, without regard to its law about the conflict of laws, governs this agreement and any dispute arising out of or related to it.
This document constitutes the sole expression of your agreement with Your Best Grade, Inc The provisions of this agreement cannot be explained or modified orally or through evidence of trade usage or a course of dealings. No provisions of this agreement may be added or deleted orally or through evidence of trade usage or a course of dealings.
If any provision of this agreement is judged unenforceable the remaining provisions of this agreement remain in full force, if the essential terms of this agreement remain enforceable.
The courts in the State of New York, either state courts or federal courts are the only venues in which a suit arising out of or related to this agreement may be adjudicated, with the exceptions that judgment on an award in arbitration of this agreement may be entered in any court having jurisdiction.
Contact Your Best Grade, Inc
Please feel free to contact us by email through our "Contact" page or by writing us directly at firstname.lastname@example.org