Effective Date: September 1, 2017
This is a legal agreement between you, the potential user of this website ("you"), and MCQdb / PowerPrep ("MCQdb"). Your use of MCQdb's products, services and web sites, this website (“Site”), or any of the products and services offered on this Site (collectively, the “Services”) is conditioned on your acceptance, without modification, of these Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Services. You accept the Terms by using the MCQdb Services in any way. In this case, you understand and agree that MCQdb will consider your use of the Services as agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and any additional terms that you agree to.
MCQdb may, at its sole discretion, modify these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MCQdb WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
MCQdb is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which MCQdb provides, may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that MCQdb may stop (permanently or temporarily) providing any of the Services to you or to users generally at MCQdb's sole discretion, without prior notice to you. You may stop using the Services at any time.
You acknowledge and agree that if MCQdb disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.
Use Of The Services By You
In order to access certain Services, you may be required to sign up for an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, United Kingdom, India, and other relevant countries). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by MCQdb, unless you have been specifically allowed to do so in a separate agreement with MCQdb. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with MCQdb, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
You agree that you are solely responsible for (and that MCQdb has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MCQdb may suffer) of any such breach.
Accounts, Passwords, And Security
You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to MCQdb for all activities that occur under your account. MCQdb is not responsible whatsoever for any actions taken under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify MCQdb immediately at support@mcqdb.com.
Content In The Services
You understand that all information (such as files, media, images, text) which you may have access to as part of, or through your use of, the Services is the sole responsibility of the source from which such content originated. All such information is referred to here as the "Content". MCQdb does its best to give proper credit to the source from which the data was indexed. MCQdb's search engine lays no claim to the ownership of the content originated at these sites. If some Content is cached, it is done for the sole purpose of providing users with the best possible service. If you think that any Content is objectionable, please inform MCQdb at your convenience.
MCQdb respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a notice of copyright infringement containing the following information to legal@mcqdb.com:
A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has been allegedly infringed.
A description of the copyrighted work or other material being infringed.
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MCQdb is capable of finding and verifying its existence;
The notifier’s address, telephone number, and email address.
A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury that all the above information is accurate, and that the notifying party is authorized to act on the behalf of the copyright owner.
You agree that you are solely responsible for (and that MCQdb has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which MCQdb may suffer) by doing so.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.
MCQdb's And Your Proprietary Rights
Unless you have agreed otherwise in writing with MCQdb, nothing in the Terms gives you a right to use any of MCQdb's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by MCQdb, you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Paid Services. Certain of our Services, including MCQdb Pro, may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to the account settings on MCQdb, Stripe, Apple iTunes, or Google Play as applicable.
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorize (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through your account settings or terminate your Company account before the end of the recurring term. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, MCQdb will not refund any fees that you have already paid.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@MCQdb.com.
Termination Of Relationship With MCQdb
MCQdb may, at any time, terminate its legal agreement with you, including termination of your account, if you breach any provision of the Terms, as per the sole discretion of MCQdb. MCQdb holds the right to deny you Services without any express reason. MCQdb may also terminate the relationship with you if MCQdb is legally required to do so (e.g., when provision of Services provided by MCQdb is, or becomes, unlawful); or if the partner(s) with whom MCQdb offered the Services to you has terminated its relationship with MCQdb or ceased to offer the Services to you; or the provision of the Services to you by MCQdb is, in MCQdb's opinion, no longer commercially viable.
You’re free to stop using the Services at any time, by contacting us at support@MCQdb.com; please refer to our Privacy Policy, as well as the licenses described herein, to understand how we treat information you provide to us after you have stopped using our Services. Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available". In particular, MCQdb, its subsidiaries and affiliates, and its licensor or suppliers do not represent or warrant to you that:
Your use of the Services will meet your requirements,
Your use of the Services will be uninterrupted, timely, secure, or free from error,
Any information obtained by you as a result of your use of the Services will be accurate, reliable, or legal and
That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from MCQdb, or through or from the Services shall create any warranty not expressly stated in the terms.
MCQdb further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent allowed by applicable law, MCQdb (and its licensor or suppliers) are never liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:
Any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
Any changes which MCQdb may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
The deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services.
Your failure to provide MCQdb with accurate account information;
Your failure to keep your password or account details secure and confidential.
The limitations on MCQdb's liability to you above shall apply whether or not MCQdb has been advised of or should have been aware of the possibility of any such losses arising.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contact, strict liability, or otherwise) shall MCQdb (or its licensor or suppliers) be liable to you or to any other person for any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to MCQdb in connection with the services in the twelve (12) month period preceding this applicable claim.
Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, you agree to indemnify and hold MCQdb, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.
The manner, mode, and extent of advertising by MCQdb on the Services are subject to change without specific notice to you. In consideration for MCQdb granting you access to and use of the Services, you agree that MCQdb may place such advertising on the Services.
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
Both you and MCQdb acknowledge that the Terms are concluded between you and MCQdb only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that MCQdb, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, MCQdb, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and MCQdb acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and MCQdb acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
The Services may include hyper-links to other web sites or content or resources. MCQdb may have no control over any web sites or resources which are provided by companies or persons other than MCQdb.
You acknowledge and agree that MCQdb is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
You acknowledge and agree that MCQdb is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with MCQdb and limits the manner in which you can seek relief from us. Both you and MCQdb acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, MCQdb’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Arbitration Rules. Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Seattle, Washington, USA. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. MCQdb will pay all arbitration fees for claims less than $75,000. MCQdb will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Small Claims Court. Furthermore, either you or MCQdb may assert claims, if they qualify, in small claims court in Seattle, Washington, USA or any United States county where you live or work.
Waiver of Jury Trial. You and MCQdb waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and MCQdb are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and MCQdb over whether to vacate or enforce an arbitration award, you and MCQdb waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputers within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.
Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: PowerPrep, 200 Sect. 7 Ext, Jodhpur, Raj 342003 (Attn: General Counsel) or McqDB LLC. , 15615 NE 106th Ct, Redmond, Washington 98052, USA postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
Exclusive Venue. If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or MCQdb to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and MCQdb agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Seattle, Washington.
General Legal Terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or media, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. In the event the Terms do not affect your legal relationship with these other companies or individuals.
You and MCQdb agree that the Terms constitute the complete and exclusive legal agreement between you and MCQdb and govern your use of the Services (but excluding any services which MCQdb may provide to you under a separate written agreement), and completely supersede and cancel any prior written and oral agreements, communications and other understandings between you and MCQdb in relation to the Services and the subject matter of the Terms.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that MCQdb may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MCQdb, and you do not have any authority of any kind to bind MCQdb in any respect whatsoever.
You agree that MCQdb may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if you or MCQdb do not exercise or enforce any legal right or remedy which is contained in the Terms (or which you or MCQdb have the benefit of under any applicable law), this will not be taken to be a formal waiver of you or MCQdb's rights and that those rights or remedies will still be available to you or MCQdb.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed to the minimum extent necessary from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be in full force and effect and enforceable.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without MCQdb’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, USA, without regard to the conflicts of laws provisions thereof.
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