Welcome to Innovative Test Prep!

Terms and Conditions

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Innovative Test Prep, Inc. from time to time, such modifications to be effective upon posting by Innovative Test Prep on the Website. This Agreement includes Innovative Test Prep's Acceptable Use Policy for Content Posted on the Website, Innovative Test Prep's Privacy Policy, Innovative Test Prep's subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. Copyright/Use.

A) The information available through the Service is the property of Innovative Test Prep, Inc., or its licensors, and is protected by copyright and other intellectual property laws. Any printouts using or referencing content from the Service shall contain the following copyright notice: "Copyright © 2006, Innovative Test Prep, Inc., ALL RIGHTS RESERVED" along with Innovative Test Prep's logo that appears above, and you may not delete or alter the copyright notice(s) included on any downloaded file. You are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the user name and password. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone else without the express prior written consent of Innovative Test Prep, Inc. You may use information from the Service within your company, but copying, distributing or otherwise making available Innovative Test Prep's or its licensors' copyright-protected content from the Service to third parties is forbidden. You are prohibited from: (i) using or permitting the use of the information to prepare an original database that is sold, rented, published, or furnished in any manner to a third party or (ii) using or permitting the use of the information to prepare a comparison to other databases that is sold, rented, published, or furnished in any manner to a third party; (iii) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party.

B) (i) Accounts accessed with individual user name and password are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the user name and password; (ii) Accounts accessed through IP authentication or referring URL are granted a non-exclusive, concurrent, non-transferable, limited license to access the Service. Access to the Service is limited to the number of simultaneous users specified in your order. In the event an account reaches the concurrency limit, Innovative Test Prep's reserves the right to deny access to any and all users in excess of the number of simultaneous users specified on the order. Any account accessed with individual user name and password, whether concurrent or non-concurrent, is subject to the restrictions regarding sharing of user name and password previously set forth.

C) Innovative Test Prep, Inc., reserves the right to monitor your use of the Service to ensure compliance with this Agreement and prevent fraudulent use. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive downloads or a disproportionate number of users. Systematic access or extraction of content from the Service, including, but not limited to, the use of "bots" or "spiders," is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, Innovative Test Prep, Inc. reserves the right to take such action as it deems necessary, including, but not limited to, assessing additional charges for users or downloaded records in excess of the number authorized, or suspension or termination of the account.

2. Warranties/Limitations.

A) Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service.

B) THE SERVICE IS PROVIDED ON AN "AS-IS", "AS AVAILABLE" BASIS. INNOVATIVE TEST PREP, INC., AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER INNOVATIVE TEST PREP, INC., NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL INNOVATIVE TEST PREP, INC., ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE SUBSCRIBER IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER AGREES THAT THE LIABILITY OF INNOVATIVE TEST PREP, INC., ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THE SUBSCRIBER PAID TO INNOVATIVE TEST PREP, INC. FOR USE OF THE SERVICE.

3. Privacy.

Registration data and other information about you is subject to Innovative Test Prep's Privacy Policy. If you are located outside the United States, by subscribing to Innovative Test Prep's you consent to your data being sent to the United States.

4. Subscriptions.

(a) General. Innovative Test Prep, Inc. bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Innovative Test Prep, Inc. all charges at the prices then in effect for any use of the Service using your Billing Account, and you authorize Innovative Test Prep, Inc. to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Innovative Test Prep, Inc. reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(b) Subscription Term. The term of your subscription is based on the day that you become a member of the website to the same day of the next month. For example, if you purchase a membership on September 15, 2006 your subscription term will last until October 15, 2006.

(c) Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring monthly charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. INNOVATIVE TEST PREP, INC. MAY SUBMIT MONTHLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY INNOVATIVE TEST PREP, INC. ) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE INNOVATIVE TEST PREP, INC. REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.

(d) 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 INNOVATIVE TEST PREP, INC. IF YOUR PAYMENT METHOD IS CANCELED (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. IF YOU FAIL TO PROVIDE INNOVATIVE TEST PREP, INC. ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT INNOVATIVE TEST PREP, INC. MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY INNOVATIVE TEST PREP).

(e) 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 (the "Payment Method Provider"). If Innovative Test Prep, Inc. does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

(f) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Innovative Test Prep, Inc. shall provide, notice of the amount to be charged and the date of the charge at least 5 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Innovative Test Prep, Inc. may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

(g) Auto-renewal. Your Innovative Test Prep subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If you cancel your account, you may use your subscription until the end of your then-current subscription term; 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.

(h) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Innovative Test Prep, Inc. is authorized to charge your Payment Method. Innovative Test Prep, Inc. may submit those charges for payment and you will be responsible for such charges. This does not waive Innovative Test Prep, Inc. 's 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 subscribed to the Service.

(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact customer support to have the charges reversed.

5. Changes.

We may change the terms of this Agreement at any time. The current version of Terms and Conditions will be posted here.

6. General.

This Agreement contains the final and entire agreement between us and supersedes other verbal or written negotiations, understandings or agreements. Your rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Texas.

The use of Services under this Agreement applies to your company as it exists today, and may be used only to support your U.S. business. Future acquisitions by your company of, or future acquisitions of your company by, other companies ("Acquired/Acquiring Companies") shall not be included in this Agreement. Acquired/Acquiring Companies shall continue to receive services pursuant to the terms and conditions of their current agreement ("Existing Agreement") and shall not be included as an Included Entity under this Agreement.

Updated October 2006