Site Terms and Conditions
Governing Use and Access to TMExam.com
Acceptance of Terms
Welcome to TMExam.com! You may access or obtain unique services, products, information, and community offerings ("Services") provided by TMExam.com ("TMExam.com," "we," or "us") through TMExam.com as a service to the Internet community. Your use of these Services is subject to these Site Terms and Conditions ("Agreement"). By accessing TMExam.com's site and/or using the Services, you agree that you have read and understand this Agreement, and that your use of TMExam.com shall conform to this Agreement. If you register with us for certain Services, this Agreement includes and incorporates additional terms specific to those Services. The additional terms will be presented to you for your acceptance at the time of your registration for those Services. We reserve the right to change or amend this Agreement without notice. See the Section titled "Changes to Agreement" below for details.
User Account, Password, and Security
Proprietary Rights of TMExam.com
TMExam.com and its licensors have expended substantial time, effort, and funds to create TMExam.com and the Services. You acknowledge and agree that TMExam.com or our affiliates exclusively own or has been licensed by third parties to use all rights, title, and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips, and other content (collectively, "Content") provided by TMExam.com.
TMExam.com is copyrighted. TMExam.com owns the copyright in the entire compilation TMExam.com and all of the images located at this site. Copyright in the text of TMExam.com is owned by DShipper, Inc,.
No copyrighted material or other Content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any way whatsoever except as expressly stated either in such materials or in this Agreement without express written permission of TMExam.com or permission of the copyright owner. For permission, email us at Admin@TMExam.com detailing the specific need. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of TMExam.com's copyrights and other proprietary rights. Use of the Content on any other Web site or other networked computer environment is prohibited without prior written permission from TMExam.com.
Trademarks Owned or Licensed by TMExam.com
The trademarks and logos used on TMExam.com's site are owned by TMExam.com and DShipper, Inc.
Special Conditions for International Use and Exports
TMExam.com makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. You access TMExam.com and the Services on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to TMExam.com any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. Residents of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria are not permitted to access and use the Services or TMExam.com, and any such access and use is a violation of this Agreement.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
Certain links are provided that may lead to Web sites maintained by third parties over which we have no control. We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against TMExam.com or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that TMExam.com or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of TMExam.com or any of our affiliates.
It is up to you to take precautions to ensure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items.
Consent to Electronic Communications and Email Solicitation
When you register for Services, you may agree that we may provide you with information and other materials regarding products, services, and other offers from time to time. Such solicitations may take the form of materials mailed to you, telephone calls, email messages, or other forms. Solicitations will be made to the addresses and numbers provided to us in the registration process.
Term of Agreement
This Agreement remains in effect until your membership is terminated by you or TMExam.com. You may terminate your membership upon our receipt of your notice via email to TMExam.com at admin@TMExam.com, and by our subsequently disabling your password and ID. If you are unsatisfied with the Services provided through TMExam.com, your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon our disabling your password and ID. We may notify you of termination of the Agreement via email or other written notice to the address you provide to us in the registration process. After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of, or access to, the Service will be subject to the version of the Agreement then in effect as to all current users. From time to time, the exam material will be changed and TMExam.com must be updated to reflect the public information that is found in the new material. TMExam will do its best to make sure the most up to date information is available to members, but TMExam may be unavailable or the material on TMExam may not be accurate. By using TMExam, you understand that TMExam will not refund your membership fee and is not responsible for for inaccurate information due to a change in exam material or other errors.
Changes to Agreement and Services
We may make changes to this Agreement at any time. Your continued use of the Services indicates your continued agreement to be bound by this Agreement, as changed from time to time. You should view this Agreement often to stay informed of changes that may affect you at http://www.tmexam.com/Terms&Conditions.asp. We strongly suggest you document this URL. If you cannot locate the Terms and Conditions, you agree to notify TMExam.com by emailing us at firstname.lastname@example.org for the location of the terms and conditions. If you have registered with us and provided us with an email address, we may provide you with notice informing you that this Agreement has changed, but such notice shall not be required for the effectiveness of the changes. You agree to check the Services, your mail and/or email on a regular basis to receive important and timely notices from us. TMExam.com may also make changes to the Services and site, including discontinuing any Service or content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. TMExam.com reserves the right to change or add any fees or charges for access or use of TMExam.com or any of the Services at any time.
No Warranties/Limitation of Liability
TMEXAM.COM AND ITS ASSOCIATED SITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER TMEXAM.COM, DSHIPPER, INC NOR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING TMExam.com MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. TMEXAM.COM, DSHIPPER, INC, AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OR INABILITY TO USE TMEXAM.COM OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF.
(I) YOUR USE OF, OR RELIANCE ON, ANY SERVICE OR CONTENT, (II) TMEXAM.COM'S, DSHIPPER, INC'S OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (III) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH TMEXAM.COM OR ITS ASSOCIATED SITES. IN NO EVENT WILL TMEXAM.COM, DSHIPPER, INC, OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All users therefore agree that all access and use of TMExam.com is the user's own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of TMExam.com, DShipper, Inc, and their respective affiliates, officers, directors, employees, agents, contractors, and suppliers shall be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of TMExam.com. Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service.
TMExam.com, DShipper, Inc, and their respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that neither TMExam.com nor DShipper, Inc accept any responsibility for security of information transmitted over the Internet. You also understand that TMExam.com is not affiliated with the Association for Financial Professionals (AFP) and does not own or operate the Certified Treasury Professional (CTP) Exam.
Without limiting any of the foregoing, if TMExam.com, DShipper, Inc, or any of their respective affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, TMExam.com's, DShipper, Inc's and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to TMExam.com for the specific Service or product giving rise to such liability.
The TMExam.com guarantee to extend your membership if you do not pass, or if you transfer your testing date may not be honored if offering, updating, or changing the material will be in violation of any copyright or claim of proprietary information held by another entity. Additionally, TMExam may, at its discretion, require proof of exam date transfer and/or failing to pass the CTP exam.
Your membership, and the guarantee, apply within 14 months of the date we first received your payment. In other words, you can request an extension or continuation of your TMExam subscription up to 14 months from the day you originally paid TMExam, if you show that you did not pass the exam yet.
TMExam.com reserves the right not to honor this guarantee if your account usage exceeds the account User ID usage of 80% of all other customers in the database. Account User ID usage can include any or all of the following: practice exam questions answered, logins, computers used to log in, IP addresses recorded at log in and/or simultaneous logins from multiple computers or IP addresses.
TMExam will deactivate all memberships at the end of each documented CTP Exam testing window, and it is your responsibility to notify TMExam.com, by email to email@example.com, that your membership should be reactivated.
Finally, if we suspect your account is being shared with multiple people (which is a violation of TMExam's terms -- your account, username, and password are meant only to be used by the person who created the account and signed up in the first place), we reserve the right to de-activate the account without a refund. This applies to suspected account sharing or suspected account piracy, and determining this violation is at our sole discretion.
TMExam.com's Distribution of Third-Party Content
TMExam.com does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants in TMExam.com. In other words, TMExam.com is merely a distributor, not a publisher, of such content. Such content may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. TMExam.com does not endorse, is not responsible for, and makes no representations or warranties regarding, such content or its accuracy, supplier ability or fitness for any particular purpose, and TMExam.com shall not be liable for any harm resulting from or in connection with reliance on any such content. In addition, TMExam.com shall not be a party to, or liable in any way for any harm associated with, any transaction between our users and any other user or participant in TMExam.com. Any products or services offered or sold on or through TMExam.com by any person other than TMExam.com are offered or sold subject to terms and conditions solely between our users and such other person or supplier.
This Agreement represent your entire agreement with TMExam.com with respect to your access and use of TMExam.com and the Services. Except for TMExam.com's affiliates, this Agreement does not confer any rights, remedies, or benefits upon any person other than you and TMExam.com. This Agreement may only be amended by a written or electronic form duly accepted and agreed to by TMExam.com and you, or in the manner described in the Section "Changes to Agreement and Service" above. You may not assign this Agreement without the prior written consent of TMExam.com. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. This Agreement shall be governed by and construed under the law of the State of Alabama without regard to conflicts of laws, and the Federal law of the United States.
The practice exams ("Online Course") help members prepare for the CTP. Users of the Online Course receive score reports including practice exam scores. Practice Scores provide helpful information about a student's readiness for the CTP. However, DShipper, Inc does not guarantee that students will receive the same scores on administered tests as they received on practice tests. Additionally, if Practice Scores are used for purposes other than to inform test preparation, such scores should be reviewed and evaluated carefully and considered only one piece of evidence.
TMExam may discontinue your membership at any time if we suspect that you are or have shared any content without notice to you. Content could include information such as User ID and Password or downloadable content.
Any promotional item is subject to availability. You agree TMExam is not responsible for the terms and conditions of any gift cards and is not responsible for items lost in mail or the failure of the gift card company to fulfill the reward. In the absence of availability of an item, you agree to accept a cash equivilant or alternative prize chosen at the discretion of TMExam.com.