Terms Of Sale

This Agreement sets forth the terms governing your use of TESTS.COM's Products and Services for both Individual (single user) and Group (multi-user) purchases.  To agree to these terms, click "Agree".  If you do not agree to these terms, do not click "Agree" and do not complete the purchase process.

Due to the complicated nature of test assessment, TESTS.COM recommends that you use a variety of study tools and methods in preparation for your test, including class notes, text books, study guides and other study aids.

TESTS.COM'S TestSim platform allows the test-taker to simulate the number of questions, time, subject matter and general format that will be on an actual exam.  It affords a way to take timed tests on the same subject matter to practice test taking skills. The actual exam may use algorithms and weighted measuring in scoring which TESTS.COM cannot replicate with any degree of certainty.  As such, the scoring on TESTS.COM's TestSim platform cannot be used as a measure of how well one will do on the actual exam or if one is prepared. Whether one is prepared to take and pass the actual exam is a complicated personal assessment that only the test-taker can make.

TESTS.COM SERVICE

TESTS.COM LLC is the provider of the products and services, which permits you to purchase or license digital content ("Tests.com Product(s)") for end user use only under the terms and conditions set forth in this Agreement.

REQUIREMENTS FOR USE OF THE TESTS.COM SERVICE

This TESTS.COM Service is available for individuals aged 18 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian and have them complete the transaction.

Use of the TESTS.COM Service requires a computer, smart phone, tablet or other compatible device, internet access and an internet browser; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that meeting these requirements, which may change from time to time, is your responsibility. The TESTS.COM Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee your access to the TESTS.COM Service.

SATISFACTION GUARANTEE AND REFUNDS

If you are not satisfied with the TESTS.COM product that you purchased, you may receive a full refund of the purchase price upon the following terms, if you contact TESTS.COM in accordance with the following instructions:

Individual or single user purchasers that do not pass their test or are not satisfied with the TESTS.COM products may receive a refund if the individual contacts TESTS.COM via http://www.tests.com/contactus wihtin four (4) years of the date of purchase of the subject product.

Group or multi-user purchasers that are not satisfied with the TESTS.COM products may receive a refund if the group purchaser contacts TESTS.COM within sixty (60) days of purchase of the subject products via  http://www.tests.com/contactus.

Please include the following information in the email to allow TESTS.COM to access your account information: your name, email address and the type of practice test you purchased. All sales of products are final after the expiration of the refund contact period.  Refunds are typically processed the same business day as we receive them however your bank may take a couple days to process it.
  
If a purchase and refund involves print material that the customer receives in the mail, the customer agrees to ship the material back to the publisher at the customer's own cost, in its original condition, and the refund will be issued upon receipt of the returned material by publisher. Original condition means the print material must be in the condition it was shipped to the customer, without tears, folds, writing, highlighting or other changes to the condition.

No refunds are given on accounts that are suspended for violation of TESTS.COM's usage rules or other policies.

YOUR ACCOUNT

As a registered user of the TESTS.COM Service, you may establish an account ("Account"). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify TESTS.COM of any security breach of your Account. TESTS.COM shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to purchase and download TESTS.COM Products from the TESTS.COM Service, you must enter your TESTS.COM ID and password to authenticate your Account. Your Account will be active for the term of your subscription. The term of your subscription can be found on your receipt that was emailed to the email address used to form your account at the time of purchase or by going to the My Account page in Account Settings. Upon the expiration of your subscription, your Account will be inactivated.

You agree to provide accurate and complete information when you register with, and as you use, the TESTS.COM Service ("TESTS.COM Registration Data"), and you agree to update your TESTS.COM Registration Data to keep it accurate and complete. You agree that TESTS.COM may store and use the TESTS.COM Registration Data you provide for use in maintaining and billing fees to your Account.

ELECTRONIC CONTRACTING

Your use of the TESTS.COM Services includes the ability to enter into agreements and/or to make transactions electronically. YOU AGREE TO THE TERMS OF SALE IF YOU PURCHASE A TESTS.COM PRODUCT OR ACCESS A TESTS.COM PRODUCT. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE TESTS.COM WEBSITE OR VIA EMAIL, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

TESTS.COM is not responsible for typographic errors.

PAYMENTS, TAXES AND LIMITATION OF DAMAGES

The TESTS.COM Services accept payment by credit cards issued by U.S. banks. If a credit card account is being used for a transaction, TESTS.COM may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.

You agree that you will pay for all products you purchase through the TESTS.COM Services, and that TESTS.COM may charge your credit card account for any products purchased in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TESTS.COM WITH VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account you designate during the registration process.

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.

We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

Please note: The sales tax indicated on the checkout form is an estimate. The sales tax ultimately charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes.

Prices for products offered via the TESTS.COM Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by TESTS.COM.

Preparing for and obtaining a successful result on a test is a complicated process.  A test-taker is reasonably expected to rely on his or her education, class textbook, class notes, study guides and other such study materials, including putting in the needed time and attention, to study for and prepare for a test.  A practice test is one component of test preparation and you agree that your result on your test will depend on and be determined by other factors beyond the control of TESTS.COM and its practice test.  Accordingly, if you fail your test, you agree that your sole remedy is refund of the purchase price that you paid for the TESTS.COM product.   You agree that TESTS.COM shall not be liable for any damages, including direct, indirect, consequential, incidental, punitive, loss of profits or revenue, whether brought in warranty, contract, tort or under any other legal theory.

PDF PRODUCTS DELIVERY AND DOWNLOADING

When you first purchaseTESTS.COM Products in a PDF format (PDF content), you may elect to view the PDF content on TESTS.COM or download the PDF content immediately or at a later time after purchase.  You are only permitted one download of the PDF content.  After downloading the PDF content, you will no longer be able to access the PDF content on TESTS.COM.  Prior to download, you will have access to the PDF content for the term of your subscription. When your subscription expires, TESTS.COM will no longer be responsible for providing the PDF content for access or download and TESTS.COM shall have no liability to you in such event.

As you may not be able to subsequently download certain previously-purchased PDF content, once you download an item of PDF content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.

ONLINE / INTERACTIVE TEST PRODUCT

The TESTS.COM Products in an interactive format ("interactive content") are licensed, not sold, to you. Your license to the interactive content that you obtain through the TESTS.COM Services is subject to your prior acceptance of this License Agreement and you agree that the terms of this License Agreement will apply to each TESTS.COM Product in the form of interactive content that you license through the TESTS.COM Service.

TESTS.COM grants you a limited single user license to access and make use of the interactive content and not to download (other than page caching) or modify it, or any portion of it. This license does not include any sharing or resale or commercial use of the interactive content or any derivative use of the interactive content. Any unauthorized use terminates the permission or license granted by TESTS.COM.

As a licensee of the interactive content, you will have access to the interactive content for the term of your subscription. To ensure the security and integrity of our testing system, we take measures to protect against robots and other automated interactions, unauthorized online crawlers and other noncompliant or otherwise negative impact use by any and all users of TESTS.COM. As such, TESTS.COM  utilizes a number of security methods and technologies, including but not limited to: IP address checks, computer cookies, checks for unusual testing behavior and high click counts.  TESTS.COM reserves the right to pause or suspend a user's account based on those security checks.  If your account is paused or suspended for any reason, please contact our administrator via http://www.tests.com/contactus.

USAGE RULES

When you purchase a TESTS.COM Product as an individual, under a single user license, only you are authorized to use the product.  A single user license only allows the person who purchased the TESTS.COM Product to use the product.  Reselling or sharing the product with students, co-workers, friends or others is prohibited.  For educators and others wanting to purchase for more than one user, we offer a discounted multi-user license. (See the Group and Multi-User Purchases section below). 

TESTS.COM grants you a non-exclusive, non-transferable, non-assignable, non-sub licensable right and license to use the TESTS.COM Product that you purchase. No part of the product may be reproduced or distributed without prior written permission of the publisher.

You agree that the TESTS.COM Service and certain TESTS.COM Products include security technology that limits your use of TESTS.COM Products and that, whether or not TESTS.COM Products are limited by security technology, you shall use TESTS.COM Products in compliance with the applicable usage rules established by TESTS.COM and its licensors ("Usage Rules"), and that any other use of the TESTS.COM Products may constitute a copyright infringement. Any security technology is an inseparable part of the TESTS.COM Products. To protect against unauthorized use, a single user license is limited to the taking of practice tests that include, cumulative, 20,000 questions in any one account.

TESTS.COM reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason-or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by TESTS.COM for compliance purposes, and TESTS.COM reserves the right to enforce the Usage Rules without notice to you.

You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

TESTS.COM reserves the right to terminate any single user or multi-user license or account, in whole or in part, for use of the TESTS.COM Product that is unauthorized, noncompliant with these terms or that otherwise causes a negative impact to TESTS.COM's products and services.  You agree that no refunds will be due on accounts that are suspended due to violatoins of TESTS.COM's susage rules or other policies.

MEDICAL CODING CPT®  LICENSING

TESTS.COM holds a license from the American Medical Association (AMA) to cite the CPT manual in its Medical Coding Practice Exam. Part of the licensing agreement requires TESTS.COM to disclose to the AMA the name, city and state of those who purchase our Medical Coding Practice Exam to account for their royalty.  By purchasing our Medical Coding Practice Exam, you agree to the disclosure of this limited information to the AMA.

GROUP AND MULTI-USER PURCHASES

A “group” or "multi-user" purchase is a purchase of two or more downloads and/or licenses of the same product in one purchase transaction where accounts are given to two or more individual group members.

A group or multi-user purchaser (hereinafter "group purchaser) may purchase multiple licenses in group formats or group accounts to use TESTS.COM Products and distribute downloads and/or licenses to its group members.  Group purchasers may only distribute as many downloads and/or licenses as paid for and indicated in the quantity field in the sale transaction. Only one download and/or license transfer is permitted per download and/or license purchased. When a group purchaser transfers a download and/or license to a group member, the rights granted herein shall be the individual group member's, who receives the download and/or license, as long as the individual group member is engaged in the common activity of the group or is enrolled in an institutional program where the institution is the group or multi-user purchaser. When an individual group member receives a download and/or license from a group purchaser, the individual group member becomes the end-user and subject to the terms of this agreement as both a single user and group member.  BY ACCESSING AN ACCOUNT SET UP FOR YOUR BENEFIT, YOU, AS AN INDIVIDUAL GROUP MEMBER, IN A GROUP OR MULTI-USER ACCOUNT, AGREE TO THESE TERMS OF SALE. Group purchasers remain subject to these terms after download and/or  tranfer or assignment of the licenses to group members.  Excepting the initial downloand and/or transfer or assignment of a license by a group purchaser to an individual group member, group purchasers and members shall not transfer or assign, or otherwise share, the product with others.  Group purchasers shall not reassign an account to a different person after the initial assignment nor accept an assignment back from a group member or reassign a previously assigned account. 

Group purchasers may obtain reimbursement for the cost it pays to TESTS.COM for a download and/or license for another person, like students enrolled in an institutional buyer’s educational programs, from the person for whom the license is formed.  A group purchaser may seek reimbursement if he or she purchases a download and/or license for another person and the group purchaser has a relationship with each group member beyond the forming of the TESTS.COM accounts, like being in a study-group together.  In no event may a group purchaser utilize the group purchase process solely for commercial gain, where the group buyer has no relation to the group members other than the forming of the TESTS.COM account.

Group purchasers, like schools, employers, professional organizations and test preparation companies, that purchase TESTS.COM Products in a group or multi-user format or group or multi-user account, may in their discretion give their administrators and /or teachers access to individual group member accounts where test results are provided for the purpose of managing the accounts and/or for educational purposes.  IF YOU ARE A MEMBER OF A GROUP OR MULTI-USER ACCOUNT, YOU AGREE TO ALLOW GROUP ADMINISTRATORS AND/OR TEACHERS TO ACCESS YOUR ACCOUNT AND TEST RESULTS FOR THE PURPOSE OF MANAGING THE ACCOUNTS AND/OR EVALUATING YOUR KNOWLEDGE IN THE COURSE MATERIAL. Group purchasers agree to not disclose the test results of any group member found in a group member’s Tests.com account to third parties without the written consent of the group member.

There are special refund limitations on group accounts that are specified in the Refund section herein.

TERMS OF USE AND PRIVACY POLICY

The TESTS.COM site usage rules and policies, set forth in its Terms of Use and Privacy Policy, are incorporated into these Terms of Sale.