Governing access to and use of INeedAPencil.com and all related servicesAcceptance of TermsWelcome to the INeedAPencil.com, your home for effective and enjoyable SAT preparation! You may access and use proprietary methods, services and information (“Services”) provided by I Need a Pencil, LLC (“INeedAPencil.com,” “We,” “Us”) at INeedAPencil.com. Your use of aforementioned services is subject to the following terms of use. Your access to and/or use of aforementioned service represents your acknowledgment that you have read, understand and agree to comply with this agreement. We reserve the right to amend the terms of use.
Proprietary Rights of INeedAPencil.comYou agree that all content, features and methods used on INeedAPencil.com are the sole property of INeedAPencil.com or the appropriately acknowledged entities.
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TrademarksThe pencil logo, “INeedAPencil.com” and “I Need a Pencil” are proprietary trademarks of I Need a Pencil, LLC. The “SAT” and “College Board” are trademarks of the College Entrance Examination Board. All other trademarks and copyrighted material belong to I Need a Pencil, LLC or the respective trademark holders.
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Term of AgreementThis Agreement remains in effect until terminated by you or INeedAPencil.com. Registration for the program indicates acknowledgment of these terms. You may terminate this Agreement upon our receipt of your notice via email to info@INeedAPencil.com, and by our subsequently disabling your account or by following the on-screen instructions to delete your account. If you are unsatisfied with the Services provided through INeedAPencil.com, your sole remedy is to terminate this Agreement. We do not provide any form of compensation or indemnification. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time. 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.
Changes to Agreement and ServicesWe reserve to the right to make changes to this Agreement at any time without notice. Your continued use of the Services indicates your continued agreement to be bound by this Agreement, as the terms may be changed from time to time. You agree to check the Services, your mail and/or email on a regular basis to receive important and timely notices from us. INeedAPencil.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.
Disclaimer of Warranties/Limitation of LiabilityI NEED A PENCIL, LLC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OF THE PRODUCTS OR SERVICES REFERRED TO ON THIS WEB SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE HEREBY EXCLUDED.
IN NO EVENT SHALL I NEED A PENCIL, LLC BE LIABLE FOR ANY DAMAGE TO HARDWARE OR SOFTWARE BY ANYONE ACCESSING THIS WEB SITE; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES; OR FOR CLAIMS OF DAMAGES MADE BY ANY PARTY USING THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION.
I NEED A PENCIL, LLC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO INFORMATION PROVIDED BY THIRD PARTIES OR TO THE PERFORMANCE OR MERCHANTABILITY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE PROMOTIONAL COMMUNICATIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. FOR INFORMATION REQUESTED BY THIRD PARTIES WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE PRIVACY OR SECURITY (INCLUDING CREDIT CARD AND OTHER PERSONALLY IDENTIFIABLE INFORMATION). Without limiting any of the foregoing, if INeedAPencil.com 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, INeedAPencil.com’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 INeedAPencil.com for the specific Service or product giving rise to such liability.
MiscellaneousThis Agreement and the Privacy Policy represent your entire agreement with INeedAPencil.com with respect to your access and use of INeedAPencil.com and the Services. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors. Should any provision of this Agreement be held to be void 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 Florida, without regard to conflicts of laws, and the Federal law of the United States.
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