WePassed Terms and Policies

THIS IS A CONTRACT. PLEASE READ THESE TERMS AND POLICIES CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE AND ITS SERVICES AND PROGRAMS IN ANY WAY YOU GIVE YOUR ASSENT TO THESE TERMS AND POLICIES. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS AND POLICIES, YOU HAVE NO RIGHT TO USE THIS WEBSITE AND ITS SERVICES AND PROGRAMS.

 TERMS OF USE

1. Acceptance of the Terms
2. Applicable Law
3. Warranties and Disclaimers
4. Links to Other Sites
5. Intellectual Property
6. Feedback and Postings
7. Claims of Copyright Infringement
8. User Material
9. Unlawful or Prohibited Use
10. Indemnification

PRIVACY POLICY

1. Our Commitment to Privacy
2. Our Commitment to Security
3. The Information We Collect
4. How Your Information Is Used
5. Connection with Third Parties
6. In the Event of Merger or Sale
7. Lawful Disclosure

 

TERMS OF USE

WePassed LLC ("WEPASSED") owns and operates this website www.wepassed.com and other domains associated with, or subdomains included within, this internet website ("Website"). WEPASSED makes all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and Services operated through the Website, available for your use subject to the terms and conditions set forth in this Agreement. By entering into this Agreement and accessing and using this Website, using the Services, downloading any products or uploading any material, or browsing the Website, you agree to be bound by the following Agreement and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all the terms of this Agreement, you should NOT use this Website or any Services or programs available through this Website. Also, when you use any current or future Services or visit or purchase from any business affiliated with WEPASSED, whether or not included in the Website, you may be subject to the guidelines and conditions applicable to such services or business.

In addition, if you register as a user of, or subscribe to, any of the features of our Websites or Services offered through our Websites, during the registration or subscription process you may be prompted to click an “I Accept,” “Submit” or similar button; your clicking on such button will further confirm your agreement to be legally bound by these Website Terms and Policies and any additional terms and conditions of service that we may present to you at that time.

WEPASSED reserves the right to change these Terms and Policies at any time, and solely at our discretion without notice. IT IS YOUR RESPONSIBILITY TO CHECK BACK HERE REGULARLY.

These Terms and Policies shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the State of Maryland for any claim or cause of action arising out of, or relating to or in connection with these Terms and Policies or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by WEPASSED.

WEPASSED does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.

ALL CONTENTS, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WEPASSED HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT AND SERVICES. WEPASSED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OR UNINTERRUPTED AVAILABILITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. WEPASSED DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY WEPASSED ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

WePassed Website is designed for EDUCATIONAL PURPOSES ONLY. WEPASSED is not engaged in rendering medical advice or professional services. WEPASSED will not be liable for any complication, injuries, or other medical accidents arising from or in connection with the use of, or reliance upon, any information on this Website.

WEPASSED offers no guarantee with respect to your exam outcome including final marks, grades or Pass/Fail status. Exam questions and answers in our Website are only intended as model questions and answers for EDUCATIONAL PURPOSES ONLY and not in any way certified as actual exam questions or correct answers. WEPASSED does not guarantee the format or content of any actual examination questions since it does not have access to that information.

IN NO EVENT SHALL WEPASSED OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY DELAY IN TRANSPORTATION OR COMMUNICATION, FAILURES OR SUBSTITUTION OF EQUIPMENT, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, LABOR DISPUTES, ACCIDENTS, SHORTAGES OF LABOR OR EQUIPMENT, TECHNICAL FAILURES, ACTS OF GOD, EVEN IF WEPASSED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST WEPASSED PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO WEPASSED IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. IN ANY CASE, WEPASSED'S LIABILITY TO YOU WILL BE LIMITED TO THE AGGREGATE OF ALL AMOUNTS THAT YOU PAID TO WEPASSED FOR THE ONE (1) YEAR PRIOR TO THE DATE OF THE APPLICABLE CLAIM.

 

This Website may provide links to other web sites that are NOT under the control of WEPASSED. WEPASSED shall not be responsible in any way for the content of such other web sites. WEPASSED provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such web sites does not in any way imply endorsement by WEPASSED of the content of such web sites.

Copyright, trademark and all other proprietary rights in the contents of the Website (including but not limited to software, services, audio, video, text and photographs) rests with WEPASSED or its licensors. All rights in the contents not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products or its Services except as expressly authorized herein. EXCEPT AS OTHERWISE PROVIDED, THE CONTENTS PUBLISHED ON THIS WEBSITE MAY BE REPRODUCED OR DISTRIBUTED IN UNMODIFIED FORM FOR PERSONAL NON-COMMERCIAL USE ONLY. Any other use of the contents, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of WEPASSED is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

WEPASSED hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. WEPASSED disclaims any proprietary interests in the intellectual property rights other than their own.

 


You may from time to time provide suggestions, comments or other feedback to WEPASSED with respect to any product, material, software or information provided by WEPASSED (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for WEPASSED. However, WEPASSED shall not disclose the source of any feedback without the providing party's consent. WEPASSED shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to the privacy policy.

WEPASSED provides online facilities for public comment by customers, registered users and visitors alike. Any notes, postings, ideas, suggestions, concepts, or other material submitted through this feature will become the property of WEPASSED and WEPASSED shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised.

Information that you provide while making comments is available for all to see. Discretion should be used in entering personally identifiable information within such forums, as it may be collected by third parties. Use of personally identifiable information contained in the comments, and your options regarding our use of this information, is contained in WEPASSED's Privacy Policy.

WEPASSED reserves the right to delete any message submitted, at its sole discretion, at any time and for any reason, including, but not limited to material which in WEPASSED's opinion:

  1. may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
  2. may infringe any intellectual property or other right of any entity or person;
  3. may violate any applicable law or advocates illegal activity;
  4. advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors of otherwise engages in commercial activity;
  5. disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via WEPASSED Website
  6. includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limt the functionality of any computer software or hardware telecommunication;
  7. violates any policy or regulation established from time to time regarding the use of WEPASSED Website or any networks connected to WEPASSED Website; or
  8. contains links to other sites that contain the kind of content which falls within the descriptions set out in #1-7 above.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WEPASSED the written information specified below. Please note that this procedure is exclusively for notifying WEPASSED and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the URL to the WEPASSED resource (infringing material), if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WEPASSED's Copyright Agent for notice of claims of copyright infringement on its site can be reached at the following e-mail address: legal@wepassed.com

 

By entering into this Agreement and uploading, sending, providing or otherwise making available your material ("User Material") to WEPASSED, you are granting WEPASSED exclusive ownership rights to the User Material. You are also authorizing WEPASSED to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms based on the User Material in order to (i) host the User Material on WePassed Website; (ii) index the User Material; (iii) publish the User Material in any media format; (iv) display, perform and distribute the User Material, in whole or in part, in any territory(ies), in connection with WEPASSED products and Services now existing or services and products hereafter developed. The exclusive ownership rights that you are granting WEPASSED include the right to display User Material via streaming and/or downloading technologies, and to display User Material for some fee or for no fee to the end user. You hereby represent and warrant that (i) you have all the necessary rights, titles, and/or interests (including all proprietary rights) in User Material to grant such exclusive ownership rights; (ii) the ownership rights, as granted and as used in connection with WEPASSED Website, Services and products, do not and will not violate any intellectual property rights of any third parties; and (iii) that your granting of the ownership rights to the User Material does not violate any law (including, without limitation, privacy, export control, obscenity and anti-spam laws); (iv) the ownership rights do not violate any agreement or order to which you are a party or by which you or your assets are bound nor require any consent from any person, entity or government authority; and (v) unless otherwise expressly agreed in writing by WEPASSED, the User Material is not made available for advertising or solicitation of business purposes. You further represent and warrant to WEPASSED the following: (a) you are at least 18 years of age if you are a natural person; (b) all of the information provided by you to WEPASSED is correct and current (including without limitation information you provide in the Registration Form); (c) the User Material is not, in whole or in part, pornographic or obscene; (d) you hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in and to your User Material to enter into this Agreement and to grant WEPASSED the rights granted herein; (e) You have the legal right and authority to enter into this Agreement, to perform the acts required of you under the Agreement, and to grant the rights described in this Agreement.

 

You may not use this Website for any purpose that is unlawful, prohibited by this Agreement, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any third party's use and enjoyment of this Website. You agree that you will not modify or cause to be modified any files that are available on the Website and/or use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by WEPASSED to all users of this Website. You shall not institute, assist, or become involved in an attack upon any WEPASSED server or otherwise attempt to disrupt the WEPASSED servers. ANY ATTEMPT BY YOU TO DAMAGE WEPASSED SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF WEPASSED IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, WEPASSED RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

 

You hereby agree to indemnify and hold harmless WEPASSED, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of this Term and Policies and any third party claims arise from User Materials.

 

 

PRIVACY POLICY

We strongly respect your privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the WEPASSED website. WEPASSED provides this Privacy Notice to help you make an informed decision about whether to use or continue using WEPASSED. WEPASSED reserves the right to amend the privacy policy at any time. This Privacy Notice is incorporated into and is subject to the WEPASSED Terms of Use. Your use of the WEPASSED website and any personal information you provide on WEPASSED remains subject to the terms of this Privacy Notice and our Terms of Use.

Please note that this privacy policy may change from time to time. We will not reduce your rights under this policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any policy changes on this page and, if the changes are significant, we will provide a more prominent notice (which may include an email notification of policy changes for certain services). If you have any questions about this policy, please feel free to contact us at customersupport@wepassed.com.

We will not give, sell or rent your email address to third parties at any time for any reason. When you register with us, we ask you to provide your name, email address and an account password. We use your email address to occasionally send administrative email messages to you. You can decide not to submit personal information, in which case we will not be able to make the WEPASSED services available to you.

Children can only use our services under the supervision of their parents/legal guardians and we always suggest minors (under the age of 18) not to submit any personal information to us or use the service. WEPASSED does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the WEPASSED website from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the WEPASSED website at any time or in any manner. If WEPASSED learns that personally identifiable information of persons less than 13 years of age has been collected on the WEPASSED website without verified parental consent, then WEPASSED will take the appropriate steps to delete this information.

 

WEPASSED uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to WEPASSED and you do so at your own risk. Once we receive your transmission of information, WEPASSED makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If WEPASSED learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. WEPASSED may post a notice on the WEPASSED website if a security breach occurs.

 

When you use the WEPASSED website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, internet protocol (IP) address, browser type, browser language, referring or exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

When you visit the WEPASSED website, we may send one or more cookies---a small text file containing a string of alphanumeric characters---to your computer that uniquely identifies your browser. WEPASSED uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Your browser may use persistent cookies on subsequent visits to the site. Persistent cookies can be removed by following the directions in your web browser's help file. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when it receives a cookie. However, some features of the WEPASSED website may not function properly if the ability to accept cookies is disabled.

If you submit personally identifiable information to us through the WEPASSED website, then we may use your personal information to operate, maintain, and provide features and functionality of the WEPASSED website.

Other information, that does not personally identify you as an individual is collected by WEPASSED from the site (such as, by way of example, patterns of use) and is exclusively owned by WEPASSED. WEPASSED can use this information in such manner that WEPASSED, in its sole discretion, deems appropriate.

 

Any personal information that you voluntarily disclose online in any format on any part of WEPASSED website (on discussion boards, in messages and comments, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your screen name (not your email address) is displayed to other Users when you upload files or send messages through the WEPASSED website and other Users can contact you through messages and comments. Any content that you submit to the WEPASSED website may be viewed by the general public.

If at any time in the future, we propose to use personal information for any purpose other than our internal use in maintaining the services, troubleshooting, improving our services, etc., then we will offer you an effective way to opt out of the use of personal information for those other purposes.

We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major WEPASSED site changes or for customer service purposes).

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. You can also close your account on the WEPASSED website by sending a request to us. When we close your WEPASSED account, we will remove your name and other personally identifiable information from our publicly viewable data. We may retain certain data contributed by you if it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained data will continue to be subject to the terms of the WEPASSED Privacy Policy that you have previously agreed to. To request that we close your account and remove your information from the WEPASSED service, please send your request to customersupport@wepassed.com. Please send your request using an email account that you have registered with WEPASSED under your name. You will receive a response to requests sent to customersupport@wepassed.com within five business days of our receiving it.

When you send email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We will not share any information you send to us in those communications with any third parties.

We use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit WEPASSED; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

 

Our privacy policy applies only to the WEPASSED website. WEPASSED contains links to other sites and file downloads from other sites. We do not exercise control over any site that may be linked to from within content on this site. We are not responsible for the privacy practices or content of such websites.

We may share specific aggregated, non-personal information with third parties, such as the number of users who have registered with us, the volume and pattern of traffic to and within the site, etc. That information will not identify you, the individual, in any way.

 

In the event that WEPASSED is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, we will notify Users before personal information is transferred and becomes subject to a different privacy policy. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

 

It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on our company or to exercise our legal rights or defend against legal claims.

 

Last updated: March 7, 2010

Message

Message