Last Updated on March 6th, 2017
Welcome to Consistency Test, a Consistency Test, LLC website (“we”, “us”, “our”). These Terms and Conditions apply to Consistency Test’s online website, mobile website, services, and applications (“Sites”). Thank you for visiting us!
It is important to us that you, and our other visitors, have the best possible time while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms and Conditions as the legally binding terms to govern your use of this Site. Please read these Terms and Conditions carefully before using the Site, because they affect your legal rights and obligations.
1. Your Acceptance of Terms. If you do not agree with any of these Terms and Conditions please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms in their entirety.
Some areas of this Site may be subject to additional terms and conditions (including age requirements) (“Additional Terms”), which you should read carefully and understand how they apply to you before making any use of those areas. Such additional terms will not change or replace these Terms and Conditions regarding use of this Site, unless otherwise expressly stated.
Please note that we reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms and Conditions without notice at any time by updating this posting. You should visit this page regularly to review the current Terms and Conditions. Your continued use of the Site will be deemed as irrevocable acceptance of any changes.
We reserve the right to restrict, suspend, terminate or refuse your access to or use of the Site, in whole or in part, without notice, in our sole discretion.
2. How to Contact Us. This Site is controlled and operated by Consistency Test, LLC, located at P.O. Box 7451, Santa Cruz, CA 95061 (“Consistency Test”). Please send any complaints, questions or general correspondence to firstname.lastname@example.org.
3. Your Registration. To access a Site or some of the resources it has to offer, you may be asked to provide registration details. If so, it is condition of use of the Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to restrict, suspend, or terminate your account.
4. Online Privacy Notice. Your privacy is important to us. To help protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Go to consistencytest.com/privacy-policy to read this notice, which forms part of these Terms and Conditions. Your use of the Site and acceptance of these Terms and Conditions, constitute your acceptance of the practices set forth in this privacy notice.
5. Trademarks and Copyrights. This Site and content and materials on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Consistency Test or others (“Trademarks”). Consistency Test respects the intellectual property rights of others and asks users and visitors of this Site to do the same.
6. Your Use of Material. Your right to make use of this Site and any Material appearing on it is subject to your compliance with these Terms and Conditions. Modification or use of the Material for any purpose not permitted by these Terms and Conditions may be a violation of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material for non-commercial, personal, entertainment use only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by us. The use of any Materials on any other website, app, service, computer environment, or media, other than a Site, is prohibited.
In addition, you agree not to:
Bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Site or Material, including, but not limited to, any digital rights management functionality;
Remove any proprietary notices or labels, including copyright notices, on the Material;
Decompile, reverse engineer, disassemble, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited;
Use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You agree to use the Site at your sole risk and that we shall not have any liability to you for the type of Material that you may access, including without limitation Material that you may find offensive, indecent, or objectionable. We do not warrant the truth or validity of any information provided via the Site.
7. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, AND CONSISTENCY TEST AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF CONSISTENCY TEST (“CONSISTENCY TEST”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CONSISTENCY TEST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONSISTENCY TEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CONSISTENCY TEST MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CONSISTENCY TEST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Limitation of Liability. CONSISTENCY TEST DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF CONSISTENCY TEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF CONSISTENCY TEST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9. User Submissions. Consistency Test does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of Consistency Test.
From time to time, areas on this Site may expressly request submissions of potential content from you (“Invited Submissions”‘). Where this is the case, please carefully read any Additional Terms which appear elsewhere on this Site to govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms and Conditions will apply in full to any Invited Submissions you make.
In any event, any material, including Invited Submissions, you send to us will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Consistency Test) or privately transmitted on or through this Site are the sole responsibility of the sender, not Consistency Test, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
We at Consistency Test require that you do not post, email, or submit or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the Material;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details for improper purposes or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of privacy or publicity;
(e) violates any law or may be considered to violate any law;
(f) transmits under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners or sponsored videos, and/or soliciting goods or services) except as specifically authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(m) copies any other pages or images on this Site except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a ‘pyramid’ or similar scheme;
(p) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by anywhere on this Site (e.g., on any web space made available for your use).
10. Our Use of Content. Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to Consistency Test, (“User Content”), you automatically and irrevocably: (a) grant and assign to Consistency Test a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other use and exploitation including the creation of derivative works, by Consistency Test and/or by any person authorized by Consistency Test, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Consistency Test as your agent with full power to enter into any document and/or do any act Consistency Test may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms and Conditions; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Consistency Test shall not be liable for any use or disclosure of such User Content.
11. System Abuse. Without limitation, you agree not to undertake any activity which may adversely affect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
12. Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Consistency Test shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Consistency Test considers insecure, Consistency Test will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Consistency Test reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
13. Investigations. Consistency Test reserves the right to investigate suspected violations of these Terms and Conditions, including without limitation any violation arising from any submission, posting or email you make. Consistency Test may seek to gather information from the user who is suspected of violating these Terms and Conditions, and from any other user. Consistency Test may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Consistency Test believes, in its sole discretion, that a violation of these Terms and Conditions has occurred, it may edit or modify any submission, posting or email, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Consistency Test will fully cooperate with any law enforcement authorities or court order requesting or directing Consistency Test to disclose the identity of anyone posting any email, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF CONSISTENCY TEST FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF CONSISTENCY TEST DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF CONSISTENCY TEST OR LAW ENFORCEMENT AUTHORITIES.
14. Service. In order to use this Site, you must obtain access to the World Wide Web or a mobile network and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web or mobile network (including a computer or other device, modem and/or other access devices).
Consistency Test reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
15. Local Regulations. Consistency Test makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
16. Indemnity. You agree to indemnify and hold harmless Consistency Test and their officers, directors, employees, agents, distributors from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Consistency Test’s servers, and/or from any and all use of your account.
17. Third-Party Sites. This Site may link you to other sites on the Internet or any other application or service. These sites, apps, and services may contain information or material that some people may find inappropriate or offensive. These other sites, apps, and services are not under the control of Consistency Test, and you acknowledge that (whether or not such sites are affiliated in any way with Consistency Test). Consistency Test is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, apps, or services. The inclusion of such a link does not imply endorsement of any site, app, or service by Consistency Test or any association with its operators.
Consistency Test cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Consistency Test since other shop channels are owned and operated by independent retailers. Consistency Test does not endorse any of the merchandise, nor has Consistency Test taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites.
Furthermore, Consistency Test does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
18. Proprietary Online Services. Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
19. Governing Law. The Materials and all other content and features on this Site are presented solely for the purpose of providing news and information in the United States, its territories, possessions, and protectorates.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.
20. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
If a dispute arises between you and us, you agree to provide us with notice of the dispute via email to email@example.com. Upon our receipt of the notice, the parties shall have a period of sixty (60) days to attempt to resolve the dispute informally before either may resort to the other alternatives described in this Section.
With the exception of class actions (further discussed in Section 21), claims to enforce intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), and claims of piracy or unauthorized use of the Site, any dispute of any kind between you and any member of Consistency Test arising under these Terms and Conditions or in connection with your use of the Sites (“Dispute”), if unresolved through informal discussions within sixty (60) days of receipt of notice, shall be resolved by binding arbitration in the state in which you reside.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court in the United States. However, after such request for relief has been heard by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein. We reserve the right to demand any remedy for violations of these Terms and Conditions and/or any other rules and regulations set forth on the Sites, including without limitation the right to block access from a particular Internet protocol (IP) address.
Any arbitrator proceeding over a Dispute shall be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and shall follow California law in adjudicating the dispute. The parties agree that an arbitrator proceeding over a Dispute shall be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’s streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Agreement or the class action waiver described below. The JAMS rules are available at www.jamsadr.com.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
If the claim you wish to assert against us is less than $10,000, then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by this Agreement to have been brought to arbitration, then the other party shall be entitled to his/her/its reasonable attorneys’ fees incurred in successfully compelling arbitration.
To the extent the filing fee for the arbitration exceeds the cost of the filing fee for a lawsuit, Consistency Test will pay the additional cost of the filing fee.
21. Class Action Waiver. The parties agree that they will resolve their Disputes on an individual basis, and that any claims brought under this agreement or in connection with the Sites must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The parties further agree that they shall not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with the Sites. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Santa Cruz County in the state of California.
22. Severability. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
23. Claims of Infringement. If you believe that any content appearing on this Site infringes your copyright rights, we at Consistency Test want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a) your name, address, telephone number, and email address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Consistency Test, LLC
P.O. Box 7451
Santa Cruz, CA 95061
Consistency Test seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.