Last Updated: April, 2011

Welcome to SmarterProctors.com. SmarterProctors.com's goal is to produce the best services and products to you. To ensure that we can provide a safe and friendly environment for all of our users, we have established these TERMS OF USE. It spells out just what you can expect from us and what we can expect from you.

PLEASE READ THESE TERMS OF USE CARFULLY BEFORE USING THIS WEB SITE OR ANY OTHER SmarterProctors.com WEB SITE. THEY ARE LEGALLY BINDING ON YOU.

By using this Web site, you signify your assent to these Terms of Use. We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site now or following the posting of changes to these terms will signify that you accept these Terms and/or changes. Your violation of these Terms, at a minimum, will result in your loss of the right to use our Web site, as we may decide in our absolute discretion.

1. RESTRICTION ON USE OF MATERIALS. All materials on this site, including but not limited to text, images, designs, audio, graphics, logos, software, and the like (collectively called the "Materials"), are owned by SmarterProctors.com (called also the "Company") or its content suppliers and protected by U.S. and international laws. All trademarks, services marks, and trade names are proprietary to Company. You may not copy, transmit, post, create derivative works from, ore republish in any way whatsoever any Materials from our Web site without the prior written permission of the Company. However, you may download or make one copy of the Materials and other downloadable items for personal, noncommercial home use only, provided all copyright and other notices on the Materials are left intact. Any modification or user of the Materials for any other purpose is an infringement of the Company's copyrights and other proprietary rights. User of these Materials on any other Web site or other networked computer environment is prohibited without prior written permission of Company.
   
   
2. DISCLAIMER OF REPRESENTATIONS BY USERS. SmarterProctors.com makes no representation, guarantee, or warranty (express or implied) as to the ability, competence, or quality of service which may be provided by any of the proctors which may submit information and/or are listed through this Web site or any affiliate thereof.
   
   
3. RELATIONSHIP BETWEEN SMARTERPROCTORS.COM AND USER: PROVIDING ONLY A VENUE. SmarterProctors.com is an Internet forum that facilitates communication between educational institutions, their students, and neutral testing proctors. SmarterProctors.com acts as a venue for proctors, students, and institutions to exchange information with the goal of eventually forming a professional relationship. SmarterProctors.com does not guarantee that users will successfully find proctors through this system.
   
   In order to provide an optimal forum for institutions and proctors, SmarterProctors.com does not involve itself in the agreements between institutions and proctors. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The user, and not SmarterProctors.com, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the user communicates through this Web site.
   
   
4. DISCLAIMER OF INFORMATION OBTAINED ON THE WEB SITE SmarterProctors.com provides institutions, students, and proctors with a forum that functions as an open market. SmarterProctors.com is not responsible for the content of materials posted on its Web sites. The opinions and views expressed are those of the individual users and do not reflect those of SmarterProctors.com. SmarterProctors.com does not warrant the validity or accuracy of any information provided by institutions, students, or proctors. Please use caution and common sense when using this site.
   
   Users are urged to make their own independent investigation and evaluation of any proctor being considered. The choice of a proctor and the type of environment that a student will be taking an exam that ensures the safety of the student are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested services. Users are encouraged to use caution when reviewing any information submitted by proctors and other parties and selecting a proctor who will provide a safe testing environment for the student(s) because SmarterProctors.com does not monitor proctors integrity or compliance with applicable rules of conduct.
   
   
5. SMARTERPROCTORS.COM DOES NOT VOUCH FOR ANY OF ITS USERS Providing a service where institutions, students, and proctors can communicate does not imply an endorsement of any proctor. SmarterProctors.com makes no representation concerning a proctor’s qualifications, nor does it sanction statements a proctor may post on the system. SmarterProctors.com does not screen particular institutions, students, or proctors, or otherwise channel potential institutions to selected proctors.
   
   SmarterProctors.com makes a good faith effort to verify the identity of proctors and also encourages proctors to participate in a background check. SmarterProctors.com uses the services of their party companies to verify the identity of a proctor as well as provide background checks. A third party company is used to verify the identity of all proctors in the system. The profiles of proctors who do not pass the verification screening are not available in search results. As an optional upgrade proctors are encouraged to participate in a background check at their own expense. If the background check returns and matches for prior offenses then we will display the number of offenses but not the details of the offense. The proctor may provide consent for us to display the details of the offense. The information that we provide in the offense detail is limited to the information provided to SmarterProctors by the third party background check service.
   
   
6. LIMITED OF LIABILITY Under no circumstances shall SmarterProctors.com be liable for any claims of negligence or breach, including being liable for any special or consequential damages for the user of inability to use the materials on this web site, even it we have been advised of these possibilities. Applicable law may not allow these limitations on liability or damages, so the above may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.
   
   
7. TESTING CONDUCT. As further consideration for this contract and the use of the products and/or services provided by SmarterServices, LLC, and/or SmarterProctors.com (hereinafter referred to collectively as "COMPANY"), the user hereby agrees as follows: (a) that in all cases, the usage and meaning of "academic dishonesty," "testing misconduct" and/or "unethical testing behavior" shall be construed in broad terms in accordance with the disciplinary policies, rules, and/or regulations of the user's educational institution; (b) that any and all allegations of academic dishonesty, testing misconduct or unethical testing behavior which may hereafter arise as a result of this contract shall be governed by the disciplinary policies, procedures, rules, and regulations as established by the user's educational institution; (c) that the user submits to the jurisdiction and/or authority of the user's educational institution in all matters relevant to ethical testing behavior; (d) that at all times, the user assumes the duty to understand and abide by the policies, procedures, rules, and regulations established by the user' educational institution. (e) that the user consents to the authority and duty of the proctor to document and report to COMPANY and the user' educational institution all suspected incidences of academic dishonesty, testing misconduct and/or unethical testing behavior, and the user waives all claims against and holds harmless the proctor and COMPANY for the proctor's good faith execution of his or her duties with regard to the same.
   
   
8. ONLINE CONDUCT. Any communication which your post to our Web site is nonconfidential, and user agrees to use SmarterProctors.com only for lawful purposes. You shall not post or publish on our Web site any content which is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable law. If we are notified on any alleged content violation, we may investigate this and decide in our sole discretion whether to remove that content from out Web site. We may disclose any content or electronic communication for any kind (i) to satisfy the law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Company; and (iii) to protect the rights or property of our Company, its users, or providers. SmarterProctors.com reserves the right to prohibit conduct, communication, or content that we deem in our sole discretion to violate any law or be harmful to the rights of any user, our Company, or any third party. Providing, however, neither we nor our provider(s) can ensure the prompt removal of questionable content after online posting. Accordingly, neither our Company nor any of its officers, employees, or representative shall assume liability for any action or inaction taken with respect to removing such material from our Web site. Our Web site shall be used only for personal uses consistent with our site's operations. You shall not distribute or otherwise publish any commercial material soliciting or promoting any goods or services. You specifically acknowledge that soliciting any users of this Web site to become members or any commercial online service or other organization is expressly prohibited. By uploading or submitting any materials to us, you automatically grant and warrant that the content owner has expressly granted us a royalty-free, irrevocable, nonexclusive right and license to use, publish, modify, and distribute the content worldwide, including the right to use it in other works in any form, media, or technology for the copyright term of this content. Subject to this grant, the content owner retains any and all rights which may exist in that content. Any advise, services, or offers that re expressed by you, made available by third parties, are those of the respective authors - and not of SmarterProctors.com or any of our officers, employees, or representatives. Neither Company nor any of its representatives guarantee the accuracy, completeness, or appropriateness of any content, opinion, or advice, nor its merchantability or fitness for any particular purpose. Under no circumstances shall we be liable for an loss, damage, or harm caused by a user's reliance on any information obtained through this Web site. It is the responsibility of each user to independently evaluate the information, advice, or other content found at this Web site.
   
   
9. AFFIDAVIT OF SERVICE
   • I will not proctor a test for anyone who is related to you.
   • I will be present at all times during the exam.
   • I will ensure the person taking the exam is identified correctly using photo ID.
   • I will ensure the person taking the exam has no access to non-allowed material.
   • I will ensure that if more than one person is taking the exam that they do not share information.
   • I will ensure the person taking the exam does not attempt to reproduce, save, print or copy the exam or its components.
   • I affirm that I am providing accurate self identification.
   
   
   
10. THIRD-PARTY SUBMISSIONS. User may upload to or distribute on your Web site only content that is not subject to any copyright or other proprietary rights protection, or content in which the author has given express authorization for Internet distribution. Any content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, date, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal. In compliance with the Digital Millennium Copyright Act, users and other persons can report any potential infringements and recommended corrections to us, support@SmarterProctors.com . We will address those concerns in accordance with that Act. Neither our Company, it officers, or representatives will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm that arises form use submissions.
    
    
11. PRIVACY POLICY. It is SmarterProctors.com's policy to respect the privacy of our users. You may view our Privacy Policy anytime online.
    
    
12. LINKING TO AND FROM THIS WEB SITE. To the extent that this Web site has links from and to other Web sites, we cannot endorse nor control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular Web site. Any link to our Web site is subject to our approval, conditions, and agreement, as we made decide on our sole discretion. Additionally, any linking, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature is strictly prohibited.
    
    
13. ARBITRATION. All disputes, demands, claims, or controversies or any kind between the parties arising from, relating to or connected in any way with this Terms of Use Contract, the parties hereto, or the relationships created hereby, shall be resolved by binding arbitration to be conducted in Montgomery, Alabama, or other location stipulated to by the parties, by one arbitrator selected by Distributive with the [user'/proctor'] consent. The parties acknowledge that this Contract is made pursuant to a transaction affecting interstate commerce and shall be governed by the Federal Arbitration Act at 9 U.S.C. § 1, et seq. Either party may demand arbitration by serving upon the other party a written demand for arbitration along with a statement of the matter in controversy. Judgment upon the award rendered may be entered in any court having jurisdiction. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes, and that this choice is binding upon and inures to the benefit of, the [user/proctor], Distributive, and the officers, employees, agents and affiliated persons and entities of each of them. The parties understand that they have a right to litigate disputes in court, but that they prefer to resolve their disputes through arbitration, and further, that any question regarding whether a particular controversy is subject to arbitration shall be decided by the Arbitrator. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE. The parties agree and understand that all disputes arising under case law, statutory law and all other laws including, but not limited to, all contract, tort and property disputes will be subject to binding arbitration in accord with this Terms of Use Contract. The parties agree that the arbitrator shall have all powers provided by law, the Contract and the agreement of the parties. These powers shall include all legal and equitable remedies including, but not limited to, money damages, declaratory relief and injunctive relief. The parties agree and understand that this agreement to arbitrate all disputes survives payment, completion and performance of this Terms of Use Contract and any termination, cancellation or performance of the transactions between Distributive and the [user/proctor]. YOU AGREE TO BE BOUND BY THESE TERMS OF USE by your accessing, viewing, and/or using our Web site.
    
    
14. TERMINATION OF USE. SmarterProctors.com reserves the right to refuse service, terminate accounts, suspend activity, and/or cancel orders in its sole discretion, including, without limitations, if we believe that any customer's conduct violates applicable law, is harmful to another user's interest, or is harmful to the Company's, a third-party's, or a service provider's interest.
    
    
15. RELEASE AND WAIVER. Users hereby release, waive and forever discharge SmarterServices.com, SmarterProctors.com and their affiliates from any and all actions, causes of action, claims, obligations, damages, expenses, attorney fees, liabilities, interest or cost of any type, whether presently asserted or otherwise, arising out of or related to their use of this Web site, including but not limited to any acts or omission of any users, institutions, students or proctors whose relationship was initiated through this Web site.
    
    
16. MODIFICATIONS TO SERVICE. SmarterProctors.com reserves the right to modify or discontinue, temporarily or permanently, the services provided by this Web site with or without notice to the user. The user agrees that SmarterProctors.com shall not be liable to the user or any third party for any modification or discontinuance of the services provided by this Web site. The user acknowledges and agrees that any termination of services by this Web site under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that SmarterProctors.com may immediately delete data and files in the user’s account and bar any further access to such files or the services provided by this Web site.
    
    
17. INDEMNITY. By accessing the services and/or products provided by SmarterServices, LLC (D.B.A. SmarterProctors.com) the user KNOWINGLY, EVENHANDEDLY, and FOR VALID CONSIDERATION specifically has agreed to protect, release, defend, indemnify and hold harmless SmarterServices, L.L.C. or any of its agents, contractors, employees, officers, affiliates, successors and/or assigns from any and all claims, administrative proceedings, causes of action, complaints, suit loses, liabilities, costs, expenses and/or damages made or levied against it or its affiliates, arising out of this agreement, including, but not limited to: (a) breach of contract; (b) breach of warranty; (c) breach of any non-delegable duty; (d) bodily injury; (e) property damage; (f) negligent entrustment; (g) any third party claims alleging infringement of intellectual property rights; (h) violation of any applicable rules and/or regulations of indemnitor' educational institution; (i) intentional tortious conduct; (j) fraud; and (k) any other possible negligent acts of indemnitee.
    
    
18. STORAGE OF CONTENT. You agree that SmarterProctors.com may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Web Site. You agree that SmarterProctors.com has no responsibility or liability for the deletion of or failure to store any messages, communications, or other content maintained, disseminated, or transmitted through the Web Site.
    
    
19. CONTACT INFORMATION. If you have any questions or concerns with respect to the Agreement or the Web Site you may contact a representative of SmarterProctors.com by e-mail at support@SmarterProctors.com or by mail at:
    
    

SmarterProctors.com

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