Terms of Service

TERMS OF SERVICE

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis;
2. Technical support is guaranteed via email, but we may provide support via telephone if warranted;
3. Plum Stone Prep uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Personal data is not shared, or is encrypted with third party vendors and hosting partners;
4. You must not modify another website so as to falsely imply that it is associated with the Service or the Company;
5. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service;
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination;
7. If your usage significantly exceeds the average usage of other customers, we will reach out to you to offer a pricing plan that corresponds to your usage unless the level of usage is so great it negatively impacts the performance for other customers, in which case we reserve the right to disable your account;
8. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, or error-free, or (iii) the quality of the service will meet your expectations;
9. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service;
10. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service);
11. Questions about the Terms of Service should be sent to support@plumstoneprep.com.

Account Management

1. You are responsible for maintaining the security of your user account and password. Plum Stone Prep cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You, and not Plum Stone Prep, are responsible for any activity occurring in your account. If you become aware of any unauthorized access to your account, you should notify Plum Stone Prep immediately;
2. You are responsible for securely managing passwords for your account;
3. Plum Stone Prep occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account;
4. You are responsible for maintaining, protecting, and making backups of your Content;
5. To the extent permitted by applicable law, Plum Stone Prep will not be liable for any failure to store, or for loss or corruption of, your Content;
6. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process;
8. Accounts registered by “bots” or other automated methods are not permitted.

Delivery policy

1. All delivery of prep exams is digital via the Plum Stone Prep website. This site is operated as software as a service.

Trademark

Payment, Refunds, Upgrading and Downgrading Terms

1. The Service is offered with a free sample exam that is valid for 24 hours. If you need more than 24 hours, you can contact us and ask for an extension. Extensions are granted on a case by case basis;
2. If you purchased a product in error AND HAVE NOT STARTED AN EXAM you may be eligible for a refund. If an exam or training material has been viewed or started then ALL SALES ARE FINAL AND WE DO NOT OFFER ANY REFUNDS UNDER ANY CIRCUMSTANCES;
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation and Termination

1. You are solely responsible for properly canceling your account if you wish to do so prior to the last eligible date of the purchase;
2. All of your content will be inaccessible from the Service immediately upon cancellation or expiration of the purchase. Within 30 days or expiration, all content will be permanently deleted from backups and logs. This information cannot be recovered once it has been permanently deleted;
3. If you cancel the Service before the end of your eligible period, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle;
4. Plum Stone Prep, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time;

Modifications to the Service and Prices

1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice;
2. Prices of all Services are subject to change. Such notice may be provided at any time by posting the changes to the Plum Stone Prep site or the Service itself;
3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service;

Copyright Policy

1. All exam content and training materials are copyrighted by Plum Stone Prep unless otherwise stated. You agree to maintain the confidentiality of the examination content and not to disclose, reproduce, or distribute any part of the examination, including questions, answers, or related materials, to any third party. I understand that unauthorized disclosure may lead to legal action and other consequences;
2. We honor other people's rights to their intellectual property. It is our policy to address any allegation that any individual or organization's copyright or other intellectual property rights have been violated by content uploaded on the Service ("Infringement").
3. If you are the owner of a copyright or have permission to act on their behalf, and you think that someone else has copied a work that is protected by copyright, send an email to dpo [ at ] plumstoneprep.com with the subject line "Copyright Infringement." In your email, please include a thorough description of the alleged infringement as outlined under "DMCA Procedure for Copyright Infringement Claims."
4. If there are any accusations of misrepresentation or bad faith regarding the infringement of any Content on and/or through the Service that violates your copyright, you could be held liable for damages (including costs and legal fees).

DMCA U.S.C. 512(c)(3) Procedure for Copyright Infringement Claims

1. Signature of the Complaining Party: A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner.
2. Identification of the Infringing Work: A clear description of the copyrighted work that is claimed to have been infringed, or if multiple works are involved, a list of the works.
3. Identification of the Infringing Material: The location of the allegedly infringing material on the service provider’s system, such as a URL or specific webpage.
4. Contact Information: Information sufficient to allow our Copyright Agent to contact the complaining party, such as an address, phone number, and email address.
5. Statement of Good Faith: A statement by the complaining party that they have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. Statement of Accuracy: A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

API Terms

1. You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API;
2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Acceptable Uses

1. You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services;
2. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
3. The look and feel of the Service is copyrighted by Plum Stone Prep. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Plum Stone Prep;
4. You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes;
5. You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide;
6. You may not circumvent or attempt to circumvent any limitations that Plum Stone Prep imposes on your account;
7. Unless authorized by Plum Stone Prep in writing, you may not probe, scan, or test the vulnerability of any Plum Stone Prep system or network;
8. Unless authorized by Plum Stone Prep in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available;
9. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so;
10. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;
11. You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users;
12. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity;
13. You may not register accounts by “bots” or other automated methods.

Disclaimer and Limitations of Liability

Limitation of Liability

Contracting Entity