Terms of Use

TCMtests.com is an online testing facility that allows students and practitioners to test their knowledge and understanding of Traditional Chinese Medicine. Please read these terms, conditions and notices (Terms of Use) before using the TCMtests.com Website (TCMtests.com Site).

This is a legal agreement (Agreement) between you, the end user (User), and TCMtests.com. You are an individual User and will receive an individual password. This password may not be distributed to any other individual or institution. The subscription is for individual students and the information is not to be used by teachers in an institutional school setting. Only one user is allowed per subscription. You may use TCMtests.com on only one computer at a time. Your use of the TCMtests.com Site constitutes your agreement to the terms, conditions and notices below. If you do not agree with this Agreement, please do not use this site.

  1. Copyright and Proprietary Rights

    This World Wide Web site is the property of TCMtests, LLC. and its licensors and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in TCMtests.com Site and in the software, text, graphics, design elements, audio, and all other materials originated or used by TCMtests, LLC. at its site are reserved to TCMtests, LLC. and its licensors. You may not reproduce, publish, upload, post, display, transmit, download or distribute any part of the TCMtests.com information.

    You may not modify the TCMtests.com Site. You may not use the TCMtests.com Site in any manner that infringes upon the rights of any person or entity entitled to such rights.

  2. Downloading Material

    You may NOT print or download content and material on TCMtests.com Site for your personal or commercial use.

  3. Responsibility for Content

    TCMtests.com does not screen, edit or review material submitted by users. TCMtests, LLC. accepts no responsibility or liability for any material which may reside in or is accessed by the TCMtests.com Site other than TCMtests.com Information. TCMtests.com has no responsibility with respect to Other Sites. User shall not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material as may be deemed by TCMtests.com.

  4. Links to Third Party Websites

    TCMtests.com provides links to third party websites for your convenience and use. Because TCMtests.com has no control or dominion over such sites and resources, you acknowledge and agree that TCMtests.com is not responsible for the content and use of the Other Sites content.

  5. Disclaimer of Warranties

    No warranties of any kind are made with respect to TCMtests.com Site or Other Sites, including without limitation, that the operation of the website will be uninterrupted or error-free; that defects will be corrected; that this site, including the server that makes it available, is free of viruses or other harmful components; that the site will meet your requirements; as to the results that may be obtained from use of the materials on the TCMtests.com Site; or as to accuracy, reliability, availability, quality or operation of any information, software or service from the TCMtests.com Site.

  6. Limitation of Liability

    Under no circumstances shall TCMtests.com be responsible for any errors, omissions, inaccuracies or other defects in the information contained in the TCMtests.com Site or any claims or losses arising therefrom. In no event shall TCMtests, LLC., its employees, agents, licensors or contractors be liable for any incidental, consequential, punitive, or exemplary damages of any kind.

  7. Export Controls

    Your use of the TCMtests.com Site will comply with all applicable laws, rules and regulations that govern the export of technical data.

  8. Indemnification

    User agrees to indemnify and hold harmless TCMtests.com its respective affiliates, agents and employees from and against any and all claims, actions, demands, liabilities, losses, damages, judgements, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs - hereinafter referred to as "Losses") insofar as such Losses, or actions in respect thereof, arise out of, are based on, or relate to i) your use of the TCMtests.com Site; or ii) any misrepresentation of any information, representation or warranty, or breach of this Terms of Use agreement.

  9. Independent Investigation

    TCMtests.com reserves the right to legally monitor the use of the TCMtests.com Site and reserves the right to investigate suspected or alleged violations of this Terms of Use. Such investigation may include gathering information from the User and the complaining party and reviewing materials on TCMtests.com's server(s). During any investigation, TCMtests.com may remove any and all material that is the subject of a dispute from TCMtests.com's server(s).

    If such investigation indicates the distribution of an individual password or other violation of this Agreement, TCMtests.com reserves the right to revoke the User's subscription without refund of subscription fees.

  10. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to any conflict of law principles.

  11. Merger Clause

    This Agreement constitutes the entire agreement between the User and TCMtest.com concerning the subject matter contained herein and supercedes all prior or contemporaneous representations, proposals, conditions, communications and agreements, whether oral or written, between the parties relating to the subject matter herein.

  12. Refunds

    We give a refund only if our tests do not work on your computer. Contact us within 24 hours for a full refund. If you purchase a subscription with a delayed start date, please take our sample tests to determine if our tests work on your computer. Subscriptions with a delayed start date in which our tests work are not eligible for a future refund.