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© 2018 THE TEST

TERMS OF USE | PRIVACY POLICY | CONTACT

March 2, 2018

TERMS OF USE

IMPORTANT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOU AGREE TO THESE TERMS OF USE BY ACCESSING THIS SITE, REGISTERING FOR THIS SITE, OR BY ACCEPTING OR DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS SITE.

  1. Operator. This website is operated by Canobie Films Foundation, Inc. (“Canobie” or “we” or “us” or “our”) a company incorporated under the law of the state of Massachusetts whose principal address is 1621 Juanita Lane, Tiburon, California, 94920.

  2. Overview. This is the official Terms of Use agreement ("Terms of Use") for the specific Internet website) ("Site"), provided by Canobie in connection with Canobie’s documentary film The Test & The Art of Thinking. These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered. These Terms of Use govern only the content, features, and activities related to this Site and do not cover any other websites that may externally link to the Site or any other company.

    The Site is designed for educational purposes. As such, through your use of the Site you expressly acknowledge and agree that all content, information, and education tools provided on the Site, including all text, charts, statistics, photographs, images, graphics, audio, video and audio-video clips, and other materials whether provided by Canobie or by other users or third parties, is provided for information purposes only and is not intended to be and should not be used as guidance.

  3. Eligibility. You affirm that you are older than eighteen (18) years of age, or that you are between the ages of thirteen (13) and eighteen (18) and have obtained permission from a parent or guardian before using the Site. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. If for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you meet the above age and any other eligibility requirements of the Site.

  4. Acceptance of Terms.By accessing and using the Site or downloading materials from the Site, you accept and agree to, without limitation or qualification, these Terms of Use. Canobie reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement to be bound by any such changes

  5. Rules of Conduct. The transmission and receipt of any information or content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a professional relationship between you and Canobie, its affiliates or any third party. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties.

  6. Links to Third Party Sites. If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with Canobie’s name and intellectual property, nor may the link create the false appearance that your website or organization is sponsored by, endorsed by, affiliated or associated with Canobie. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Canobie reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Site or these Terms of Use. This Site also contains links or references to other websites maintained by third parties over which Canobie has no control. Canobie is not responsible for the content or performance of other websites to which this Site may be linked or from which this Site may be accessed. Canobie makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any content or information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply any endorsement or recommendation by Canobie.

  7. Right to Monitor and Edit. Canobie reserves the right, but does not have an obligation, to monitor and review all materials posted to the Site or through the Site’s services or features, and Canobie is not responsible for any such materials posted by users. However, Canobie reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, or Canobie’s policies or applicable law. Canobie may also impose limits on certain features of the Site or restrict your access to part of all of the Site without notice if we believe you are in breach of the guidelines set forth herein, our Terms of Use or applicable law, or for any other reason without notice or liability.

    You are solely responsible for the content that you post, and any material or information that you transmit to other participants and for your interactions with other users. Canobie make no warranties, express or implied, as to the post or to the accuracy and reliability of the post or any material or information that you transmit to other participants.

  8. Ownership. The content of this Site is the property of Canobie and any of their respective successors and assigns, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content in any manner without the prior written consent of a duly authorized employee of Canobie or such third party that may own the content displayed on the Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED EMPLOYEE OF CANOBIE. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any content you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any content without the express prior written consent of Canobie or its owner if Canobie is not the owner.

  9. Privacy. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your Site use.

  10. Ask The Research Team. In this section of the Site, you have an opportunity to submit a question related to the SAT, test prep or such related topic. There is no guarantee that the Site’s expert will respond to the submitted question as the selection of questions to which the Site’s expert will respond is in the Site’s discretion. Do not submit any confidential, secret, or proprietary information through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials sent to us (including, for example, and without limitation, the questions you submit) will be deemed not to be confidential or secret and may be used by us in any manner consistent with the Site’s Privacy Policy. You agree that you will not submit material that: (1) is unlawful, fraudulent, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, offensive, harassing, indecent, hateful, false, threatening, abusive, or which in any way violates these Terms of Use; and (2) violates, plagiarizes, or infringes the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.

  11. Limitations of Liability. IN NO EVENT SHALL CANOBIE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF CANOBIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  12. Disputes. If there is any dispute about or involving the use of this Site or submissions of content made to Canobie, you agree that the dispute shall be governed by the laws of the State of California without regard to conflict of law provisions. All claims arising out of or relating to this agreement, the parties’ relationship with each other and your use of the Site shall be settled by arbitration in San Francisco, California administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. 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. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction, subject to review in accordance with applicable statutes governing arbitration awards. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.

  13. Indemnity. You agree to indemnify and hold Canobie, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use arising from a breach of these Terms of Use or if any content that you post on the Site causes Canobie to be liable to another. Canobie reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, an in such case, you agree to cooperate with Canobie’s defense of such claim.

  14. Disclaimers. Canobie is not responsible for any incorrect or inaccurate content posted on the Site, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in Site. Canobie is not responsible for the conduct, whether online or offline, of any user of the Site. Canobie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. Canobie is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, or a combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials from the Site. Canobie also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video content, or audio content from the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. We try to ensure that the information posted on the Site is correct and up to date. We reserve the right to change or make corrections to any of the information provided on the Site at any time and without any prior warning. Under no circumstances shall Canobie be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Canobie event, from any content posted on or through the Site, or from the conduct of any users, whether online or offline. The Site is provided "AS-IS" and as available and Canobie expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Canobie cannot guarantee and does not promise any specific results from use of the Site.

  15. Miscellaneous. These Terms of Use constitute the entire agreement between you and Canobie regarding the use of the Site. The failure of Canobie to exercise or enforce any rights or provisions of these Terms of Use shall not operate as a waiver of such rights or provisions. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operate to the fullest extent permissible by law. If any provision contained herein is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

If you want to discuss these policies or report a problem, please contact us directly at info@thetestdoc.org

March 2, 2018

PRIVACY POLICY

By using the Site, you agree to accept the terms of this Privacy Policy (“Policy”).

  1. Overview. This is the official Policy for the specific Internet website ("Site"), provided by Canobie Films Foundation, Inc. ("Canobie" or “we” or “us” or “our”) in connection with Canobie’s documentary film The Test & The Art of Thinking (the “Film”).

    This Policy applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered. This Policy governs only the Personally Identifiable Information and other information (as defined below) collected by the Site and does not cover any such information collected in any other manner or by any other website offered by Canobie or collected by any other company, unless specifically stated. Such information collection may be governed by separate privacy policies or notices.

  2. Personally Identifiable Information. As a general policy, no Personally Identifiable Information is automatically collected from your visit to the Site. "Personally Identifiable Information" means: (1) your first and last name; (2) your home or other physical address, street name, and name of city or town; (3) your email address(es); (4) your telephone number(s); (5) your social security number; (6) any other identifier that permits you to be contacted in person or online; and (7) information about you that we collect from you through this Site and maintain in personally identifiable form in combination with any of the above information about you.

    We will collect and use Personally Identifiable Information about you in a number of ways, including without limitation:

    • responding to your emailed questions or request for services offered through the Site;
    • notifying you about upcoming Film screenings and other events;
    • responding to an emailed question via the Site’s “Ask The Research Team” function; and

    By using the Site, you are consenting to the collection, use and disclosure of your Personally Identifiable Information as described in this Policy.

  3. Sources of Information. The Personally Identifiable Information which we collect and use may come from a number of sources, including but not limited to:

    • Information you provide through your email and communications with Canobie;
    • Information you provide through emailing Canobie your questions via the Site’s “Ask The Research Team” function; and
    • Information you provide to Canobie to set up a community or school screening of the Film.

  4. Non-Personally Identifiable Information.Certain non-personal information, including but not limited to the type of browser you are using, operating system running that browser, and your IP address ("Non-Personally Identifiable Information"), may be automatically recorded by the standard operation of the Site’s internet servers. This Non-Personally Identifiable Information can be used to help diagnose server problems, administer the Site and generally enhance your online experience. We will also collect certain information arising out of your use of the Site, such as cookies, or web beacons, or augment the data we collect with other information from other online or offline sources.

  5. Security. We take commercially reasonable steps to protect the security of your Personally Identifiable Information. Nonetheless, we cannot guarantee that our security measures will prevent our computers from being illegally accessed, and the data on them stolen or altered, and we assume no liability or responsibility to you or to any third party arising out of any loss, misuse, destruction, or alteration of your Personally Identifiable Information. You should always take great care in handling and disclosing your personal information. For example, avoid sending personal information through insecure email.

  6. Links. We are committed to your right to privacy. However, please note that this Site’s Policy only applies to the Site and not to any other websites that you may access from the Site, each of which may have privacy policies that are materially different from this Policy. We encourage you to be aware when you leave the Site and to read the privacy policies of each and every other website, as we are not responsible or liable for the commitments and obligations made to you in any privacy policy or the terms and conditions of any such website.

  7. Permitted Users. In order to use the Site, you must be at least 13 years of age. The Site is not directed to or intended for use by persons under the age of 13 and we do not knowingly solicit personal information from such persons or send them requests for non-public personal information. If we become aware that we have inadvertently received Personally Identifiable Information directly from someone under the age of 13, we will delete such information from our records. If you are under the age of 13, you must not use our Site, including sending us any personal information.

  8. Policy Changes. We reserve the right to modify, alter or otherwise update this Policy from time to time, so you are encouraged to review this Policy from time to time. Your continued use of the Site following the posting of such modifications, alterations or updates will signify your acceptance thereof. Please note that each time you use the Site, the current version of this Policy will apply.

    If we decide to change our Policy, we will date and post those changes on the Site so that you are always aware of what information we collect, how such information is used and under what circumstances, if any, such information is disclosed. Any and all changes to our Policy will also be reflected on this page. Unless we obtain your express consent, any revised Policy will apply only to information collected after such time as the revised Policy takes effect. If at any point we decide to use Personally Identifiable Information in a manner different from that stated at the time it was collected, we will notify you by way of email and you will then have a choice whether or not we can use such information in this different manner.

  9. Acceptance of Terms. By using the Site, you hereby accept all of the terms set forth in our Privacy Policy. If you do not agree to accept all or any portion of such terms, then you are respectfully asked not to use the Site.

If you believe that we have not complied with this Policy or if you have any questions, please contact Canobie at info@thetestdoc.org