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The Test - Terms of use

‘The Test’ provides services to you on our site, located at www.thetest.com.au (the "Site"), under these terms of use ("Terms"). Please read these Terms carefully. You understand that these Terms govern your use of the Site.

1. Privacy Policy: Your privacy is important to us. All information collected from you in connection with your use of the Site is governed by our Privacy Policy. For more information, please see our Privacy Policy, which is incorporated into these Terms.

2. Modifications to Terms: We may change these Terms from time to time. We will notify you of such changes by posting the amended Terms on the Site. In addition, we may notify you of material changes to these Terms in accordance with our Privacy Policy. These Terms, as amended, will be effective upon acceptance in registration for new users and are otherwise effective for all users 30 days after the posting of any amended terms.

3. Modifications to the Site: We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you nor to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.

4. Restricted Activities: You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site, to send any message that is unlawful, libellous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by The Test in its sole discretion.

Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

5. Your Content: You may submit comments to us (collectively, "Content") via blog links on the Site. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Content (collectively, "Use"). You retain all ownership rights in and to your Content. Any Use of your Content will be in accordance with our Privacy Policy. Notwithstanding any terms in our Privacy Policy, The Test may post on the Site any log comments you submit to us. We will attribute your comment to you by posting your first and last initial or your first name and last initial next to your blog.

6. Third Party Services: The Test provides you with links to third-party Web sites or locations, including service providers ("Provider") such as health related products, for your convenience only. Our provision of such a link does not signify an endorsement by The Test of the third-party's Web site or the services offered by such third-party. The Test has no control over, does not review, and cannot be responsible for, these outside Web sites or their content. Your use of a third-party Web site will be subject to such third-party's terms of use and privacy policy. Should you decide to use the services of a Provider, any transaction between you and such Provider (including any agreement governing such transaction) will strictly be between you and the Provider. The Test has no control over the Provider's performance of its services, and The Test makes no representations or warranties with respect to the Provider's performance of its services. YOU AGREE THAT THE TEST WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A PROVIDER.

7. Services Provided by Promotional Partners: Portions of the Site, including the information articles, contain links to Web sites hosted by our promotional partners ("Promotional Partners"). Information and services provided by promotional partners on their Web sites are governed by such promotional partner’s terms of use and privacy policy. Our provision of a link to a promotional partners Web site is for your convenience only, and The Test has no control over and cannot be responsible for any content provided by a promotional partner on such Web sites.

8. Termination: We may terminate your use of the Site without prior notice for any reason, in our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Site at any time.

9. Medical Disclaimer: All information on the Site is of a general nature and is furnished for educational purposes only. No information contained on the Site or in any e-mail sent to you by The Test ("The Test Content") is to be taken as medical or other health advice pertaining to any individual's specific health or medical condition. Although we make an effort to provide quality information to you, The Test disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any The Test Content. The Test Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all The Test Content.

The Test is not engaged in rendering medical or professional services. The Test Content is not a substitute for the diagnosis and advice of your health care professional and The Test Content must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your health care professional because of anything you may have read or interpreted in The Test Content. Consult your health care professional before practicing any recommendations or acting on any The Test Content. The Test Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family.

YOU ACKNOWLEDGE THAT THE TEST IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE TEST CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. THE TEST, INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE TEST CONTENT. You agree, at your expense, to indemnify and hold The Test harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against The Test arising from or related to decisions or recommendations you make using The Test Content.

10. Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TEST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE TEST CONTENT.

THE TEST MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE TEST MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE TEST CONTENT OR THAT DEFECTS IN THE SITE OR THE TEST CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

11. Limitation of Liability: TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TEST OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE TEST CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

12. Indemnification: You agree to indemnify, defend, and hold harmless The Test, and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Site, (2) your use of the Site or The Test Content, (3) your violation of these Terms, (4) your violation of any rights of any other person or entity, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.

13. Intellectual Property: The Test grants to you a non-exclusive right and license to reproduce The Test Content for your personal use only. Except for the limited license granted to you in this Section, nothing contained on the Site, in The Test Content, or in these Terms shall be construed as to grant any property rights, by license or otherwise, to any invention or any The Test patent, copyright, trademark, or other intellectual property rights.

14. Trademarks: The Test is a trademark.  All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site constitute trade dress and are the property of The Test. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of The Test. is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.

15. Copyright: The Site, The Test Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of The Test and its licensors, and are protected by Australian and international copyright laws. The Test Content and any other content on the Site may be used for informational purposes only. Any other use of The Test Content or such other contents on the Site without the prior written consent of The Test is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, Publication, or any commercial exploitation of the contents of the Site or The Test Content is expressly prohibited without the prior written consent of The Test.

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