This website ("Site(s)" or "Website(s)") is owned and operated by ExamFX, Inc. located at 11161 Overbrook Road, Leawood, KS 66211, USA.
IMPORTANT NOTE: PLEASE READ THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS", "TERMS", OR THIS "AGREEMENT") CAREFULLY. THE TERMS SERVES AS A LEGAL AGREEMENT BETWEEN YOU AND EXAMFX AND MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. PLEASE REFER TO THE SECTION TITLED "DISPUTE RESOLUTION; ARBITRATION AGREEMENT," WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS THE SECTIONS TITLED "CLASS ACTION WAIVER" AND "JURY TRIAL WAIVER" WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT BETWEEN YOU ("YOU"), THE PERSON NAMED IN THE ACCOUNT, AND EXAMFX, INC. ("EXAMFX") AND GOVERNS YOUR USE OF THIS WEBSITE AND EXAMFX'S PRODUCTS, SERVICES, MATERIALS, COURSES AND CONTENT, WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE (COLLECTIVELY REFERRED TO HEREIN AS "EXAMFX PRODUCTS") MADE AVAILABLE TO YOU BY EXAMFX, UNLESS A SEPARATE WRITTEN MASTER LICENSING AND SERVICES AGREEMENT IS SIGNED BY EXAMFX AND YOU, IN WHICH CASE YOUR USE OF EXAMFX PRODUCTS SHALL BE GOVERNED BY SUCH AGREEMENT. YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH EXAMFX AND BEFORE YOU ACCESS ANY EXAMFX PRODUCTS. BY AGREEING TO THESE TERMS, YOU ARE CERTIFYING THAT YOU ARE THE PERSON NAMED IN THE ACCOUNT. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE" AND, INSTEAD, CONTACT EXAMFX CUSTOMER SERVICE. IF YOU DO NOT CLICK "AGREE", YOU WILL NOT BE ABLE TO CREATE AN ACCOUNT WITH EXAMFX AND YOU CANNOT ACCESS THE EXAMFX PRODUCTS.
When creating an account with ExamFX ("Account"), you will be required to provide certain information. You will be required to set up a username and password. You agree to provide complete and accurate information to ExamFX and to permit ExamFX to store and use your registration data for use in maintaining your Account. You agree to protect your username and password, as well as any access codes and product codes provided by ExamFX, and not share them with others or permit any unauthorized use of the ExamFX Products. By establishing an Account, you certify and represent that you will be the person taking the course(s) or assessment(s) for which you have registered and that any attestations which you are required to complete in connection with the foregoing will be completed only by you.
ExamFX and its partners store and use your data to provide Products and related material to you. You understand that the data that ExamFX collects from you, or that you provide in your Account or when using the Products (and any information created in relationship to your use of the Products) is stored in systems and data storage operating in the U.S. In providing any and all data with respect to the Products, you agree to the transfer of your data to ExamFX, its partners and your employer, prospective employer or sponsor institution (or, as applicable, the third-party aggregator with whom your access to Products is associated), and the processing and storage of your data by ExamFX and its partners in the U.S. to provide the Products to you in accordance with these Terms and Conditions. ExamFX's Data Processing Addendum (the "DPA") is hereby incorporated by reference, and governs the Processing of Personal Data (as both terms are defined in the DPA) on your behalf.
These Terms and Conditions apply to all purchases unless specifically modified by a contract agreement between ExamFX and a corporate customer. All fees are expressed in U.S. dollars. While some products and services may be provided through your employer and are subject to the terms of the contract between ExamFX and your employer or, if you are a contractor or freelancer, the business that has engaged you, many products and services are sold direct-to-consumer. Full payment is made at the time of sale.
Periodically, ExamFX offers promotions or discounts that, if provided at the time of purchase, will be immediately reflected in the purchase price. Most promotions and discounts are offered with specific terms and conditions, including eligibility conditions, so customers are advised to review these Terms and Conditions in advance of purchase. Please note that promotions and discounts are not stackable. Only one promotion or discount can be applied to an order and that any promotion must be claimed at the time of purchase. ExamFX may remit a portion of fees to third parties engaged in recruitment and marketing activities on behalf of ExamFX. You acknowledge and agree that ExamFX may allocate a portion of fees paid by you to compensate third parties involved in such recruitment and marketing activities, and you explicitly consent to such allocation. You acknowledge that such allocation does not impact the overall cost of the ExamFX products or services, and that the remittance of any portion of fees described in this paragraph is solely for the purpose of compensating such third parties for their efforts in promoting ExamFX products and services.
ExamFX products have different course access periods, but some allow for the purchase of extension periods. Your access to a product will terminate when the course period expires or, if you purchase an extension, when the extension expires. Under no circumstance will your access period, even with the purchase of extensions, exceed one year. Notwithstanding the foregoing, ExamFX reserves the right to terminate access to a course or product early if such course/product is being discontinued (removed from ExamFX's course/product offerings list). Unless the discontinuance of the course is required to address legal or regulatory mandates, ExamFX shall provide 30-day advance notice by email or posting within the course/product, or, if less than 30 days, as soon as known. You are solely responsible for completing such course/product before the notice period expires.
Purchases made under your ExamFX account are non-transferable. For clarity, ExamFX Products are strictly licensed on a per user basis and are not to be (i) shared among users; (ii) reproduced or copied in whole or in part in any manner by you, including your instructors, or any user; (iii) projected for shared viewing or use; or (iv) made available in any library or electronic learning management system other than a per user basis.
You understand and agree that ExamFX Products each constitute intellectual property and proprietary material that is owned by ExamFX or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by ExamFX and its licensors. ExamFX, Inc. and other ExamFX trademarks, service marks, graphics, and logos used in connection with the ExamFX Products are trademarks or registered trademarks of ExamFX, Inc. in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the ExamFX Products may be the trademarks of their respective owners. ExamFX and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
ExamFX Products made available to you by ExamFX are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to ExamFX. Your license to use ExamFX Products is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each ExamFX Product, including any updates or enhancements thereto. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, ExamFX grants you no other rights. You agree not to copy, reproduce, record, translate, modify, rent, lease, loan, transfer, sublicense, sell, distribute, disassemble, decompile, reverse engineer, otherwise capture in any medium or create any derivative works of or based on the ExamFX Products (except as and only to the extent that the foregoing restrictions are not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the ExamFX Products). You agree to use ExamFX Products only as permitted under this Agreement. You acknowledge and agree that you will complete any course materials and assessments without assistance. You acknowledge that you are prohibited from: engaging third parties to complete (or assist you in completing) any training or assessment on your behalf (also known as proxy test-taking or contract cheating), enabling remote access or screen-sharing software during your use of any ExamFX Product, using "smart" glasses during the use of any ExamFX Product, or using any technology (including artificial intelligence), device, or third party to circumvent the integrity of the training and any related course materials.
Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use ExamFX Products. If ExamFX reasonably suspects that you have violated this Agreement, or if you have not paid fees that are due and payable by you to ExamFX, then, without notice to you, ExamFX may terminate this Agreement, the license, and your account and deny you further access to ExamFX Products. Upon termination of this license, you shall cease all use of the ExamFX Products and remain liable for paying all amounts that may be due and payable by you to ExamFX. ExamFX reserves the right to modify, suspend, remove, or disable access to any ExamFX Products at any time without notice and in no event will ExamFX be liable for making any such changes.
Restrictions: You acknowledge and agree that the ExamFX Products and Services shall not be used, directly or indirectly, to train, develop, enhance, inform or improve any artificial intelligence tools, systems, models, or algorithms. This prohibition applies irrespective of whether the artificial intelligence tools, systems, models, or algorithms, are developed for commercial or non-commercial purposes. ExamFX reserves the right to monitor your use of the ExamFX Products and Services and take appropriate action, including immediately suspending and/or indefinitely terminating your Account and/or your access to ExamFX Products and Services without refund due to a violation of this provision.
ExamFX Generative AI Services: Certain ExamFX Products and Services contain generative artificial intelligence features, applications, and tools intended to generate content within the ExamFX Products and Services (collectively, "ExamFX Generative AI Services"). The use of such ExamFX Generative AI Services may require that you provide input into the ExamFX Generative AI Services ("Input") and receive output from the ExamFX Generative AI Services ("Output"). Input is considered User Content (hereinafter defined) and is subject to terms in the "User Content" section below. We may use Input to (a) provide, maintain, develop, train, tune, and improve our ExamFX Generative AI Services, (b) comply with applicable law, and (c) enforce our Agreement; by providing Input, you are permitting ExamFX to use it for all of the foregoing purposes. When you use ExamFX Generative AI Services, you understand and agree: (i) Output may not always be accurate and could contain errors, bias, hallucinations and inaccurate information; you should not rely on Output from ExamFX Generative AI Services as a sole source of truth or factual information, (ii) you must evaluate Output for accuracy and appropriateness for your use case, including using human review and verification as appropriate, before using or sharing Output from the ExamFX Generative AI Services, and (iii) you must not use any Output relating to a person for any purpose that could have a legal, health, or any other material impact on that person or their circumstances, such as making, educational, employment, medical, financial, or other important decisions about them. Due to the nature of our ExamFX Generative AI Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from our ExamFX Generative AI Services. ExamFX does not guarantee the accuracy, reliability, completeness, up-to-date nature, suitability or availability of the ExamFX Generative AI Services or any Output.
You represent and warrant that your use of ExamFX Generative AI Services will comply, in all regards, with the terms of this Agreement and that you will not use ExamFX Generative AI Services for any Prohibited Uses, as defined herein.
General: Certain ExamFX Products and Services include chat ("ExamFX Chat") and/or SMS text ("ExamFX SMS") functionality that is operated by a chatbot through ExamFX Generative AI Services and is intended to assist students and instructors using ExamFX Products and Services with their learning and instruction objectives. Your use of ExamFX Chat and ExamFX SMS are subject to the terms of this Agreement, ExamFX's Privacy Policy, as well as any other terms appearing in the ExamFX Product or Service with which you are using such functionality. If you violate any of these terms, ExamFX reserves the right in its sole discretion to suspend or terminate your access to ExamFX Chat and/or ExamFX SMS, ExamFX Products and Services and ExamFX sites.
Eligibility to use ExamFX Chat: By using ExamFX Chat and ExamFX SMS, you are indicating your agreement with these terms. If you are under the age of 18, you are required to obtain consent from a parent or legal guardian to using ExamFX Chat and ExamFX SMS and, by continuing to use each such functionality, you represent and warrant that you have obtained such consent. If you are a parent or legal guardian of a user, you acknowledge and agree that you are fully responsible for the acts or omissions of such user in relation to use of ExamFX Chat and ExamFX SMS.
Separate Terms for ExamFX SMS: In addition to these terms, use of ExamFX SMS is subject to separate ExamFX SMS Terms that will be presented for acceptance to users of ExamFX Products and Services which offer ExamFX SMS as an optional feature; user acceptance of such terms is required prior to using ExamFX SMS. By providing ExamFX with your phone number to text with ExamFX SMS, you understand and agree that ExamFX may send you texts even if your number is registered on a state or federal Do Not Call list. By separately agreeing to ExamFX's SMS Terms, you authorize ExamFX to use automated or nonautomated technology to send texts to the phone number associated with your consent.
If you are using ExamFX SMS, message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. ExamFX SMS texts are supported on all U.S. carriers. The supporting mobile carriers may change without notice and may be limited to specific carriers. ExamFX and mobile carriers are not liable for delayed or undelivered messages. ExamFX SMS texts may not be compatible with all cell phone models. After activating ExamFX SMS, users will have help and opt-out options.
Use of Artificial Intelligence: ExamFX Chat and ExamFX SMS are ExamFX Generative AI Services and your use of such functionality is subject to the "Artificial Intelligence" section in this Agreement. You must take all necessary precautions to verify Output (as defined herein) generated through ExamFX Chat and/or ExamFX SMS, as it may contain errors, bias and inaccurate information.
Your User Content: All content, material and information that you post or submit in connection with your use of ExamFX Chat and ExamFX SMS is considered User Content (as defined herein) and you agree that any such content that you post or submit will comply with the terms in this Agreement and you will not engage in any Prohibited Uses (as defined herein) in connection therewith.
Intended Use: ExamFX Chat and ExamFX SMS are intended to be used solely for educational purposes; any other use is strictly prohibited. You understand that ExamFX Chat and ExamFX SMS operate with artificial intelligence and that, when you use such functionality, you are interacting with a chatbot designed strictly to provide information to assist students using ExamFX Products and Services with their learning objectives, and faculty with related instruction.
Prohibited Use: You must not use ExamFX Chat or ExamFX SMS for any Prohibited Uses (as defined herein). ExamFX Chat and ExamFX SMS are not designed or intended to simulate social interaction of any kind, or to meet a user's social, companion, medical, psychological or therapeutic needs. Neither ExamFX Chat nor ExamFX SMS is a companion chatbot and each must not be used for any of the foregoing purposes.
Data Collection and Sharing: ExamFX will collect data and usage analytics, in connection with your use of ExamFX Chat and ExamFX SMS, in accordance with the above referenced ExamFX Privacy Policy. You understand and agree that your communications with ExamFX Chat and ExamFX SMS will be recorded and stored for ExamFX's quality and training purposes and to improve ExamFX Products and Services and may be shared with your Institution. We may also share your chats and texts with our third-party service providers, if any are used in connection with the delivery of the applicable ExamFX Products and/or Services with which you are using such functionality. By using ExamFX Chat and ExamFX SMS, you consent to the foregoing.
You agree you will not use any ExamFX sites, ExamFX Products, ExamFX Services, ExamFX Generative AI Services, ExamFX Chat, ExamFX SMS, or any functionality, feature, tool or application provided by ExamFX for any of the following prohibited uses (collectively, "Prohibited Uses"):
General: Your use of ExamFX Products and Services may involve the submission and posting of texts, chats, prompts, messages, photos, video, recordings and other content and materials submitted or posted by you and other users ("User Content"). You will be solely responsible for all User Content you post and grant ExamFX, and anyone authorized by ExamFX, a non-exclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content on or in connection with ExamFX Products and Services, as well as to share with your Institution and to improve ExamFX Products and Services. User Content is considered non-confidential and non-proprietary. You understand that your Institution may see your User Content. ExamFX has no obligation to monitor ExamFX sites or the use thereof by our users, however ExamFX and its agents may, at any time, review and remove User Content which, in ExamFX's sole discretion, violates the terms of this Agreement.
User Responsibilities: When you submit or post User Content, you warrant and represent that such User Content complies with all terms in this Agreement. You are solely responsible for your conduct; ExamFX is not responsible or liable for any user conduct. You agree not to submit, post, upload, or distribute any User Content for any Prohibited Uses (as defined herein) or which may expose ExamFX or any third party to any harm or liability of any type.
Liability Disclaimer: Neither ExamFX, nor any of ExamFX's affiliates, suppliers, partners, licensors, or service providers endorse, control, make any representations or warranties regarding, or have any responsibility or liability to you for, any User Content (including all content posted by you and other users). ExamFX does not endorse and does not warrant the accuracy, completeness or usefulness of any User Content and ExamFX and its affiliates, suppliers, partners and licensors each expressly disclaim any and all liability in connection with User Content and any activity or communications related thereto. If notified that User Content allegedly does not conform to these terms or applicable policy, ExamFX may investigate the allegation and determine in its sole discretion whether to remove the User Content at any time and without notice.
Warranties: By uploading or otherwise submitting User Content, you warrant and represent that: (i) you are the creator and owner of such User Content or you have the legal right from the owner to use and submit it in connection with your use of ExamFX Products and Services, along with all necessary licenses, rights, consents and permissions to use and to authorize ExamFX to use and distribute your User Content pursuant to the licenses granted by you in this Agreement; (ii) your User Content does not and will not: (a) violate any law; (b) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (c) slander, defame, libel or invade the right of privacy, publicity or other property rights of any other persons; or (d) contain any viruses, adware, spyware, worms or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability.
In addition to the above, you warrant to ExamFX that you will not submit, post, upload, transmit or distribute any User Content for or in connection with any Prohibited Uses (defined above).
License to ExamFX: When you upload or otherwise submit User Content to our sites, you give ExamFX a perpetual worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. Your User Content may also be used by ExamFX to provide, maintain, develop, improve, and ensure the safety and integrity of our Products and Services. This license continues even if you stop using our Products and Services.
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of ExamFX Products. You will not use the ExamFX Products in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the ExamFX Products except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. ExamFX Products may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
ExamFX Products were developed using private funds and are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
ExamFX may include material from third parties or include links to third party websites in its ExamFX Products. Such material is provided as a convenience to you and ExamFX assumes no liability or responsibility for such third-party materials or websites.
EXAMFX PRODUCTS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND EXAMFX HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE EXAMFX PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY EXAMFX EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, EXAMFX PRODUCTS IS AT YOUR SOLE RISK. EXAMFX DOES NOT WARRANT FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN EXAMFX PRODUCTS OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF EXAMFX PRODUCTS. EXAMFX TAKES PRECAUTIONS TO PROTECT EXAMFX PRODUCTS, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. EXAMFX DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF EXAMFX PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED. EXAMFX PRODUCTS ARE PROVIDED TO YOU WITH THE UNDERSTANDING THAT EXAMFX IS NOT RENDERING TO YOU ANY LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICE OR ADVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. YOUR FAILURE TO SUCCESSFULLY COMPLETE AN EXAMFX PRODUCT OR YOUR FAILURE TO PASS A PROFESSIONAL LICENSURE EXAMINATION OR OTHER PERFORMANCE REQUIREMENT IMPOSED BY A REGULATORY BODY, INDUSTRY OVERSIGHT AGENCY OR EMPLOYER DOES NOT CONSTITUTE A DEFECTIVE PRODUCT OR SERVICE.
IN NO EVENT WILL EXAMFX, INC. ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE EXAMFX PRODUCTS, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, EXAMFX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall ExamFX's total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accepting this Agreement and using the ExamFX Products, you agree that you will indemnify and hold ExamFX, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the ExamFX Products, or any action taken by ExamFX to protect its intellectual property, including, but not limited to, suspension or termination of your access to ExamFX Products.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS-INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND EXAMFX THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND EXAMFX AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND EXAMFX UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES.
ExamFX reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of ExamFX Products.
This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. Neither ExamFX nor its affiliates or divisions intend to be a "Third Party Servicer" as that term is defined in 34 C.F.R. § 668.2 or as used under Title IV of the Higher Education Act of 1965, as amended. You should not include ExamFX in its institutional reporting requirements, if any, to the U.S. Department of Education pursuant to 34 C.F.R. § 668.25(e).
The ExamFX Products were developed solely at private expense, contain "restricted computer software" submitted with restricted rights in accordance with the US FAR 52.227-19 (a) through (c) of the Commercial Computer Software License (Dec 2007) Clause and its successors, and in all respects are proprietary data belonging to ExamFX and/or its suppliers. For U.S. Department of Defense units, the ExamFX Products are considered commercial computer software in accordance with US DFARS 227.7202-3 and its successors, and use, duplication, or disclosure by the US Government is subject to the restrictions set forth herein.
You may not assign any of your obligations, rights or remedies hereunder, in whole or in part, without the express written approval of ExamFX.
ExamFX may facilitate from time to time the engagement of certain third-party services, including without limitation such third-party services for live, in-person training solutions, or other related products or services in addition to the Services described hereunder ("Third-Party Services"). You acknowledge that Third-Party Services are provided by independent third parties and are not directly controlled or managed by ExamFX. By using Third-Party Services, you acknowledge and agree that ExamFX is not responsible or liable in any way for the performance, quality, accuracy, legal or regulatory compliance, or any other aspect of the Third-Party Services. You further understand and agree that any engagement or use of Third-Party Services is solely at your own risk and discretion.
This Agreement is governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No ExamFX employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.
This Agreement is the entire and exclusive agreement between ExamFX and you regarding your use of ExamFX Products and replaces any prior agreements between you and ExamFX regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. ExamFX's failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. ExamFX is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of ExamFX's control.
ExamFX reserves the right to take steps ExamFX believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ExamFX has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ExamFX believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ExamFX's right to cooperate with any legal process relating to your use of the Products, and/or a third-party claim that your use of the Products is unlawful and/or infringes such third party's rights).
In addition to the terms set forth in this policy, your use of ExamFX's products and services is subject to our Privacy Policy, and for California Residents, our Notice to California Residents, found on this Site. We are committed to respecting your privacy. The Privacy Policy describes how we collect, use, share and protect information about you. When you interact with or use our products, services or websites ("Services"), you consent to such collection, use and sharing of your information as described in this Privacy Policy, our Terms of Use for our websites, and the Terms and Conditions that accompany our products. Our privacy practices may vary among the states, countries and regions in which we operate in order to comply with applicable legal requirements.
Updated April 2026