TERMS OF SERVICE
1. CONDITIONS OF USE:
American Universities & Colleges Consultant LLC dba Somanoc is a Limited Liability Company located at 1501 SW 59Th Street, Oklahoma City, Oklahoma 73119, USA; hereby referred to as (“Somanoc”, “Company” “we”, “our” or “us”). Somanoc provides competency examination testing services and test preparation resources on the Somanoc website, referred to as (“Website”, “Site”). The use of this website and its products and services are expressly subject to the following terms and conditions (“Terms”). Somanoc reserves the right to occasionally change or amend these Terms without prior notice to users. Therefore, if modifications or changes are unacceptable to you as a website consumer, you may terminate this Agreement by stopping to use and access the Somanoc website. It is your responsibility as a consumer to review these Terms to ensure they are acceptable to you. You agree to use this site only for lawful purposes and agree not to take any action that might compromise the security or accessibility of the site. Therefore, these Terms and Conditions of Use are legally binding, and any use of this Somanoc website, its products, and services constitutes your Agreement to be bound by the Terms.
2. LICENSE AND SITE ACCESS:
Somanoc grants you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of this site, subject to the Terms and conditions. The Somanoc website and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, reverse-engineered, used to create derivative works, assigned, sub-licensed, granted as a security interest, transferred, or otherwise exploited for any commercial purpose without the express written consent of Somanoc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, and form of Somanoc and/or its affiliates, without the express written consent of Somanoc. You may not use any meta tags or any other “hidden text” utilizing Somanoc’s name or Marks without the express written consent of Somanoc. Any unauthorized use terminates the license granted by Somanoc. You agree to use the site only for lawful purposes. You agree not to take any action that might compromise our website’s security, render it inaccessible to others, or otherwise cause damage to the site or its contents. You agree not to use the site in any manner that might interfere with the rights of others.
3. USER ACCOUNT:
If you create an account on the Somanoc website to access and consume our products and services, you agree to accept responsibility for all activities that occur in your account, and you shall be solely responsible for maintaining the confidentiality of your login and password information, and for restricting unauthorized access to your account. Users who are Minors and are under the age of 18 may only create an account with the approval of a legal guardian. Somanoc reserves the right to refuse Services, terminate an account, remove or edit content, and cancel Services at our sole discretion without prior notice.
4. PRIVACY POLICY:
As a consumer of Somanoc’s website and its products and services, it is your responsibility to review Somanoc’s Privacy Policy, which additionally governs your use of Somanoc’s website, www.somanoc.com, to know and understand our practices. Please review our full Privacy Policy by clicking on the Privacy tab that governs your use of our website. You affirm and agree to the use of your data in accordance with the privacy policy.
5. ELECTRONIC COMMUNICATIONS:
Somanoc uses email and text messages as an electronic communication format between us and the consumers of our products and services. When you visit www.somanoc.com and create a user account, you expressly agree and consent to communicate with us electronically through email, text, or both. When you visit somanoc.com or send emails to us, you are communicating with us electronically, and therefore, you consent to receive communications from us electronically.
6. COMPUTER VIRUSES AND MALWARE:
While the Somanoc website, its products, and services are secure, we cannot guarantee the unlikelihood of viruses and malware attacks. Therefore, Somanoc is not responsible for any damage to data, software, computer, telecommunications, or other equipment, including damage caused by a virus or malware transmission you may experience due to visiting this website or any of its links.
7. SOFTWARE DOWNLOADS:
Any software available for download from the Somanoc website is protected by copyright. Use of such software is governed by the terms and conditions of the end user license agreement that accompanies or is included with the software. Downloading and/or using such software indicates your acceptance of the terms of the end-user license agreement.
8. COMMENTS, REVIEWS, COMMUNICATIONS, AND OTHER CONTENT:
Any third party may be allowed to post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, malware, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Somanoc reserves the right, but not the obligation, to remove or edit such content. You acknowledge, agree, and understand that Somanoc does not regularly review posted content on the website. If you do post content or submit material, and unless Somanoc agrees in an executed signed writing otherwise, you grant Somanoc a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Somanoc and sublicensees the right to use the name you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Somanoc for all claims resulting from content you supply. Somanoc takes no responsibility and assumes no liability for any content posted by you or any third party.
10. DISCLAIMER OF WARRANTIES
SOMANOC GIVES NOTICE THAT ALL INFORMATION CONTAINED WITHIN THE SITE IS SUBJECT TO ALTERATION WITH OR WITHOUT NOTICE. WHILE WE ATTEMPT TO ENSURE THE ACCURACY OF ALL INFORMATION CONTAINED WITHIN THIS WEBSITE IS CORRECT AT THE TIME OF PUBLICATION, ALL DETAILS (INCLUDING SPECIFICATIONS, DATES, PRICES, ETC.) ARE SUBJECT TO CHANGE. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SOMANOC ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY. SOMANOC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK, AND YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER OR ANY OTHER EQUIPMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOMANOC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOMANOC DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR EMAIL, WHETHER SENT FROM SOMANOC OR OTHERWISE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOMANOC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOMANOC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO ADVICE, BLOGS, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. THE SOMANOC WEBSITE SHOULD ONLY BE USED FOR INFORMATION PURPOSES AND IS NOT INTENDED TO CONSTITUTE ADVICE IN ANY SPECIFIC SITUATION AND SHOULD NOT BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION. YOU SHOULD NOT RELY ON OUR WEBSITE TO MAKE OR REFRAIN FROM MAKING ANY DECISIONS OR TAKE OR REFRAIN FROM TAKING ANY ACTION.
11. LIMITATION OF LIABILITY:
Notwithstanding anything contained in this Agreement, in no event shall Somanoc be liable to you for losses, damages, liabilities, claims, and expenses; including but not limited to legal costs and defense or settlement costs whatsoever, arising out of, or related to, material on our website or the use of, or the inability to use anything connected to the website, whether in contract, tort including negligence, statute or any other theory) even if Somanoc has been advised or has knowledge of the possibility of the potential loss or damage in advance or otherwise. Liability of Somanoc for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the supply of the goods or services or the cash equivalent, in Somanoc’s sole opinion.
12. COPYRIGHT AND TRADEMARKS:
All content included on this site, such as text., graphics, logos, button icons, images, audio clips, digital downloads, data compilations, services names, trademarks, registered trademarks, trade dress and software, is the property of Somanoc or licensors (“Somanoc Content) and protected by United States and international copyright, trademark, service marks, patents and any other domestic or international intellectual property laws. You acknowledge and agree that all such Somanoc Content is the property of Somanoc or its licensors. Somanoc and its licensors retain all proprietary rights in such Somanoc Content. You may not download, copy, reproduce, modify, distribute, republish, display, post or transmit any part of this website without our express written permission.
12. JURISDICTION:
The Terms are governed by and shall be interpreted pursuant to the internal laws of the state of Oklahoma, USA, without giving effect to the principles of conflicts law thereof, and you consent to the jurisdiction and venue of the state and federal courts of Oklahoma, Oklahoma County.
13. CHANGES TO OUR WEBSITE TERMS & CONDITIONS:
We reserve the right to add or change these Terms. Any changes will be posted to this page, and it is your responsibility as a user to ensure that you are aware of any such changes from time to time.
14. THIRD-PARTY WEBSITES:
Any links provided to third-party websites or information supplied about third parties (third-party information) on Somanoc’s websites are supplied as a convenience. Linked sites are not under the control of Somanoc; and Somanoc is not responsible for any third-party linked sites, the contents of such sites, any use of the same, or for third-party information. The inclusion of a link or third-party information does not imply endorsement by Somanoc of the linked site or third-party information, any organization or person associated with the linked site or third-party information, or any products or services offered or marketed through the linked site or by the third party.
15. COMPLETE AGREEMENT:
The Terms constitute the whole legal Agreement between you and Somanoc and, govern your use of the website and any content and completely replace and supersede any prior agreements between you and Somanoc, whether written or oral, in relation to the website or any service thereof.
16. SEVERABILITY:
If a provision of this Section is found to be invalid, illegal, or unenforceable in any respect, the court may modify it to make such provision enforceable or, in the alternative, remove it without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.