Terms and Conditions
USE OF THE ADVANTAGE TESTING FOUNDATION WEB SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY REFERRED TO HEREIN AS THE “TERMS”).
USING THE ADVANTAGE TESTING FOUNDATION WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
Through its self-study plans on its web site at http://www.atfoundation.com (the “Site”), the Advantage Testing Foundation provides information and the opportunity to learn about a standardized test and applying for admission college, university, or graduate school. The term “you” or “User” as used herein refers to any person or entity accessing the Site for any reason.
THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPECIFICALLY, THE AT FOUNDATION DOES NOT WARRANT THAT YOU WILL HAVE ACCESS AT ALL TIMES TO THE SITE AND THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHER, THE AT FOUNDATION MAKES NO WARRANTIES AS TO YOUR SCORE IMPROVEMENT OR ADMISSION TO ANY SCHOOLS.
The AT Foundation is committed to a policy of equal treatment and opportunity in every aspect of its relations with its faculty, students, and staff members, without regard to age, citizenship status, color, disability, marital or parental status, national origin, race, religion, sex, or sexual orientation.
Proprietary Rights in the Site
All content on the Site and any and all associated copyrights, trademarks, and other intellectual property rights related thereto are the sole and exclusive property of the AT Foundation and its affiliates or licensors. You shall not duplicate, modify, copy, or post any part of the Site or the Site’s content in any form or by any means, in whole or in part, without the AT Foundation’s prior written permission.
Third Party Websites and Content
The Site may contain links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, video, information and other content or items belonging to or originating from third parties (the "Third Party Material"). The AT Foundation shall not be responsible for monitoring or checking for accuracy such Third Party Sites and Third Party Material, or access to these Third Party Sites and Third Party Material posted on, available through or installed from the Site. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Material does not imply approval or endorsement by the Founding Partnership. Users shall be solely responsible should Users wish to leave the Site and access Third Party Sites or to use or rely on any Third Party Material.
By visiting or using the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Advantage Testing Foundation or any of its affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AT FOUNDATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM THE RELIANCE ON, THE USE OF, OR THE INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES EVEN IF THE AT FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms constitute the entire agreement between you and the AT Foundation regarding the use of the Site. The failure of the AT Foundation or any of its partners or affiliates to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This Website is owned and operated by The Advantage Testing Foundation.
The Advantage Testing Foundation
210 East 86th Street, Suite 601
New York, New York, 10028