Anyone over the age of 13 may create a user account to become a member. You must be at least thirteen (13) years of age to use the Site. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age (ii) that you have not previously been suspended or removed from the Site and (iii) that your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
All of the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms, including any user name that uses another person's identity or that violates our community and content guidelines.
We may use the email you provide to us in your user account profile to provide you with service messages and updates. By becoming a Site member you are consenting to the receipt of these communications.
You are responsible for all content that you post on, transmit through or download from the Site. You may not post content that:
We may remove any content that violates these Terms or that we determine is otherwise not appropriate for the Site in our sole discretion.
By posting or transmitting content on or through the Site, you
All of our content available through the Site is owned by or licensed to us or our partners and/or users and is protected by copyright and/or trademark laws. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of this content (other than your own content), in whole or in part, outside of the specific usage rights granted to you by WP5 as part of the services we provide.
You may not use the Site to do any of the following:
You may not do any of the following to the Site:
All of the content available through the Site is subject to the copyrights and trademarks of WP5, our partners, or users. Except as described in the previous paragraph, you may not store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of the Site content, in whole or in part.
WP5 respects the rights of intellectual property holders. If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the WP5’s designated agent listed below.Elizabeth Diaz II
We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Site more than twice.
We reserve the right at any time to charge fees for access to portions of the Site or the Site as a whole. However, in no event will you be charged for access to the Site or any portion thereof unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Site that are now free, we will give you advance notice of such fees. You may subscribe or cancel your subscription as set forth in our Additional Terms of Service. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Site by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Site through your account.
We maintain the right to do any of the following any time, with or without prior notice:
Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer or other devices; WP5 does not warrant the successful operation of the Site on your computer or other device, and we are not liable for any such problems that result from your use of the Site. Moreover, the Site may contain advice, opinions, instructions, statements, and other information from WP5, its users, and other content and information providers. This content in intended to be used for informational and entertainment purposes only. Your use of the Site and content is at your own risk.
You understand that by using the Site, you may be exposed to content that you find offensive or objectionable.
We disclaim any responsibility for inaccuracies on the Site. We are not responsible for any loss, harm, error or omission that may result from the use of the Site or the services we provide or for any service failure or interruption, regardless of the cause.
These Terms shall be construed in accordance with the laws of the State of California without regard to conflict of law principles, and the parties irrevocably consent to the personal and exclusive subject matter jurisdiction of the state and federal courts located in Los Angeles, California, USA. Notwithstanding the above, you agree that WP5 shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WP5 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WP5 DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WP5 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
By utilizing the Site you agree to indemnify, defend and hold WP5 and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by WP5 through your use of the Site or your posting or transmission of content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any content you post or transmit through the Site or the services we provide. WP5 reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
To the maximum extent permitted by law, you agree that neither WP5 nor its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, nor each of their respective successors and assigns, will be liable to you and/or any other person for direct, indirect, incidental, punitive, exemplary, special, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill, or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort, (including negligence) or strict or product liability, whether or not WP5 has been informed of the possibility of such damage. Without limiting the foregoing, in no event will the aggregate liability to you of WP5, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers and each of its respective successors and assigns exceed, in total, the amounts paid by you to us or, if there have been no payments, then US$100.00.
Any action concerning any dispute you may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
The failure of WP5 to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or WP5‘s right to act with respect to subsequent or similar breaches.
Copyright © 2012-2014. Web Property #5, LLC All Rights Reserved. Tested and Tested.com are trademarks of Web Property #5, LLC.
The Tested Community welcomes all individuals and values the contributions of all its members.
Tested is a place for personal expression, storytelling, and honest opinions; a safe environment to share your experiences and get support from others who understand what you are celebrating and what you are going through. We encourage the sharing of information, ideas, and personal stories via comments throughout Tested and active participation in our Community.
Please be aware that Tested does not confirm or verify the information posted by members of its Community and therefore cannot validate its accuracy. We do not recommend following medical advice given by another member without consulting a medical professional. Additionally, we rely on our members to report abuse and flag inappropriate material.
We ask that you respect the Tested Community and refrain from engaging in inappropriate behavior on Tested. Accordingly, please:
If you become aware of any inappropriate behavior on Tested, please report them immediately.
Tested reserves the right, without limitation to that which is expressly stated in these Community Guidelines and in our Terms, to moderate or remove any post at any time and to ban any member at any time, for any reason. If a post speaks to illegal activities, Tested will contact appropriate authorities as required by law. Tested has no obligation to delete content members find personally objectionable or offensive and retains the right to change or modify these rules at any time and without notice.
By participating in the Community you are agreeing to abide by the above guidelines and maintain the fun, positive atmosphere for which Tested is known.
Copyright © 2012-2014. Web Property #5, LLC. All Rights Reserved.
Last updated March 17, 2014.