Test Interest User Agreement - Terms and Conditions
Your User Agreement - The following describes the terms on which Test Interest LLC offers you access to our services.
Introduction - Welcome to Test Interest LLC. By using Test Interest LLC (including TestInterest.com and its related sites, services and tools), you agree to the following terms with Test Interest LLC and the general principles for the websites of our subsidiaries and international affiliates. This Agreement is effective on January 1, 2017, for current users, and upon acceptance for new users. This Agreement superseeds any earlier published Agreement.
Using Test Interest LLC - While using Test Interest LLC sites, services and tools, you will not:
- Post content or items in an inappropriate category or areas on our sites and services;
- Violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
- Use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
- Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- Manipulate the price of any item or interfere with other users' listings;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to Test Interest LLC;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Test Interest LLC);
- Transfer your Test Interest LLC account (including feedback) and User ID to another party without our consent;
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm Test Interest LLC, or the interests or property of Test Interest LLC users;
- Export or re-export any Test Interest LLC tools except in compliance with the export control laws of any relevant jurisdictions;
- Copy, modify or distribute rights or content from the Test Interest LLC sites, service or tools or Test Interest LLC's copyrights and trademarks; or
- Harvest or otherwise collect information about users, without their consent.
Copyright - By becoming a Test Interest member, I grant Test Interest full permission to capture, store, use and/or reproduce any text, images, video and audio or likenesses thereof that I provided Test Interest, and create derivative works of these images and recordings in any Test Interest media known or later developed, for any legitimate Test Interest marketing or promotional purpose. By becoming a Test Interest member I waive any right to royalties or other compensation arising from or related to use of the images, text, video and audio recordings that I provided Test Interest. By becoming a member I release, defend, indemnify and hold harmless Test Interest from and against claims, damages or liability arising from or related to the use of the images, text, video and audio that I provided, including but not limited to claims of defamation or copyright infringement, or any misuse or production of the finished product, its publication or distribution.
Abusing Test Interest LLC - Test Interest LLC and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Test Interest LLC's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Test Interest LLC transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Test Interest LLC sites, services or tools.
Buyer Protection - The Test Interest website provides a means of marketing, selling and promoting your products and services, and acts as a medium between buyer and seller only. Communication between buyer and seller is between these two parties only. It is therefore strongly recommended to screen your buyer/seller before closing a deal. Test Interest can therefore not be held liable for any harm, loss or damage transpired between buyer and seller.
Fees and Services - Joining Test Interest LLC and responding to listed products and services is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Test Interest LLC site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.??Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
Membership Upgrade - Upgrades are not pro-rated and become effective immediately. Any residual time from you current membership expires on the date of your upgrade.
Content - When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Test Interest LLC users). You may use catalog content solely in connection with your Test Interest LLC listings during the time your listings are on Test Interest LLC's sites. While we try to offer reliable data, we cannot promise that the website will always be accurate and up-to-date, and you agree not to hold our website content providers or us responsible for inaccuracies in and lack of information. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Test Interest LLC policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability - You will not hold Test Interest LLC responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that our sites are venues to allow anyone to offer, sell, and buy anything related to test and measurement, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. We cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Release - If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference - The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Test Interest LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Test Interest LLC and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Listing Conditions - By listing an item on Test Interest LLC’s sites, you agree to pay Test Interest LLC’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Test Interest LLC’s sites, your listing will be posted on Test Interest LLC’s sites and can be viewed in MyMenu. Your listing may not be immediately searchable by keyword or category for several hours (or up to 48 hours in some circumstances), so Test Interest LLC can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.
Indemnity - You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency - No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices - Except as explicitly stated otherwise, legal notices shall be served on Test Interest LLC's national registered agent (in the case of Test Interest LLC) or to the email address you provide to Test Interest LLC during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes - If a dispute arises between you and Test Interest LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Test Interest LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Test Interest LLC must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against Test Interest LLC must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Test Interest LLC may recover attorneys' fees and costs up to $1000, provided that Test Interest LLC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Additional Terms - The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
- Outage Policy -
- Prohibited and Restricted Items Policy -
- Discussion Boards Usage Policy -
- Listing Policy -
- Investigations -
- Test Interest LLC Groups Guidelines -
- Rules about Intellectual Property -
Each of these policies may be changed from time to time. Changes take effect when we post them on the Test Interest LLC site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General - Test Interest LLC is located at 5021 Verdugo Way Suite 105 #106, Camarillo, CA 93012, USA. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Test Interest LLC Message System. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
All Registered Trademarks, brand names and logos are respected and their ownership acknowledged. They are used on this website for information and reference purposes only. Test Interest doesn't assume any other implication or representation.