State Exam Pass, LLC - Terms of Service

The following terms and conditions govern all use of the StateExamPass.com website and all content, services and products available at or through the website, including, but not limited to, the StateExamPass.com Exam Prep Courses (“Exam Prep”), (taken together, the Website). The Website is owned and operated by State Exam Pass, LLC. (“SEP”). The Website is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SEP’s Privacy Policy) and procedures that may be published and/or updated from time to time on this Site by SEP (collectively, the “Agreement”).

Please read this Agreement carefully before purchasing SEP Exam Prep Courses or products, accessing, or using the Website. By accessing or using any part of the Website, You agree to become bound by the terms and conditions of this agreement. If You do not agree to all the terms and conditions of this agreement, then You may not access the Website or use any of the Website services. If these terms and conditions are considered an offer by SEP, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your StateExamPass.com User Account. If You create a user account on the Website, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under Your account and any other actions taken in connection with Your account. Your account activity on the Website must not in any way be unlawful, including activity intended to violate the copyrights protection of, or trade on the name or reputation of SEP as well as any Individual Persons or Entities (hereto referred to as “Others”).  SEP may suspend and/or cancel any account that it finds in violation of this Terms of Service Agreement (TOS), or otherwise likely to cause SEP liability. You must immediately notify SEP of any unauthorized uses or breaches of security of Your User Account.  You agree that You will be the only one person who accesses and uses Your User Account, and that You will not share or divulge access to Your User Account to anyone.  SEP will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Fees and Payment. Subscriptions to Individual State License Exam Prep Courses are available for purchase on the Website. By selecting a specific exam prep course You agree to pay SEP the 90-day subscription fees indicated for that exam prep course (the payment terms for Exam Prep Courses are described below). Payments will be charged on the day You sign up for a Exam Prep Course and will cover the use of that service for a 90-day subscription as indicated. Exam Prep Course fees are not refundable.
3. Exam Prep Courses.
   • Fees / Payment. By purchasing a 90-day subscription to the SEP Exam Prep course for Your specific State licensing test, You understand, agree to, and accept that the cost to You for the 90- day subscription is non-refundable under any circumstances, whether covered here in the SEP Terms or Sevice Agreement (TOS) or not.  Further, by purchasing Your 90- day subscription to Your choice of SEP Exam Prep Package(s), You are confirming Your acceptance of Your sole responsibility to purchase the relevant National Electric Code version for Your state, and additionally any and all relevant additional reference material required for Your specific State Licensing Exam, and that You will invest in the necessary amount of  time and effort to study Your relevant version of the National Electric Code and any and all related reference material that Your specific State Licensing board has chosen to base their exam on.  Your purchase of the 90- day subscription to specific SEP State Licensing Exam Prep Package(s) confirms Your acknowledgement that, while SEP has made every effort to ensure the effictiveness and accuracy of all content within the SEP Exam Prep Packages, that SEP will not be held liabel for nor  responsibile for any errors, ommisions, or inaccuracies within any of the SEP Exam Prep material, and that SEP can not in any way be held liable for Your not passing Your state exam, should this occur.
   • Money Back Guarantee.  While SEP has gone to great lengths to produce State Licensing Exam Prep Packages that will best prepare you to pass Your State Licensing Exam, we accept that there are circumstances that will prevent some percentage of our clients from doing so the first time they sit for their State Licensing Exam.  Whether the circumstances that prevented the client from passing their test the first time are that the client was unable to invest the necessary amount of personal time and effort in completing the SEP Exam Prep Pacakge, or perhaps the client was ill on the day of their State Exam, SEP understands that there will occasionally be circumstances beyond the control of SEP that will prevent our client(s) from passing their State Licensing Exam the first time they take the State Exam.  While the client's purchase of the the SEP State Exam Prep Package is non-refundable, we do however very much want our clients to be successful in their efforts to advance their careers.  This is SEP's goal - to give our clients the best chance to prepare properly for and to pass their State Licenisng Exam.  As such, SEP will provide any paid-in-full client who fails their State License Exam the first time with a refund provided the following (3) conditions are met:
     
     1. The client has paid-in-full their 30-day subscription fee for their respective SEP State Electrician License Exam Prep Package.
     2. The client must email to SEP a scanned-copy of the official State letter informing them that they have failed the exam.  This email must be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it  
     3. That the client was logged-into their SEP account with their State Exam Prep Package open for a minimum of 40 hours prior to taking their actual State Electrician License exam.  Please Note:  SEP reserves the right to waive or modify our requirements for condition 3 of our Money Back Guarantee based solely on our discretion.  SEP may also choose to offer the client, in addition to the their refund, a free 30-day remedial subscription in to their original State Exam Prep Package.
     When issuing a failed state-exam refund, SEP will apply and deduct from the refund a 15% processing fee.
     PayPal Payment Processing.  SEP uses PayPal exclusively as our Online Payment Processor.  This means that when you purchase one or more SEP State License Exam Prep Courses, you will be temporarily redirected to PayPal’s website, where You have the option to purchase Your Exam Prep Course(s) using a major credit card, or by using Your existing PayPal account (should You have one).  Upon completion of Your purchase of the SEP  Exam Prep Course(s) You have selected, You will be automatically redirected from PayPal’s website back to StateExamPass.com.  PayPal is the world leader in secure online payment processing.  IMPORTANT NOTE:  We retain none of Your financial information on our Website, StateExamPass.com.  When You purchase Your Exam Prep Course(s), Your credit card or PayPal account information is processed entirely by and stored within the PayPal website system.
     Support. Exam Prep Courses include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by SEP to respond within one business day) concerning the use of the Exam Prep Courses. “Priority” means that support for Exam Prep Courses customers takes priority over support for users of the standard, free StateExamPass.com Website services. All Exam Prep Courses support will be provided in accordance with SEP standard Exam Prep Course practices, procedures and policies.
4. Notice to the Subscriber.  SEP does not warrant nor guarantee any of the products offered on the site or perform independent analysis in connection with any of the produce information contained on the site.  SEP does not assume, and expressly disclaims, any obligation to obtain and include information other than that it provides in the course of developing the SEP Prep Exams.   The subscriber is expressly warned to consider and adopt all safety precautions that might be indicated by the activities on the site and to avoid all potential hazards.   By following the instructions contained on the site, the subsciber willingly assumes all risks in connection with such instructions.   SEP makes no representation or warranties of any kind, including but not limited to, the warranties of fitness for particular purpose or merchantability, nor are any such representations implied with respect to the material set forth herein, and SEP takes no responsibility with respect to such material.   SEP shall not be liable for any special, consequential, or exemplary damages resulting, in whole or in part, from the subsciber's use of, or reliance upon, this material.
5. Responsibility of Website Visitors. SEP has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SEP does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. While SEP will make every effort, on a continuing basis to assure that our Website is free from all malicious or destructive software, You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SEP will make every reasonable effort to assure that The Website does not contain content that is offensive, indecent, or otherwise objectionable.  SEP makes no guarantees, real, implicit, or in writing, that Website content will not contain technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SEP disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.  SEP Website visitors, whether they be guests or Registered Users of the Website, by acceptance of this Terms of Service Agreement, confirm that they will not download, copy, or re-distribute any of the content of the Website without the express written consent of SEP.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which StateExamPass.com links, and that link to StateExamPass.com. SEP does not have any control over those non-StateExamPass.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-StateExamPass.com website or webpage, SEP does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SEP disclaims any responsibility for any harm resulting from Your use of non-StateExamPass.com websites and webpages.
7. Copyright Infringement and DMCA Policy. As SEP asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by StateExamPass.com violates Your copyright, You are encouraged to notify SEP in accordance with SEP’s Digital Millennium Copyright Act (”DMCA”) Policy. SEP will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of SEP or others, SEP may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, SEP will have no obligation to provide a refund of any amounts previously paid to SEP.
8. Intellectual Property. This Agreement does not transfer from SEP to You any SEP or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SEP. SEP,  StateExamPass.com, the StateExamPass.com logo, and all other trademarks, service marks, graphics and logos used in connection with StateExamPass.com, or the Website are trademarks or registered trademarks of SEP or SEP’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any SEP or third-party trademarks.
9. Changes. SEP reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SEP may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. SEP may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your StateExamPass.com account (if You have one), You may simply discontinue using the Website. Notwithstanding the foregoing, if You have a Exam Preps account, such account can only be terminated by SEP if You materially breach this Agreement and fail to cure such breach within thirty (30) days from SEP’s notice to You thereof; provided that, SEP can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Website is provided “as is”. SEP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SEP nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at Your own discretion and risk.
12. Limitation of Liability. In no event will SEP, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) inability to reach the site when either the customer has internet connectivity issues, or if our server is down for maintance or unforseen circumstance; or (v) for any amounts that exceed the fees paid by You to SEP under this agreement during the twelve (12) month period prior to the cause of action. SEP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) Your use of the Website will be in strict accordance with the SEP Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless SEP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Website, including but not limited to out of Your violation this Agreement.

Last Updated April 3, 2009