Terms of Use Agreement

General

This page sets forth Word-Nerd’s “Terms of Use” under which you may use the www.word-nerd.com (the “Website”).  These Terms of Use include Word-Nerd’s Privacy Policy, which is incorporated into these Terms of Use by reference.  By using the Website, you are indicating your agreement to these Terms of Use, including Word-Nerd’s Privacy Policy.  Please read this page carefully.  If you do not accept the Terms of Use stated herein, do not use the Website and the web-based services provided by Word-Nerd.

Eligibility

Upon registration for the Website, you will be asked to provide Word-Nerd with certain information including, without limitation, a valid email address.  By registering for the Website, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the Website will not violate any applicable law or regulation. Your registration is solely for your personal use, and you shall not authorize others to use your account, including your email address.

Use Restrictions

A.          Users shall not use the Website (i) to resell or assign rights in or to any materials compiled therein, (ii) in violation of any applicable law or regulation, (iii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iv) that is defamatory, obscene, threatening, abusive or hateful.

B.          The Website may be used only for lawful purposes by individuals seeking to learn vocabulary words for the purpose of taking one or more standardized tests.

C.          Notwithstanding anything contained herein to the contrary, users agree not to use the Website for any of the following purposes:

i.          if you have a password, allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

ii.          taking any action that imposes an unreasonable or disproportionately large load on Word-Nerd's infrastructure;

iii.         using (or attempting to use) any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search Word-Nerd other than the search engine available from Word-Nerd on the site and other than generally available third party web browsers (e.g., Microsoft Explorer, Mozilla Firefox, etc.);

iv.         accessing data not intended for you or logging into a server or account that you are not authorized to access;

v.         probing, scanning, or testing the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

vi.         forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

vii.        attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website;

viii.       aggregating, copying or duplicating in any manner any of the materials or information available from the Website;

ix.         attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; and

x.         framing of or linking to any of the materials or information available from the Website.

Proprietary Information

The contents of this Website, such as the Word-Nerd logo and character, trademarks and service marks, text, graphics, images, logos, button icons, software and other items and product and service names (collectively referred to herein as the “Proprietary Information”) are protected under both United States and foreign copyright, trademark and other laws.  All Proprietary Information is the property of Word-Nerd.  The collection, arrangement and assembly of all content on this Website is the exclusive property of Word-Nerd and is protected by U.S. and international copyright laws.  Unauthorized use of the Proprietary Information may violate copyright, trademark, and other laws.  You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Proprietary Information on any copy you make of the Proprietary Information.  You may not sell or modify the Proprietary Information or reproduce, display, publicly perform, distribute, or otherwise use the Proprietary Information in any way for any public or commercial purpose.  The use of the Proprietary Information on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Word-Nerd creates to generate its pages.

Lawful Use

This Website may be used only for lawful purposes by individuals seeking to learn vocabulary words.  As one of the conditions of your use of this Website, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) this Website for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of this Website complies with these terms and conditions and to seek prior written consent from Word-Nerd for any uses not permitted or not expressly specified herein.

Refund Policy and Subscription Cancellations

All purchases of a subscription to Word-Nerd are final and no refunds will be made for any reason. Subscriptions may be cancelled at any time without refund of the subscription fee.
 
Non-Waiver

The failure of Word-Nerd to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.  If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Word-Nerd or the terms of use that you may have must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Limitation of Liability

Word-Nerd assumes no liability with respect to your performance on any standardized test and offers no guarantee that your standardized test scores will improve based on your use of the Website or that any particular vocabulary word will or will not appear on any standardized test. As a condition to your use of this site, you release Word-Nerd from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  The use of the Website and materials therein is at your own risk.  Changes are periodically made to the Website and may be made at any time. 

WORD-NERD DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIALS THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WORD-NERD IS NOT RESPONSIBLE FOR THOSE COSTS.  THE WEBSITE AND MATERIALS THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  WORD-NERD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WORD-NERD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL WORD-NERD, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIALS THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WORD-NERD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Word-Nerd of the contents on such third-party websites. Word-Nerd is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites.  If you decide to access linked third-party websites, you do so at your own risk.

Termination

Word-Nerd reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access the Website and/or any other service provided to you by Word-Nerd, upon any breach by you of these Terms of Use or if Word-Nerd is unable to verify or authenticate any information you submit to the Website upon registration.

Contact Information

Word-Nerd is operated by Nerds and Words, LLC. The address and telephone number of the company are:

2411 Hall Street #16
Dallas, Texas 75204
USA
(214) 521-1543

For general inquiries, please contact the company at customersupport@word-nerd.com.

Miscellaneous

These Terms of Use are governed by the substantive laws of the State of Texas, without respect to its conflict of laws principles.  Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Dallas County, Texas.  These Terms of Use constitute the entire agreement between you and Word-Nerd and governs your use of the Website, unless otherwise agreed to in writing.