Effective Date: {{INSERT DATE}}
These Terms & Conditions (the “Terms”) govern access to and use of the website, mobile experiences, and related services that provide real estate exam preparation for U.S. state and national portions (collectively, the “Service”). By creating an account, purchasing access, or using the Service, you agree to be bound by these Terms.
1) Who We Are & Contact
Company: Exam Archives
Website: www.exam-archives.com
Contact: [email protected]
If you have questions about these Terms or need to send notices (including DMCA notices or arbitration opt‑outs), use the contact information above.
2) Eligibility & Accounts
You must be at least 16 years old (or the age of majority in your jurisdiction if higher) to use the Service. If you are under 18, you represent that you have parental/guardian consent.
You are responsible for all activity that occurs under your account. Keep your credentials (including any one-time access codes) secure and do not share them with anyone.
We may place reasonable limits on accounts (e.g., device limits, login attempts, concurrent sessions) to protect the Service and users.
3) Educational Use Only — No Legal Advice; Not a School
The Service provides educational exam preparation materials. It is not legal advice, professional advice, or a substitute for official education or licensing requirements.
We are not affiliated with or endorsed by any state real estate commission, regulator, testing provider, PSI, Pearson VUE, or similar entity. All trademarks belong to their respective owners.
Unless explicitly stated in writing, we are not an approved pre‑licensing or continuing education provider in any state. Our content is for independent practice and review.
4) Intellectual Property; License to You
Our Content. Except for public laws and user‑submitted content, all quizzes, questions, explanations, guides, text, images, videos, software, compilations, selection/arrangement, and design are owned by us or our licensors and protected by copyright and other IP rights.
Public Laws. Statutory text and regulations are generally public domain, but compilations, summaries, and curated question banks are protected.
Your License. Subject to these Terms and payment of any applicable fees, we grant you a limited, personal, revocable, non‑exclusive, non‑transferable license to access and use the Service for your own study purposes.
Restrictions. You may not copy, scrape, spider, archive, mirror, publicly display, distribute, resell, or create derivative works from our content (including question banks and explanations) except as expressly allowed by these Terms or with our written permission.
5) User Content; Feedback
If you upload, submit, or transmit content (e.g., notes, custom questions, messages), you grant us a worldwide, royalty‑free license to host, store, reproduce, and display that content to operate and improve the Service.
Do not upload or share proprietary test materials or other content you do not have the right to share. You are responsible for your content.
You assign to us all rights in feedback, suggestions, and improvement ideas for the Service without compensation.
6) Prohibited Conduct
You agree not to:
Distribute or reveal proprietary exams or confidential testing content from any provider.
Use bots, scrapers, or other automated means to access the Service or download question banks.
Share access, credentials, or one‑time codes; sell or transfer your account.
Circumvent access controls, rate limits, or content protections.
Use the Service during an actual proctored exam or to cheat on any assessment.
Upload unlawful, infringing, defamatory, or harmful material.
We may suspend or terminate access if we believe these Terms were violated.
7) Purchases, Access Codes, and Refunds
Pricing. Prices, discounts, and promotions may change from time to time. Taxes may apply.
Access Codes. If access is delivered via one‑time code(s), each code is single‑use, non‑transferable, and tied to your account for ongoing access as described at purchase. We may invalidate codes obtained fraudulently.
Subscriptions or One‑Time Purchases. Your purchase type and access duration are shown at checkout. If subscription‑based, it will renew automatically unless canceled as described at checkout.
Refunds. Our default policy is: {{INSERT REFUND POLICY—e.g., 7‑day money‑back guarantee if <10% of questions attempted}}. Certain items may be non‑refundable as disclosed at purchase.
Chargebacks & Fraud. We may suspend access for suspected fraud or chargebacks while we investigate.
8) Exam Names, Logos, and Trademarks
Names of testing providers and exam brands are used for identification only. We do not claim any sponsorship or endorsement. All trademarks are the property of their owners.
9) Accuracy; Updates; No Score Guarantee
We regularly update questions and explanations; however, real estate laws and testing blueprints can change. Always verify current requirements with your state regulator and official testing provider.
We do not guarantee a pass result, score outcome, or any professional or academic benefit.
10) DMCA Copyright Policy
We respect intellectual property rights and respond to notices under the Digital Millennium Copyright Act (DMCA). To submit a notice, provide:
Your contact information; 2) Identification of the copyrighted work; 3) Identification of the material to be removed (URL); 4) A statement of good‑faith belief that use is not authorized; 5) A statement that the notice is accurate and, under penalty of perjury, you are authorized to act; 6) Your physical or electronic signature.
DMCA Agent: {{Name/Position}} — {{DMCA Email}} — {{Postal Address}}
Counter‑notices must include the information required by the DMCA. We may restore content per applicable law.
11) Third‑Party Services
The Service may integrate or link to third parties (e.g., payment processors such as Stripe or Square; authentication providers; form or quiz platforms). We do not control and are not responsible for third‑party services, which may have their own terms and privacy policies.
12) Privacy; Data Processing
Your use is subject to our Privacy Policy, which describes how we collect, use, and share information. By using the Service, you consent to receiving service‑related communications (e.g., transactional emails, security notifications).
13) Accessibility & Accommodations
We aim to make the Service accessible and strive to improve continuously. If you need an accommodation, contact us using the details above.
14) Disclaimers
THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE.
15) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR ACCESS IN THE 12 MONTHS BEFORE THE CLAIM AROSE; OR (B) USD $100.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
16) Indemnification
You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your content; (c) your violation of these Terms; or (d) your violation of another’s rights.
17) Dispute Resolution; Arbitration; Class‑Action Waiver
Informal Resolution First. Before filing a claim, you agree to email us and attempt to resolve the dispute informally within 30 days.
Binding Arbitration. If not resolved, disputes will be resolved by final, binding arbitration administered by AAA (American Arbitration Association) under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
Venue & Fees. Arbitration will occur by video/telephone or in the county of your residence, unless we agree otherwise. The arbitrator may award individual relief consistent with these Terms.
Class & Jury Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER OR IN A REPRESENTATIVE PROCEEDING. YOU WAIVE THE RIGHT TO A JURY TRIAL.
Opt‑Out. You may opt out of arbitration within 30 days of accepting these Terms by sending an email to {{Arbitration Opt‑Out Email}} stating your name, account email, and a clear statement that you opt out. Opting out does not affect other parts of these Terms.
Small‑Claims Exception. Either party may bring an individual action in small‑claims court.
18) State‑Specific & National Exam Disclaimers
State and national exam references are for study orientation only. Content is original and does not reproduce proprietary exam items.
Where state rules restrict the publication of exam questions or confidential test content, you agree not to submit, share, or request such material.
You are responsible for understanding and complying with your state’s licensing requirements, including eligibility, pre‑licensing education, background checks, and continuing education.
19) Termination
We may suspend or terminate your access if you breach these Terms, engage in fraud, or if required by law. Upon termination, your license ends and you must stop using the Service. Sections that by their nature should survive will survive (e.g., IP, disclaimers, arbitration, limitations of liability, indemnification).
20) Changes to the Service or Terms
We may modify the Service and these Terms. If changes are material, we will provide reasonable notice (e.g., by email or on‑site notice). Changes apply prospectively from the Effective Date. Continued use after changes means you accept the revised Terms.
21) Miscellaneous
Governing Law. Except as preempted by federal law, these Terms are governed by the laws of {{SELECT STATE—e.g., Delaware or your home state}}, without regard to conflicts‑of‑law principles. The arbitration agreement is governed by the FAA.
Assignment. You may not assign these Terms without our consent. We may assign them freely.
Severability. If any part of these Terms is found unenforceable, the remainder remains in effect.
No Waiver. Failure to enforce a provision is not a waiver.
Entire Agreement. These Terms and any policies referenced (e.g., Privacy Policy, refund terms shown at checkout) are the entire agreement between you and us regarding the Service.
Headings. Headings are for convenience only.
22) Exam Integrity & Fair Use Statement
Our questions and explanations are original educational works designed to teach underlying concepts and law—not copies of proprietary exam content. When we quote short passages of statutes or regulations, such quotations are in the public domain and/or used for educational commentary consistent with fair‑use principles.
We maintain internal processes to avoid reproducing proprietary exam items. If you believe something infringes your rights, please use our DMCA process in Section 10.
23) Notices
We may provide notices via email, in‑product messages, or postings on the Service. You agree to keep your email current and to review notices.
Acknowledgment
By using the Service, you acknowledge that you have read, understood, and agreed to these Terms.