These Terms of Service (the “Terms”) govern your access to and use of NthEye’s websites (the “Website”), NthEye’s services and the services NthEye provides to you which are licensed from third parties, as well as any additional services developed by, bundled with or otherwise used in connection with your interaction with NthEye (the “Services”), as well as any information, text, audio, video, images, graphics, or other materials uploaded, downloaded, transferred or otherwise appearing or connected with the Website or Services while interacting with NthEye (collectively referred to as “Content”). By accessing or using the Website or Services you agree to comply with and to be bound by these Terms, as such may be amended or modified from time to time, and each use by you shall constitute and be deemed your unconditional acceptance of these Terms. We may change, add to, delete or otherwise modify these Terms by posting the revised Terms. Any such revisions become effective immediately. By continuing to access or use the Website or Services after those revisions become effective, you agree to be bound by the revised Terms. It is your obligation to be familiar with the Terms currently in effect. NthEye reserves the right to terminate, without prior notice, any user or account or to suspend any or all of the access to the Services, with or without the user’s consent, for violating these Terms. If your account is terminated, your rights to use the Services will cease immediately. Termination is without prejudice to all other remedies available to NthEye by law or under these Terms. You may stop using the NthEye Services at any time and in your sole discretion, with no need for justification and with no additional termination charge by contacting NthEye and requesting to delete your account.
You are responsible for your use of the Services and for any consequences thereof. The Content you submit, post, or display will be able to be shared with and viewed by your college, university, instructor, school, organization or other test delivery partner (each being hereafter referred to as an “Institution”). You may use the Services only if you can form a binding contract with NthEye and you are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that NthEye provides are always evolving and the form and nature of these Services may change from time to time without prior notice to you. In addition, NthEye may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Photography, filming, video recording or sound recording of any part of NthEye’s Services for commercial, private or public performance purposes is prohibited unless written permission from NthEye is obtained in advance. You are responsible for all fees and costs associated with your use of the Services, including any “premium” fees which you may incur. We reserve the right to adjust our fees from time to time without prior notice. The current fee schedule is available at through your institution and is fully incorporated herein by reference, including any changes to pricing or availability of choices.
You grant the proctor the right to use whatever method NthEye makes available to recommend that your examination or test be disqualified should the proctor detect, in his or her sole judgment, suspicious or questionable action during the examination or test. You agree to allow NthEye to take a photo of you to keep on file at NthEye. Electronic Communication When you visit the Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. NthEye will communicate with you by e-mail or by posting notices on the Websites. You agree that all communications, notices, disclosures and other communications that we provide to you electronically via e-mail or by posting notices on the Websites satisfy any legal communication that such communication be in writing.
As a condition to using the Services, you may be required to register with NthEye and create an account that will be confirmed through your e-mail. You are responsible for maintaining the confidentiality of your registration. You are responsible for all uses of your registration, whether or not authorized by you. You will immediately notify NthEye in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to NthEye, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NthEye has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NthEye has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) in its sole discretion.