Terms and Conditions
Acceptance of Terms and Conditions
This portion of the website www.GED.com/Terms and Conditions or “www.gedtestingservice.com/Terms and Conditions” governs your use of our website, GED.com or gedtestingservice.com (“our site” or “this site”) and any portion thereof. Please read these Terms and Conditions carefully before using our site. By using our site, you are indicating that you agree to all of the Terms and Conditions set forth herein. Also, you are indicating that you understand the GED Testing Service LLC may revise the Terms and Conditions from time to time without providing any notice to you. You should visit this page periodically to review the Terms and Conditions, because your continued use of this site after we have revised the Terms and Conditions will indicate that you accept them as revised. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS SITE OR USE ANY OF THE PRODUCTS, SERVICES, OR CONTENT PROVIDED ON OR THROUGH THIS SITE. In these Terms and Conditions, "you" and “your” refer to any and all individuals and/or entities accessing this site for any reason.
Use of this Site
This site is owned and maintained by GED Testing Service LLC. GED Testing Service LLC grants you a limited license to access and make personal use of this site, subject to the Terms and Conditions. GED Testing Service LLC authorizes you to view and access a single copy of the Content (defined below) available from this site solely for your personal, noncommercial use. You agree not to copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes any portion of the “Content,” which is defined throughout these Terms and Conditions as all of the products, services, and information, including, but not limited to, all of the page headers, images, graphics, text, logos, button icons, design, layout, data compilations, software (including source code), sounds, music, video files, and data (collectively, the “Content”) provided on GED.com or gedtestingservice.com. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original content in any authorized copy that you make of this site. This site may be used only for lawful purposes by individuals interested in obtaining information about the GED® test or related products and services. You are not authorized to use this site or Content, except as indicated above, in any manner, including, without limitation: (1) in violation of any applicable law, order, or regulation; (2) in a way 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 (3) that is defamatory, obscene, threatening, abusive, or hateful. In addition, you shall not breach the security of this site, including, without limitation: (a) accessing data not intended for you or logging into a server account that you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach a security or authentication measure of this site and/or Content without proper authorization, and/or (c) using viruses, spamming, flooding, or any other action to interfere with service to any user, host, or network.
The trademarks and logos used on our site identify our products and services and are owned by the GED Testing Service LLC or are used under license by GED Testing Service LLC. GED® and GED Testing Service® are registered trademarks of the American Council on Education (“ACE”). They may not be used or reproduced without the express written permission of ACE or GED Testing Service LLC. The GED® and GED Testing Service® brands are administered by GED Testing Service LLC under license from the American Council on Education. No use of any other third-party trademark displayed on our Site is permitted without proper attribution to the trademark owner and all such trademark use must comply with applicable trademark law. Nothing in this Site should be interpreted as giving to you, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of GED Testing Service LLC or the third party that owns the trademarks displayed on the Site. Your misuse of the trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that GED Testing Service LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Any software available for download from this site is protected by copyright. Use of such software is governed by the terms and conditions of the end user license agreement that accompanies or is included with the software. Downloading, and/or using such software indicates your acceptance of the terms of the end user license agreement.
If you use this site, you are responsible for maintaining the confidentiality of your ID, account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use GED.com or gedtestingservice.com only with involvement of a parent or guardian. GED Testing Service LLC or its agents reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Your submitted content is not illegal, indecent, profane, threatening, or defamatory; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."
- Your submitted content does not infringe on the copyright, trademark or other intellectual property rights of any person or entity, or contain any confidential or proprietary information of any person or entity, or otherwise violate the legal rights of any person or entity.
- Your submitted content does not contain personally identifiable information about other persons, such as their phone number, contact information or email address, or information about any person that could result in an invasion of their privacy or their harassment.
- You grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display your content throughout the world for any purpose and in any media (including for advertising or other commercial use).
- You grant us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or for any other reason either before or after it is published. We reserve the right (but not the obligation) to remove any content for any reason from GED.com or gedtestingservice.com.
- You agree that you will not use or reproduce any content in any manner or in any media, including posting or republishing any such content on any other website.
When you use or visit GED.com or gedtestingservice.com or send emails to us, you are communicating with us electronically and you therefore expressly consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site and you agree that all agreements, notices, disclosures, and other communications provided to you electronically by GED Testing Service LLC satisfy any legal requirement that such communications be in writing.
Proprietary Rights Digital Millennium Copyright Act Compliance
A. Proprietary Rights. This site is protected by U.S. and international copyright laws. GED Testing Service LLC has exclusive rights to or has been licensed by third parties to use all of the Content (as defined above). All Content is subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by GED Testing Service LLC. The entire Content of our site is protected by U.S. copyright laws as a collective work, and GED Testing Service LLC owns a copyright in the selection, coordination, arrangement, and enhancement of the Content.
As previously stated above, you may not copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes the Content without first obtaining prior written permission from GED Testing Service LLC via email at Contracts@GEDtestingservice.com. Any of these uses of the Content, or any portion thereof, or use of the Content for any purpose other than as explicitly authorized herein constitutes an infringement of GED Testing Service LLC copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without prior written permission from GED Testing Service LLC. For related information, see the “Trademarks” section.
B. Digital Millennium Copyright Act (“DMCA”). Please contact us if you believe that your rights under copyright law are being infringed by your copyrighted work being uploaded, posted, copied, or otherwise provided to this site. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). Please provide us with a written, signed notice of alleged infringement of your copyright(s) by contacting our Designated Agent at the following address:
GED Testing Service LLC - Marketing
1919 M Street NW, Suite 600
Washington, DC 20036
To be effective, the notice must include all of the following:
- A physical or electronic signature of either the copyright owner or a person authorized to act on the owner’s behalf for an exclusive right that is allegedly being infringed upon.
- A description of the copyrighted work or works you claim have been duplicated, and a description of the activity that you claim is infringing.
- Identification of the URL or other specific location on this site where the material or activity you claim to be infringing is located or is occurring. You must include enough information to allow us to locate the material or the activity.
- Your name, address, telephone number, and, if you have one, email address.
- A statement by you that you have a good faith belief that use on the site of the copyrighted work in the manner you are alleging is not authorized by the copyright owner, any agent of the copyright owner, or the law.
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
C. Termination of Access of Repeat Infringers. As a condition to your use of this site, you agree not to use the site to infringe the intellectual property rights of others in any way. We will terminate the access of any users (including terminating their login and password) and block access to this site and any other GED Testing Service LLC websites of any users who are repeat infringers of the copyrights or other intellectual property rights of others. GED Testing Service LLC reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user whose access is terminated or blocked.
THIS SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER GED TESTING SERVICE LLC NOR ANY OF ITS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY CONTENT ON GED.COM or GEDTESTINGSERVICE.COM MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND CONTENT OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD-PARTY RIGHTS.
GED TESTING SERVICE LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM OR PROVIDE TO THE SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, AND OTHER COMPUTER PROGRAMMING ROUTINES OR ENGINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR INFORMATION.
NO ADVICE, BLOGS, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Our website may only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, or refraining from making, any decision. You should not rely on our website to make (or refrain from making) any decisions or take (or refrain from taking) any action.
Limitation of Liability
GED TESTING SERVICE LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY: (I) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON, ANY PART OF THIS SITE OR CONTENT, (II) ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE OR IN THE CONTENT THEREIN, OR (III) GED TESTING SERVICE LLC OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS. IN NO EVENT WILL GED TESTING SERVICE LLC OR ANY OF ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in which case the liability of GED Testing Service LLC and its members, managers, directors, officers, employees, representatives, affiliates, and agents shall be limited in accordance with these Terms and Conditions to the fullest extent permitted by law. You specifically waive any claims you may have arising out of your use of GED.com or gedtestingservice.com. Without limiting the foregoing, if GED Testing Service LLC or any of its members, managers, directors, officers, employees, representatives, affiliates, and agents is found liable to you for any claims or matters arising under or in connection with these terms and conditions, our aggregate and maximum liability for all such matters and claims shall not exceed the total amount paid by you to GED Testing Service LLC, if any, for the specific service or product giving rise to such liability. You expressly agree that use of this site and Content on GED.com or gedtestingservice.com is at your own risk. Any Content downloaded or otherwise obtained through this site is done so at your own initiative and you are solely responsible for any damage to your computer system or loss of data resulting from such Content.
On this site there are some links provided to websites maintained by third parties over which GED Testing Service LLC has no control. Any links provided to third party websites, or information supplied about third parties on GED Testing Service LLC website are supplied as a convenience. Linked sites are not under the control of GED Testing Service LLC; and we take no responsibility for the accuracy, content, or any aspect of such third-party content, and disclaim any liability to you for such content or for any consequence of your decision to use the links provided or your use of such content. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. The inclusion of a link or third party information does not imply endorsement by GED Testing Service LLC of the linked site or third party information, any organization or person associated with the linked site or third party information, or any products or services offered or marketed through the linked site of by the third party. Your purchase of products or services through a third-party site is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against GED Testing Service LLC or any of our affiliates arising from or based on your purchase or use of products, services, or content through such third-party sites.
Links do not imply that GED Testing Service LLC sponsors, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of GED Testing Service LLC.
Email and Other Communications and Solicitations
Text Message Communications
By opting-in to receive program updates and promotional text messages, you
- Affirm that you have a text messaging enabled mobile device with a text messaging plan and are authorized to use the mobile phone number provided to GED Testing Service LLC.
- Affirm that you are over the age of 13.
- Acknowledge that text messages are not secure transmissions, and that such text messages will be sent in unencrypted form.
- Understand that text messages may, in accordance with applicable law, be intercepted and disclosed to protect rights or property, to protect the efficient operation of the network or comply with governmental authorities.
- Acknowledge that text messages may only be available in limited geographic areas and with certain telecommunications providers.
- Acknowledge that GED Testing Service LLC reserves the right to cease providing text messages to you for any reason at any time. GED Testing Service LLC may, at its discretion, send you a text message or an email if it determines that it will stop providing text messages to you.
- Acknowledge that GED Testing Service LLC will not be liable for claims or damages of any kind for providing text messages or for failing or ceasing to provide text messages.
- Agree to promptly notify GED Testing Service LLC of any changes to your mobile number and any event where you relinquish the mobile phone number provided to GED Testing Service LLC or the number is otherwise transferred or assigned to a different person.
- Acknowledge that GED Testing Service LLC may use an electronic record or other means necessary to document evidence of your consent to participate in this program.
Special Conditions for International Use and Exports
This site is controlled and operated by GED Testing Service LLC and its agents from their offices within the United States. GED Testing Service LLC makes no representations or guaranties that the Content provided on GED.com or gedtestingservice.com is appropriate for use in all locations, or that the Content provided is available or appropriate for sale or use in all jurisdictions. Access to our site and its Content from other countries where such Content is illegal is prohibited. If you choose to access this site and its Content, you do so on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to our site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. You are also responsible for complying with any local laws in your country, which may impact your right to import, export, or use any services provided on our site. These assurances and commitments shall survive any termination of the Terms and Conditions and your use of this site.
GED Testing Service LLC reserves the right to add or change this site and the Terms and Conditions and any other policies governing the site at any time. Any changes will be posted on the site and it is your responsibility as a user to ensure that you are aware of any such changes from time to time, and users are deemed to be apprised of and bound by any changes to the site.
Termination and Investigations
Your agreement to the Terms and Conditions does not confer any rights, remedies, or benefits upon any person other than you and GED Testing Service LLC. You may not assign any rights under these Terms and Conditions without the prior written consent of GED Testing Service LLC. The Terms and Conditions shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of the Terms and Conditions be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. The Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Minnesota, U.S.A., without effect to any principles of conflicts of law, and the federal law of the United States.
The Terms and Conditions constitute the whole legal agreement between you and GED Testing Service LLC and govern your use of the website and any content and completely replace and supersede any prior agreements between you and GED Testing Service LLC, whether written or oral, in relation to the website or any service thereof.
If a provision of the Terms and Conditions is found to be invalid, illegal or unenforceable in any respect, the court may modify it to make such provision enforceable or in the alternative remove it without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.