Terms of Service

Updated and Effective June 1, 2024

Avant Assessment, LLC (“Avant,” “we,” “our,” “us”) owns and operates the website located at https://avantassessment.com/ (the “Website”). These Terms of Use (“TOU”) set the rules for how visitors (“you,” “your”) may interact with our Website, and by visiting the Website, you agree to be bound by these TOU.  

These TOU do not apply to our education services, which are governed by terms at [hyperlink] and with a contract with our education institution customers.

Your Representations

You represent that you are of a legal age sufficient to agree to these TOU in accordance with applicable law and have read, understood, and agree to be bound by these TOU. You further represent that you have obtained all necessary permissions for any material, documents, or other content (“Submissions”) that you upload onto our Website. If you do not agree with these TOU, you may not use the Website.

Intellectual Property

The marks “Avant” and “STAMP, STAMP WS, STAMP Pro, STAMP Monolingual, STAMP for ASL, STAMP for Latin, STAMP for CEFR, STAMPe, STAMP Medical, STAMP for Hebrew, PLACE, Spanish Heritage Language (SHL) Test, Arabic Proficiency Test (APT), Avant ADVANCE, Avant MORE Learning, AvantProctor” and any associated logos, are registered or unregistered trademarks or service marks of Company or its licensors.  You acknowledge that the Website, including all trademarks, service marks, content, and logos (“Website Content”), are owned by or licensed to Avant and are protected by copyright and other intellectual property rights, and that you have no rights to transfer, reproduce, or prepare any derivative works with respect to the Website Content, or to disclose confidential information pertaining to the Website or Website Content.  These TOU do not convey any title or other rights of ownership of the Website, Website Content, or any portion of the Website or Website Content to you. The title to the Website, Website Content, and other intellectual property owned by Avant rests at all times with Avant.

The Website may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.

If you believe that any information or materials on the Website infringes your copyright, you (or your agent) may send us notice requesting that information or materials be removed. Notice must be provided in writing and must include: (i) a signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work that you claim has been infringed; (iii) the location of the work you claim is infringing (e.g., URL) or enough detail that we may find it; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices should be sent to: legal@avantassessment.com.

License

Avant grants you a personal, revocable, non-exclusive, non-transferable, limited right and license to access the Website provided that you comply with these TOU. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, or frame any Website Content. 

You grant us a non-exclusive, world-wide license to use the Submissions uploaded by you to the Website. You are solely responsible for obtaining all necessary permissions and authorizations to provide Submissions to us for our use.

Your Use of the Website

The Website and Website Content are provided for your own informational purposes only. Any unauthorized use, including without limitation any commercial use, is prohibited. You agree that you will not, and will not allow any third party to:

  • use the Website in a manner that intentionally or unintentionally violates any applicable local, state, national, or international law;
  • use the Website or Website Content for any purpose that is unlawful or prohibited by these TOU, or for any other purpose not reasonably intended by Avant;
  • upload, post, e-mail or otherwise transmit any Submissions that:
  • are unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, explicit, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
  • you do not have the right to transmit under applicable law or under contractual or fiduciary relationships;
  • infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; 
  • contain software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  • decompile, disassemble, reverse engineer, copy, modify or create derivative works from the Website;
  • impersonate any person or entity, including another user of the Website, or provide false information;
  • use automated systems (e.g., robots, spiders, etc.) to access the Website;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions on or transmitted through the Website;
  • discuss or incite illegal activity or solicit/post sexually explicit images;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; 
  • harvest, scrape, programmatically crawl, or collect any Website Content; or
  • remove any proprietary notices, including copyright and trademark notices, from the Website or Website Content. 

Privacy

We maintain a Website Privacy Policy, which may be viewed at avantassessment.com/policies/privacy-policy. The Website Privacy Policy describes the information that we may collect from you, the purposes for which we may use it, the parties to whom we may disclose it, and your rights with respect to your information. The Website Privacy Policy is incorporated by reference into this TOU and we recommend that you review it before using the Website.

Third Party Sites

The Website may contain links allowing you to go to websites or other online services, including social networks, that are not under our control (“Third Party Sites”). Any links to Third Party Sites are provided for your convenience, and inclusion of links on the Website does not suggest any association, sponsorship, or endorsement of those Third Party Sites. We are not responsible for the content or transmission of any Third Party Sites or for ensuring that Third Party Sites are error and/or virus free. You access Third Party Sites at your own risk. These TOU and the Website Privacy Policy do not apply to Third Party Sites. Third Party Sites may be subject to their own terms of use and privacy policies, and we encourage you to read them. 

Indemnification

To the extent permissible by law, you will indemnify, defend, and hold harmless Avant Assessment, LLC and its parents, subsidiaries, affiliates, officers, directors, managers, employees, agents, vendors, merchants, sponsors, providers, and licensors from any and all losses, deficiencies, judgements, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, lawsuit, demand, cause of action, or proceeding brought by a third party arising from any or all of the following: (i) your access, inability to access, or use of our Website; (ii) any of your Submissions; (iii) breach of any of your obligations, representations, or warranties in these TOU; or (iv) your violation of any rights of another person.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.  AVANT IS NOT OFFERING THE WEBSITE, IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEBSITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. THIS WEBSITE IS PROVIDED FOR FREE, AND AVANT, ITS SUPPLIERS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS MADE THAT THE WEBSITE WILL BE TIMELY, SECURE OR ERROR-FREE.  YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, AVANT’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY OREGON LAW. 

You agree that our sole obligation to you is to provide the Website as is. You agree that unless we do something that is grossly negligent, reckless, or commit an act of knowing, intentional, and willful misconduct, or a violation of a consumer protection statute in connection with your use of the Website, we will not be liable to you or to any third party for your use of the Website.

Limitation of Liability

NEITHER AVANT NOR ITS VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE WEBSITE, EVEN IF AVANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF AVANT AND ITS VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE WEBSITE IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED THE TOTAL FEES YOU PAID, IF ANY, DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED ABOVE FAIL IN THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMANGES, AND IN THOSE JURISDICTIONS, AVANT’S LIABILITY UNDER THESE TOU SHALL BE TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Governing Law and Venue

The Website is controlled by Avant from its offices in Oregon, United States of America. We make no representation that the Website and Website Content are appropriate for or available for use in other locations. If you choose to access the Website from other locations, you are responsible for compliance with local laws, if and to the extent applicable. You may not use or export the Content in violation of United States export laws and regulations.

These TOU will be construed according to, and the rights of the parties will be governed by, the laws of the state of Oregon, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Eugene, Oregon.

Severability

If any part of these TOU is found or deemed by a court to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these TOU shall continue in effect.

Assignment

Avant is permitted to assign, transfer, and subcontract its rights and/or obligations under these TOU without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these TOU.

If you believe that any Website Content or Submission infringes your copyright, you (or your agent) may send us notice requesting that such Website Content or Submission be removed. Notice must be provided in writing and must include the following information:

  1. A signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. The location of the work you claim is infringing (e.g., URL) or enough detail that we may find it; 
  4. Your name, address, telephone number, and e-mail address; 
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices must be sent to: [name and mailing address of DMCA agent.]

Changes to the Website 

We may, in our sole discretion, add, change, discontinue or remove any portion or functionality of the Website, or the Website as a whole, at any time, without notice.

Changes to these TOU

We reserve the right, in its sole discretion, to change these TOU at any time. We will provide notice to you of any changes by posting notice on this Website or otherwise as legally required. The “last updated” date indicates when the TOU were last revised. Your continued use of the Website after the TOU have been updated constitutes your agreement to any updated terms.

Dispute Resolution

In the event that any dispute arise between us in connection with your use of the Website or the validity and scope of this TOU, we will attempt to work with you in good faith to resolve the dispute to your satisfaction. If, however, a such dispute cannot be resolved promptly between us, you agree that it shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Eugene, OR. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and we do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by a court of proper jurisdiction. The arbitrator may render early or summary disposition of some or all issues, after we have had a reasonable opportunity to make submissions on these issues. Notwithstanding the foregoing, you or we may elect to bring an individual claim in a small claims court, but we do not hereby agree to any personal jurisdiction that is otherwise lacking.

If you have any questions regarding these TOU, please contact us at legal@avantassessment.com.