Terms of Service

1. Acceptance of Terms

Welcome to PassExam. By accessing, browsing, or using the PassExam website located at https://www.passexam.mom, any associated subdomains, mobile applications, application programming interfaces, and any other digital properties that link to these Terms of Service, as well as the computer integrated systems design, information technology consulting, technical architecture planning, system integration, managed information technology operations, cybersecurity compliance, and related professional services (collectively, the Services), you agree to be bound by and to comply with these Terms of Service, our Privacy Policy, and all other policies, guidelines, and rules that we may publish from time to time on our website. These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and PassExam Trading Co., Ltd., a company duly organized and existing under the laws of the Peoples Republic of China with its registered office at 114-3, Building 4, Helonglong Resettlement Area Phase I, Hetang Xincun Community, Wuli Street, Lianxi District, Jiujiang 332000, China.

If you do not agree to all of the terms and conditions contained in these Terms of Service, you must not access, browse, register for, or otherwise use the website or any of the Services in any manner whatsoever. Your continued use of the website or Services following the posting of any changes to these Terms of Service constitutes your unequivocal acceptance of those changes. We strongly recommend that you read these Terms carefully in their entirety before using our website or engaging our Services. You represent and warrant that you are at least eighteen years of age, or the age of legal majority in your jurisdiction, and that you have the full right, power, and authority to enter into this agreement on your own behalf or on behalf of the entity you represent. If you are entering into these Terms on behalf of a company, partnership, government agency, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

PassExam reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace these Terms of Service at any time and for any reason. When we make changes, we will revise the Effective Date at the top of this page and post the updated terms on the website. Material changes may be communicated to registered users via email or through a prominent notice on the website for a reasonable period prior to the changes taking effect. It is your responsibility to check this page periodically for changes. Your continued use of the website or Services after any modifications indicates your acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to cease using the website and Services and, where applicable, to terminate your account in accordance with the Termination section of these Terms.

2. Description of Services

PassExam is a professional technology services firm specializing in computer integrated systems design and related consulting services. The scope of our Services encompasses, but is not limited to, the following professional offerings: comprehensive computer integrated systems architecture design and planning; information technology strategy consulting; technical infrastructure assessment and optimization; systems integration and interoperability planning; managed information technology operations and support; cybersecurity framework development, risk assessment, and compliance advisory; cloud migration strategy and implementation guidance; software and hardware procurement advisory; technical project management and oversight; technology due diligence and feasibility studies; custom software architecture consulting; data systems design and governance planning; and related technical advisory, training, and implementation services tailored to the unique requirements of each client engagement.

The specific scope, deliverables, timelines, fees, milestones, and success criteria applicable to any particular client engagement shall be set forth in a separate written proposal, statement of work, service agreement, or engagement letter (each, a Service Agreement) executed by both parties. These Terms of Service provide the general framework for all user interactions with the PassExam website and, together with any applicable Service Agreement, govern the contractual relationship between PassExam and its clients. In the event of any conflict or inconsistency between these Terms of Service and a duly executed Service Agreement, the terms of the Service Agreement shall prevail with respect to the specific engagement to which it relates.

While we strive to ensure that all descriptions, representations, and information regarding our Services on our website are accurate and current, we do not warrant that any such content is complete, reliable, error-free, or up-to-date at all times. Information on the website is provided for general informational and marketing purposes only and does not constitute professional advice, a binding offer, or a guarantee of any particular outcome. We reserve the right to modify, suspend, or discontinue any aspect of our Services, including individual service offerings and pricing, at any time without prior notice, subject to the terms of any existing contractual commitments with our clients.

3. Website Use and Access

Access to the PassExam website is provided on a temporary and revocable basis, and we reserve the right to withdraw, restrict, suspend, or amend access to all or any part of the website without prior notice for maintenance, security, operational, legal, or any other business reasons. We will not be liable to you or any third party if, for any reason, the website or any part of it is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our website, including maintaining an internet connection, using compatible hardware and software, and ensuring that all persons who access the website through your internet connection or your devices are aware of and comply with these Terms of Service.

You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the website by any third party. You may download, view, and print pages from the website for your personal, non-commercial, and informational use only. You must not reproduce, duplicate, copy, sell, resell, distribute, publish, modify, create derivative works from, or exploit any portion of the website, its content, or the Services for any commercial purpose without our express prior written consent. You must not use any automated means, including robots, spiders, scrapers, data mining tools, or extraction tools, to access, monitor, or copy any content or information from the website without our express prior written consent.

We do not guarantee that the website will be compatible with all hardware and software that you may use, nor do we guarantee that the website will be secure, free from bugs, viruses, or other malicious code. You are responsible for implementing your own security measures, including the use of up-to-date antivirus and anti-malware software, to protect your devices and data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or your downloading of any material posted on it.

4. User Accounts and Registration

Certain features and areas of the PassExam website may require you to register and create a user account. When you create an account, you agree to provide accurate, current, and complete information about yourself or the entity you represent as prompted by the registration process, and to maintain and promptly update that information to keep it accurate, current, and complete. You acknowledge that providing any false, inaccurate, incomplete, or misleading information, or failing to update your information when required, constitutes a material breach of these Terms and may result in the immediate suspension or termination of your account and your access to the Services.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other security information. You agree to accept full responsibility for all activities that occur under your account, whether authorized by you or not. You must notify us immediately at team@passexam.mom if you become aware of any unauthorized use of your account, any breach of security, or any other actual or suspected compromise of your account. PassExam will not be liable for any loss, damage, or liability arising from your failure to comply with these security obligations or from the unauthorized use of your account by any third party. You must not use another users account without that users express permission and our authorization.

We reserve the right, in our sole and absolute discretion, to refuse service, refuse to register an account, terminate or suspend existing accounts, remove or edit account content, or cancel orders or service requests at any time without prior notice and for any reason, including but not limited to violations of these Terms, requests by law enforcement or regulatory agencies, extended periods of account inactivity, technical or security issues, or any other conduct that we reasonably determine to be harmful or detrimental to our interests, the interests of other users, or the general public. You may terminate your account at any time by contacting us with your request, subject to any surviving obligations under a separate Service Agreement.

5. Intellectual Property Rights

5.1 Ownership of Website Content

Unless otherwise expressly stated in writing, all content, materials, and elements made available on or through the PassExam website, including but not limited to text, articles, graphics, illustrations, icons, images, photographs, designs, logos, trademarks, service marks, trade names, software code, scripts, audio and video files, compilations, databases, page layout and design, and the overall look and feel of the website (collectively, the Website Content), are the exclusive intellectual property of PassExam Trading Co., Ltd., its affiliates, or its licensors, and are protected by applicable copyright, trademark, patent, trade secret, unfair competition, and other intellectual property and proprietary rights laws of China, the United States, the European Union, the United Kingdom, and other jurisdictions worldwide.

The PassExam name, the PassExam logo, the domain name passeexam.mom, and all related names, logos, product names, service names, designs, and taglines displayed on the website are trademarks, service marks, or registered trademarks of PassExam Trading Co., Ltd. in China and in other countries. You must not use, reproduce, copy, or imitate any such marks without our express prior written permission. All other trademarks, service marks, and trade names appearing on the website are the property of their respective owners, and their display on our website does not imply any endorsement, sponsorship, or affiliation unless expressly stated. Any unauthorized use of the Website Content or the PassExam trademarks is strictly prohibited and may give rise to legal liability.

5.2 Limited License

Subject to your strict compliance with these Terms of Service, PassExam grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access, view, and display the Website Content solely for your personal, non-commercial, and informational purposes. This license does not grant you any right to: modify, adapt, translate, or create derivative works based on the Website Content; download, save, copy, distribute, transmit, broadcast, publicly display, or publicly perform the Website Content except as expressly permitted herein; remove, alter, or obscure any copyright, trademark, or other proprietary notices from any copy of the Website Content; or use any data mining, robots, scraping, or similar data gathering or extraction methods in connection with the website.

All rights not expressly granted to you under these Terms are reserved by PassExam Trading Co., Ltd. and its licensors. No right, title, or interest in or to the website, the Website Content, or the Services is transferred to you by these Terms, and you acquire no ownership rights whatsoever by virtue of your use of the website or Services. Any use of the website or the Website Content not expressly permitted by these Terms constitutes a material breach and may violate copyright, trademark, and other applicable laws.

5.3 User-Generated Content

The PassExam website may allow you to submit, upload, post, publish, transmit, or otherwise make available content, data, information, materials, documents, comments, feedback, suggestions, or other communications (collectively, User Content) through contact forms, discussion features, comment sections, account portals, or other interactive areas. By submitting User Content, you grant PassExam and its affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, translate, publish, display, distribute, create derivative works from, and incorporate into other works, whether in whole or in part, any User Content that you submit, in any form, media, or technology now known or later developed, for any purpose related to our business operations, including for marketing, promotion, service improvement, and product development, without any compensation or attribution to you.

You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to grant the license described above with respect to all User Content you submit, and that your User Content does not and will not infringe, misappropriate, or violate the intellectual property, publicity, privacy, or other proprietary rights of any third party. We have the right, but not the obligation, to monitor, review, edit, refuse to post, or remove any User Content from the website at any time, for any reason, in our sole discretion, without prior notice and without liability. You are solely responsible for the User Content you submit and for the consequences of posting or publishing it.

5.4 Digital Millennium Copyright Act

PassExam respects the intellectual property rights of others and expects users of our website and Services to do the same. We comply with the provisions of the Digital Millennium Copyright Act of 1998 (DMCA) and other applicable copyright laws. If you believe that any material on our website infringes your copyright, you or your authorized agent may submit a written notification of claimed copyright infringement to our designated copyright agent at team@passexam.mom. Your notification must include: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing, with sufficient detail to permit us to locate it; your contact information including address, telephone number, and email address; a statement that you have a good faith belief that use of the material is not authorized; and a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.

Upon receipt of a valid DMCA notification, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material and terminating the accounts of repeat infringers in appropriate circumstances. We may also send a copy of the notification, including your contact information, to the person who posted the allegedly infringing material. If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification in accordance with the DMCA. We reserve the right to interpret and apply our copyright policy at our discretion.

6. Acceptable Use Policy

You agree to use the PassExam website and Services only for lawful purposes and in strict compliance with these Terms of Service, all applicable local, state, national, and international laws, statutes, regulations, ordinances, and codes of practice, and the rights of others. You further agree not to engage in any conduct that could damage, disable, overburden, impair, or interfere with the website, the Services, or any servers, networks, or systems connected to the website, or that could disrupt or interfere with any other party s use and enjoyment of the website or Services. The following activities are expressly prohibited:

You must not use the website or Services to transmit, distribute, store, or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, pornographic, indecent, profane, hateful, discriminatory, racially or ethnically objectionable, invasive of another s privacy, or otherwise offensive or objectionable as determined by PassExam in its sole discretion. You must not impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers to disguise the origin of any content, or engage in any fraudulent or deceptive conduct. You must not upload, post, or transmit any material that contains software viruses, worms, Trojan horses, time bombs, logic bombs, ransomware, adware, spyware, or any other malicious or technologically harmful code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

You must not attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the website, the server on which the website is hosted, any server connected to the website, or any database or data repository associated with the Services. You must not attack the website via a denial-of-service attack, a distributed denial-of-service attack, or any similar attack. You must not probe, scan, or test the vulnerability of the website or any network connected to the website. You must not use the website or Services for any commercial solicitation purposes, including sending unsolicited commercial emails, spam, chain letters, or pyramid schemes, or for advertising or promoting any unauthorized goods or services. You must not collect, harvest, or store personal data about other users without their express consent.

Any violation of this Acceptable Use Policy may result in the immediate termination of your access to the website and Services, the removal of your content, the suspension or deletion of your account, and referral to appropriate law enforcement authorities, without notice and without liability to you. We reserve the right to investigate and prosecute violations of this policy to the fullest extent permitted by law and to cooperate with law enforcement agencies and courts in the investigation and prosecution of such violations.

7. Confidentiality

In the course of providing our computer integrated systems design and related professional services, PassExam and its clients may exchange confidential and proprietary information. For purposes of these Terms of Service, Confidential Information means any and all information, data, materials, and know-how, whether written, oral, electronic, or in any other form, that is disclosed by one party (the Disclosing Party) to the other party (the Receiving Party) and that is designated as confidential or that, by its nature, under the circumstances of disclosure, or by the context in which it is communicated, would reasonably be understood to be confidential. Confidential Information includes, but is not limited to, trade secrets, business plans, financial data, technical specifications, source code, proprietary methodologies, know-how, algorithms, system designs, client lists, employee information, vendor information, project details, security configurations, and any other information of commercial value.

The Receiving Party agrees to: hold all Confidential Information in strict confidence and not disclose it to any third party without the prior written consent of the Disclosing Party; use Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms and any applicable Service Agreement; protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of like nature, but in no event less than reasonable care; and limit access to Confidential Information to those of its employees, officers, directors, contractors, and representatives who have a legitimate need to know the information for the purposes described herein and who are bound by confidentiality obligations at least as protective as those set forth herein. The obligations of confidentiality shall survive the termination or expiration of these Terms and any Service Agreement for the longer of three years from the date of disclosure or for so long as the information constitutes a trade secret under applicable law.

The confidentiality obligations set forth above shall not apply to information that: at the time of disclosure, is or thereafter becomes publicly known through no breach of these Terms by the Receiving Party; was lawfully in the Receiving Partys possession without any obligation of confidentiality prior to disclosure by the Disclosing Party; is independently developed by the Receiving Party without the use of or reference to the Disclosing Party s Confidential Information; or is required to be disclosed by applicable law, regulation, court order, or governmental authority, provided that the Receiving Party gives the Disclosing Party prompt written notice of such requirement, to the extent legally permissible, and cooperates with the Disclosing Party in seeking a protective order or other appropriate remedy. Any use of Confidential Information in violation of these Terms shall entitle the Disclosing Party to seek injunctive relief and other equitable remedies in addition to any remedies available at law.

8. Disclaimers and No Warranties

The PassExam website and all content, materials, information, products, and Services made available through the website are provided on an as is and as available basis, without any representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise, to the maximum extent permitted by applicable law. PassExam Trading Co., Ltd., its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers hereby expressly disclaim all warranties, express and implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, completeness, suitability, availability, compatibility, security, and those arising from a course of dealing, course of performance, or usage of trade.

Without limiting the generality of the foregoing, PassExam does not warrant or represent that: the website or the Services will meet your specific requirements or expectations; the website will be available on an uninterrupted, timely, secure, error-free, or virus-free basis; any errors, defects, or inaccuracies in the website or the Website Content will be corrected; the results that may be obtained from the use of the website or Services will be accurate, reliable, or produce any particular outcome; or the quality of any information obtained by you through the website will meet your expectations. We make no representation or warranty regarding the website s compliance with any laws applicable outside of our primary jurisdiction.

The provision of professional technology services, including computer integrated systems design, information technology consulting, and cybersecurity advisory, inherently involves risks and uncertainties, including but not limited to evolving technology standards, changing regulatory requirements, cybersecurity threats, third-party dependencies, and the potential for unforeseen technical challenges. While PassExam exercises professional skill, care, and diligence in the delivery of our Services, we can provide no guarantee or warranty regarding any specific technical, financial, operational, or business outcome resulting from our work. Any reliance you place on information or materials obtained from our website or through our Services is strictly at your own risk, and you accept full responsibility for any actions you take or refrain from taking based on such information.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain liabilities. In such jurisdictions, the scope and duration of the disclaimers and limitations set forth in these Terms shall be the minimum permitted under applicable law. Nothing in these Terms of Service shall exclude or limit any warranty that cannot be excluded or limited under applicable law.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall PassExam Trading Co., Ltd., its parent companies, subsidiaries, affiliates, successors, assigns, and each of their respective officers, directors, shareholders, members, employees, agents, contractors, licensors, service providers, and suppliers be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages of any kind whatsoever, including but not limited to damages for loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of opportunity, loss of use, loss of goodwill, loss of data or data use, business interruption, costs of procuring substitute goods or services, or any other intangible losses, whether arising out of or in connection with: your use of or inability to use the website or the Services; any conduct, content, or information of any third party on the website; unauthorized access, use, or alteration of your content, transmissions, or data; any errors, mistakes, or inaccuracies in the Website Content; personal injury or property damage resulting from your access to or use of the website or Services; or any other matter relating to the website, the Services, or these Terms.

The aggregate liability of PassExam Trading Co., Ltd. and its related parties for all claims, losses, and causes of action arising out of or relating to these Terms of Service, the website, or the Services, whether in contract, tort (including negligence), strict liability, warranty, statute, or otherwise, shall not exceed the greater of: (a) the total amount of fees, if any, actually paid by you to PassExam in the twelve-month period immediately preceding the event giving rise to the claim; or (b) one hundred United States dollars (USD 100.00). The existence of more than one claim shall not enlarge this limit. You specifically acknowledge and agree that the foregoing limitation of liability applies even if PassExam or its representatives have been advised of the possibility of such damages, and that it is a fundamental element of the basis of the bargain between you and PassExam.

The limitations of liability set forth in this section shall apply to the maximum extent permitted by applicable law, regardless of any failure of the essential purpose of any limited remedy. You acknowledge and agree that PassExam has entered into this agreement in reliance upon these limitations of liability, and that these limitations are an essential basis of the bargain between us, reflecting a reasonable allocation of risk and a meaningful consideration in our provision of the website and Services to you. If you are dissatisfied with any portion of the website or Services, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the website and the Services.

10. Indemnification

You agree to defend, indemnify, and hold harmless PassExam Trading Co., Ltd., its parent companies, subsidiaries, affiliates, joint ventures, business partners, licensors, service providers, and their respective successors and assigns, and each of their officers, directors, shareholders, members, employees, agents, contractors, and representatives from and against any and all claims, demands, actions, suits, investigations, proceedings, damages, judgments, awards, losses, liabilities, costs, and expenses, including reasonable attorneys fees and court costs, whether direct, indirect, or consequential, arising out of or relating in any way to: your use of or access to the PassExam website or Services; your breach or alleged breach of these Terms of Service; your violation of any applicable law, regulation, or the rights of any third party; any User Content you submit, post, transmit, or otherwise make available through the website; your fraudulent, negligent, or willful misconduct; any unauthorized use of your account by you or any third party; or any dispute or issue between you and any third party relating to the website or Services. PassExam reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to fully cooperate with PassExam in the conduct of such defense and to refrain from settling any such matter without the prior written consent of PassExam.

You acknowledge that your obligation to defend and indemnify PassExam shall not be affected or reduced by any allegation, determination, or finding that PassExam bears or shares any fault in relation to the claims made. This indemnification obligation shall survive the termination or expiration of these Terms of Service, the cessation of your use of the website or Services, and your deletion of your account, if applicable. You agree to provide PassExam with prompt written notice of any claim, action, suit, or proceeding for which indemnity may be sought, to permit PassExam to monitor and participate in the defense and settlement of such matters, and to provide reasonable cooperation at your expense in connection with the defense.

11. Third-Party Links and Services

The PassExam website may contain hyperlinks, references, advertisements, or pointers to third-party websites, applications, platforms, resources, products, and services that are not owned, operated, managed, or controlled by PassExam Trading Co., Ltd., including links to social media platforms, industry publications, technology vendors, partner organizations, certification bodies, and other third-party content providers. These links are provided solely as a convenience to you and do not constitute an endorsement, sponsorship, recommendation, approval, or guarantee by PassExam of such third-party sites or of the content, products, services, privacy policies, or practices of any linked third party. We have no control over and assume no responsibility for the content, accuracy, completeness, legality, availability, or any other aspect of any linked third-party website, and we make no representations or warranties of any kind regarding the same.

When you click on a link to a third-party website or use a third-party service, you leave the PassExam website and do so entirely at your own risk. The terms of use, privacy policies, and data handling practices of such third parties apply to your interactions with them, and you are strongly encouraged to review those documents carefully before engaging with any third-party website or service. PassExam shall not be liable, directly or indirectly, for any loss, damage, or liability of any kind arising from or related to your use of or reliance on any third-party website, resource, product, or service, including any damage or loss caused by or in connection with any content, goods, or services available on or through such sites. Any concerns, questions, or complaints regarding any third-party website should be directed to the relevant website operator or service provider directly.

Our website may also include embedded content, integration interfaces, application programming interfaces, social media features, widgets, and interactive elements hosted or powered by third parties. Your interactions with these features are governed by the terms and policies of the third party providing them, and we disclaim responsibility for any data collection, tracking, or other activities conducted by such third parties through these features. We do not warrant that any third-party services or integrations will continue to function as expected or that they will remain compatible with our website or Services over time.

12. Termination

These Terms of Service shall remain in full force and effect for as long as you access or use the PassExam website or Services. PassExam reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to and use of the website or Services, your account, and your registration, with or without notice and with or without cause, including but not limited to: your breach or suspected breach of any provision of these Terms; your violation of any applicable law, regulation, or court order; requests by law enforcement or other government agencies; extended periods of inactivity on your account; unexpected technical or security issues or problems; your engagement in fraudulent, abusive, or illegal activities; our decision to discontinue the website or any of the Services; or any other reason we deem appropriate in the exercise of our business judgment. Any termination shall be without prejudice to any rights or remedies that PassExam may have at law or in equity.

Upon termination or expiration of these Terms: all rights and licenses granted to you hereunder shall immediately cease and terminate; you must cease all use of the website and Services and delete or destroy any copies of Website Content in your possession or control; you shall pay all outstanding fees and amounts owed to PassExam, if any, and such obligations shall survive termination; and PassExam may, but shall not be obligated to, delete, archive, or retain your account data, User Content, and any other information associated with your account. The following provisions of these Terms shall survive any termination or expiration: Intellectual Property Rights, Confidentiality, Disclaimers and No Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should reasonably survive termination.

You may also terminate these Terms at any time by ceasing all use of the website and Services and, if you have an account, by requesting its closure in writing by contacting us at team@passexam.mom. Please note that termination by you does not relieve you of any obligations that accrued prior to termination, including but not limited to any payment obligations under a Service Agreement. PassExam shall not be liable to you or any third party for any termination of your access to the website or Services, and we shall not be required to make the website or Services available to you after termination.

13. Governing Law

These Terms of Service and any dispute, controversy, claim, or legal proceeding arising out of or relating to them, their subject matter, or their formation, whether in contract, tort, equity, statute, or otherwise, shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Peoples Republic of China, without giving effect to any choice of law, conflict of law, or principles of comity that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.

You irrevocably agree that subject to the mandatory arbitration provisions set forth in the Dispute Resolution section below with respect to certain classes of claims, any legal action, suit, or proceeding arising out of or related to these Terms or your use of the website or Services that is not subject to arbitration shall be instituted exclusively in the competent courts located within the Lianxi District of Jiujiang City, Jiangxi Province, China. You irrevocably and unconditionally submit to the exclusive personal jurisdiction of such courts for the purpose of any such action, suit, or proceeding, and you waive any objection to the laying of venue in any such court on the grounds of forum non conveniens or any similar doctrine. You further agree that any claim or cause of action arising out of or related to these Terms, the website, or the Services must be filed within one year after such claim or cause of action arose, or it shall be forever barred.

14. Dispute Resolution

PassExam desires to resolve any and all disputes, complaints, and concerns that may arise between you and PassExam in an amicable, efficient, and cost-effective manner. Before initiating any formal legal proceeding, you agree to first attempt to resolve the dispute informally by contacting us in writing at team@passexam.mom and providing us with a detailed written description of the nature and basis of your claim or dispute, as well as the specific relief sought (the Notice of Dispute). Within thirty days of our receipt of the Notice of Dispute, PassExam will seek to address your concerns and attempt to reach a mutually satisfactory resolution. If we are unable to resolve the dispute informally within sixty days of our receipt of the Notice of Dispute, either party may proceed to pursue the claim through the binding arbitration process set forth below.

Except for claims seeking injunctive or other equitable relief, claims relating to intellectual property rights, and claims that may be brought in small claims court in a jurisdiction where you reside, any and all disputes, claims, and controversies arising out of or relating to these Terms, the website, the Services, or the relationship between you and PassExam, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively and finally by binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its then-current arbitration rules. The arbitration shall be conducted in Jiujiang, Jiangxi Province, China, or at another mutually agreeable location, before a single arbitrator who is knowledgeable in information technology and commercial law. The arbitration shall be conducted in the English language, and the arbitrator shall issue a reasoned written decision. The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration or other proceeding permitted under these Terms shall be conducted on an individual basis only and not on a class-wide, collective, representative, or consolidated basis. You hereby waive any right to participate as a member of any class, collective, representative, or consolidated action, lawsuit, or proceeding, or as a member of any class, collective, or multi-party arbitration. The arbitrator shall have no authority to consolidate claims or to hear or determine any form of class, collective, representative, or multi-party proceeding. If a court of competent jurisdiction finds that this class action waiver is unenforceable with respect to any claim, then the entirety of the arbitration agreement set forth in this section shall be null and void with respect to such claim, and that claim may proceed in court rather than in arbitration.

15. Changes to These Terms

PassExam reserves the right, at any time and in its sole discretion, to update, modify, amend, supplement, or replace any or all of these Terms of Service to reflect changes in applicable law or regulation, to incorporate new features or functionality of the website or Services, to address emerging security or operational concerns, to adjust to evolving industry practices or standards, or for any other business, operational, or legal reason that we deem appropriate. Any such modifications shall become effective immediately upon the posting of the updated Terms on the website, unless a different effective date is specified in the notice of modification. When we make changes, we will update the Effective Date displayed at the top of this page and will, where appropriate, provide additional notice to registered users.

We encourage you to review these Terms of Service periodically and carefully each time you access or use our website or Services. By continuing to access or use the website or Services after the effective date of any revised Terms, you signify your agreement to be bound by the modified Terms. If you do not agree with any modification, your sole and exclusive remedy is to discontinue use of the website and Services and, if you have a registered account, to request its termination. Material changes that significantly affect your rights or obligations may be communicated to you through a notice on the website, by email to the address associated with your account, or through other reasonable means, at least thirty days prior to the changes taking effect, where feasible.

16. Notices

All notices, requests, consents, demands, waivers, and other communications required or permitted to be given under these Terms of Service shall be in writing and shall be delivered, addressed, and transmitted as follows. Notices to PassExam Trading Co., Ltd. shall be sent by email to team@passexam.mom with a copy sent by registered or certified mail, postage prepaid and return receipt requested, to the following physical address: PassExam Trading Co., Ltd., 114-3, Building 4, Helonglong Resettlement Area Phase I, Hetang Xincun Community, Wuli Street, Lianxi District, Jiujiang 332000, China. Notices to you may be sent by email to the email address you provide during registration, by posting a notice on the PassExam website, or by sending a message through your account portal, and such notices shall be deemed received by you twenty-four hours after they are sent.

Any notice to PassExam must clearly identify the subject matter of the communication and shall be effective only upon actual receipt by an authorized representative of PassExam. Notices sent by you via email alone shall be presumed received by PassExam on the next business day following the date of transmission, provided that no bounce-back or delivery error notification is received. It is your responsibility to ensure that the contact information and email address associated with your account are current and accurate at all times, and PassExam shall not be liable for any delay, loss, or damage resulting from your failure to maintain accurate contact information or to receive notices for any reason beyond our reasonable control.

17. Contact Information

We value your feedback, questions, and concerns. Our team is available to assist you with any inquiries related to these Terms of Service, your account, our website, or our Services. You may direct all communications relating to these Terms, including any requests for clarification, reports of violations of these Terms, and other legal or contractual matters, to us using the contact details provided below. We are committed to responding to all legitimate inquiries in a timely and professional manner.

You may reach PassExam through any of the following channels:

Email: team@passexam.mom
Phone: +15092868650
Website: https://www.passexam.mom
Registered Office Address:
PassExam Trading Co., Ltd.
114-3, Building 4, Helonglong Resettlement Area Phase I
Hetang Xincun Community, Wuli Street
Lianxi District, Jiujiang 332000
China

We will endeavor to acknowledge receipt of your communication within three business days and to provide a substantive response within ten business days, though response times may vary depending on the nature and complexity of the matter raised. If your inquiry relates to a specific client engagement or Service Agreement, please reference the relevant agreement or project identifier in your communication to help us route your inquiry efficiently.

18. General Provisions

Entire Agreement. These Terms of Service, together with our Privacy Policy, any applicable Service Agreement, and any other policies, guidelines, or agreements expressly incorporated by reference herein, constitute the entire and exclusive agreement between you and PassExam Trading Co., Ltd. concerning your access to and use of the website and Services, and they supersede and replace all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, relating to the same subject matter. No course of performance, course of dealing, or usage of trade shall be used to modify, supplement, or explain any provision of these Terms.

Severability. If any provision or portion of a provision of these Terms of Service is determined by a court or arbitrator of competent jurisdiction to be illegal, invalid, unenforceable, or void under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent as closely as possible. If such modification is not possible, the provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect and shall be construed, interpreted, and enforced as if the invalid or unenforceable provision had never been included.

Waiver. No failure or delay on the part of PassExam in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single, partial, or limited exercise of any such right, power, or privilege preclude the further exercise of any other right, power, or privilege. Any waiver of a breach or default shall be effective only if made in writing and signed by an authorized representative of PassExam, and no such waiver shall be deemed a waiver of any subsequent or continuing breach or default of the same or any other provision.

Assignment. You may not assign, transfer, novate, or sublicense any or all of your rights or obligations under these Terms of Service without the prior written consent of PassExam, and any attempted assignment without such consent shall be null and void. PassExam may freely assign, transfer, or delegate these Terms, and all rights and obligations hereunder, in whole or in part, at any time and without your consent, to any affiliate, successor in interest, or third party, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets relating to the website or Services. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Force Majeure. PassExam shall not be liable or deemed to be in breach of these Terms for any failure, delay, interruption, or impairment in the performance of its obligations hereunder, in whole or in part, to the extent that such failure or delay is caused by or results from any cause, event, or circumstance beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, epidemic, pandemic, public health emergency, natural disaster, war, terrorism, riot, insurrection, civil unrest, strike, labor dispute, embargo, governmental action or regulation, interruption or failure of telecommunications, internet service, or utility services, cyber attack, denial of service attack, or failure of third-party services or providers on which we reasonably rely.

Relationship of the Parties. Nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and PassExam. Neither party shall have the right or authority to bind the other party or to incur any obligation, debt, or liability on behalf of the other party without the other partys express prior written consent, except as expressly set forth herein. You acknowledge that PassExam operates as an independent contractor in the provision of all Services, and that our personnel are not and shall not be deemed to be your employees, agents, or representatives.

Headings and Construction. The section headings and subheadings used in these Terms of Service are included for convenience and ease of reference only and shall not affect the interpretation, construction, or enforceability of any provision herein. The language of these Terms shall be construed according to its fair meaning and not strictly for or against any party, regardless of which party was responsible for drafting it. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms.

Survival. All provisions of these Terms that by their nature should survive the termination or expiration of these Terms shall so survive, including without limitation the provisions concerning intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and general provisions. Any rights or obligations that have accrued prior to termination shall continue to be effective and enforceable as necessary to preserve the rights and remedies of the parties.