Please read the following Terms of Service (TOS) carefully before using our education website, aach.thinkific.com, and any products and/or services (Services) offered by AACH. TOS take effect when you click an ‘I Accept’ button presented with TOS. When logging in to our website, you confirm that you are lawfully able to enter into contracts (i.e. you are not a minor). If agreeing to these TOS for an entity, such as a company that you work for, you also confirm that you have legal authority to bind that entity. Please read the terms carefully before using this site, since any form of usage creates a binding agreement between you and AACH.
Description of AACH Services
AACH (‘We,’ ‘Us’) provides Services to the public at large, including but not limited to online courses, board-approved webinars, supportive materials (worksheets, graded assessments, news links, etc.), and administrative/technical support via web browser and Internet.
For purposes of these TOS, ‘you’ means you and the entity you represent, as well as any person accessing Services by any method on your behalf.
For purposes of these TOS, the word ‘Data’ includes all review quizzes, final examinations, discussion forums, survey responses, completion certificates, and any other information input or generated on behalf of you in connection with Services.
You may not transfer, distribute and/or share Services from our online education platform (this site) for personal and/or work-related use without prior written authorization from us.
AACH may modify its TOS at any time by posting a revised version to this website and/or by notifying you by e-mail. Modified terms are effective immediately upon posting and/or e-mail transmission. You agree to the modified terms by continuing to use Services. It is your responsibility alone to be aware of current TOS.
You own all right, title, and interest in all Data entered into Services, including review quizzes, final examinations, discussion forums, survey responses, completion certificates, and any other information input or generated on behalf of you in connection with Services. In addition, all reports and downloads derived from your data are also owned by you. All such data are deemed Confidential Information (CI, defined below) and will not be used by AACH for any purpose other than to perform its obligations under these TOS.
We do not sell or make available specific information about our customers or their Data except as required pursuant to specific regulations, laws and/or court order. We maintain a database of user information that is used only for internal purposes such as administrative support and user notification regarding changes and/or enhancements to Services.
Use of Services
Services are designed to be used by you using a modern web browser, functional operating system, and adequate Internet connection.
You are responsible for controlling access to your account, including creating a strong password, protecting that password, and preventing unauthorized users from using your account.
You are responsible for creating backups of your Data.
If using Services to e-mail third parties, you are responsible for ensuring that those third parties have opted in to—or otherwise validly consented to—receiving communications from you.
Unacceptable Use of Services
You are solely responsible and liable for all Data, particularly the manner in which Data is distributed to third parties. We do not monitor Data. We do, however, reserve the right to remove Data from Services when it is deemed in violation of our TOS.
We may suspend your account at any time, without refund of any related amount paid for Services and without notice, for conduct that violates TOS. You may also be subject to legal liability and/or prosecution due to such conduct.
The following is a non-exhaustive list of content and use of Services that are both unacceptable and a violation of TOS: i)Use of Services that violates applicable law; ii) Reverse engineer and/or tamper with the security of said Services; iii) Resell Services or permit third parties to use Services without our prior written consent; iv) Make unauthorized copies of any proprietary content found in Services; v) With the exception of legal and valid research, upload Data that contains links of any type to nudity, pornography and/or profanity; vi) Upload, send and/or store malicious software and/or Data that condones, promotes, contains and/or links to warez, malware, crackers and/or hackers, their associated utilities and/or other piracy-related information, whether for educational purposes or not; vii) Upload Data that infringes upon any copyrights, trademarks, patents, trade secrets and/or other intellectual property; viii) Upload Data that is racist and/or offensive by nature, including content that aggravates, harasses, threatens, defames and/or abuses others; ix) Upload and/or display Data that exploits children of ANY age; x) Upload binary files and/or executable code; and, xi) Perform vulnerability tests, network scans, penetration tests and/or other investigative examinations of our software and related Services.
You must comply with all applicable laws including those governing spam. Spam includes any type of unsolicited e-mail, message, promotion, advertising and/or solicitation. In short, you agree not to send spam via AACH.
If your use of Services requires compliance with specific regulations, you are solely responsible for such compliance unless we agree otherwise. You may not use Services in a way that subjects us to those specific regulations without our prior written agreement.
If you are an academic institutionwith an academic license, your use of Services is restricted to academic and/or research purposes by your specific institution. Services may be used only by students, staff and/or faculty of your institution. Commercial use of Services is strictly and expressly prohibited and includes, without limitation, use of Services on behalf of other institutions and/or entities for compensation.
We own all right, title, and interest in and to Services as delivered, all related software and technology, and all proprietary content, including all intellectual propertyrights in the foregoing. Nothing contained on this website shall be construed as granting any license and/or rights to use Services without our prior written consent.
We and our licensors exclusively own all right, title, and interest in and to Services, as well as ANY Services-related suggestions, concepts, ideas, feedback, enhancements and/or recommendations provided by you to us during your use of Services.
CI includes our TOS, statements of work, service orders, other agreements between you and AACH, business/marketing plans/strategies, non-public business/technology information, trade secrets, Data, any written materials marked as confidential, and any other information reasonably understood to be confidential. We will use reasonable efforts, including appropriate technology and industry practices, to ensure the confidentiality, integrity and/or security of all CI.
The above confidentiality obligations do not apply to information which either you or we as recipient of such information from another party can document: i) was rightfully in its possession or known to it prior to receipt of such information; ii) has become public knowledge through no fault of recipient; iii) is rightfully obtained by recipient from a third party without breach of any confidentiality obligation; iv) is independently developed by employees of recipient who had no access to said information; and, v) is required to be disclosed pursuant to regulation, law and/or court order.
To the extent allowed by law, you agree to indemnify and hold us harmless against any and all claims and/or expenses, including reasonable attorneys’ fees, that may arise from your use of Services. This indemnification expressly includes your responsibility for any and all liability arising from the violation and/or infringement of/on copyrights, trademarks and/or proprietary rights, as well as the use of any libelous and/or unlawful material contained within your Data.
Limitation of Warranties
We make no representation, warranty and/or guaranty as to the reliability, accuracy and/or completeness of website, software and/or Services. We do not represent and/or warrant that i) Your use of Services shall be timely, uninterrupted and/or error-free, or operate in combination with any other hardware, software, systems and/or Data; ii) Services will meet your requirements and/or expectations; and, iii) All non-conformities can or will be corrected. Services provided by us hereunder are strictly on an ‘as is’ basis. Except to the extent prohibited by law, we expressly disclaim all representations and/or warranties, whether explicit, implicit, statutory or otherwise, including but not limited to implied warranties of fitness for a particular purpose, noninfringement and/or merchantability. We do not make any warranties, representations and/or conditions with respect to any third-party content, express or implied.
We disclaim any liability for damages caused by our Services and/or content of this website unless due solely to intentional negligence. Our aggregate liability for any claim arising out of Services is limited to your direct damages and shall not exceed the fees you paid us in the twelve-month period prior to the event giving rise to such claim. We shall never be liable for lost profits, lost data, business interruptions and/or incidental/consequential damages arising from use of and/or inability to use Services, regardless of whether we are notified of the potential for such loss.
Assignment: You are not permitted to sublicense Services to third parties without our prior written consent.
Choice of Law and Forum: Our TOS will be governed by the laws of the State of Georgia and the United States without regard to legal precedent. The jurisdiction and venue for actions related to the subject matter hereof is the State of Georgia and United States federal courts located in Atlanta, Georgia. You waive all objections thereto.
Waiver: Our failure to enforce strict adherence to any provision of TOS does not constitute a waiver of our right to subsequently enforce said terms.
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