AGREEMENT TO TERMS
Services, You become a “Registered User” of the Site.
DESCRIPTION OF SERVICE
You understand and agree that the Site and the Services are provided “AS-IS.” ACHIEVEPOINT CAREER ACADEMY makes no representations or warranties of any kind with respect to the Site or the Service s or any contents therein. ACHIEVEPOINT CAREER ACADEMY assumes no liability or responsibility for any errors or omissions in providing the Services or the Site, any losses or damages arising from the use of the Site or the Services, or any conduct by users of the Site. ACHIEVEPOINT CAREER ACADEMY assumes no liability or responsibility for the timeliness, accuracy or reliability of the Services, deletion, incorrect delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services and for the payment of all fees associated with such access. You are also responsible for any fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Site and Services.
YOUR REGISTRATION OBLIGATIONS
REGISTERED USERS, PASSWORDS, AND SECURITY
You will receive a password and account designation upon completing the ACHIEVEPOINT CAREER ACADEMY registration process and becoming a Registered User. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to: (a) immediately notify ACHIEVEPOINT CAREER ACADEMY of any unauthorized use of Your password or account, and (b) exit from Your account at the end of each session. ACHIEVEPOINT CAREER ACADEMY is not liable for any loss or damage arising from Your failure to comply with this Section.
MODIFICATIONS TO SERVICE
ACHIEVEPOINT CAREER ACADEMY reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently, the Services (or any part thereof) with or without notice. You agree that ACHIEVEPOINT CAREER ACADEMY shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.
You understand and agree that for Student(s) enrolled in a school that uses the ACHIEVEPOINT CAREER ACADEMY technology and curriculum, federal, state, and/or local law may require that the computer made available to the Student(s) be equipped with filtering software to restrict access to Internet sites containing child pornography, obscene depictions, or other materials harmful to minors under 18 years of age. As legal guardian it is Your responsibility to install and maintain this software as required to meet federal, state, and/or local laws.
PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
You acknowledge and agree that all technology, ideas, concepts graphics, content, software, and materials available on the Site (“Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by ACHIEVEPOINT CAREER ACADEMY, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, broadcast, circulate, publicly display, publicly perform, publish, adapt, edit, translate, or create derivative
works from such materials or content. Notwithstanding the above, You may print or download one copy of the materials or content on the Site on a single computer for Your personal, non- commercial use, provided You keep intact all copyright and other proprietary notices. Systematic retrial of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without permission from ACHIEVEPOINT CAREER ACADEMY is prohibited. You may not post any Content from the website to forums, newsgroups, mail lists, electronic bulletin boards or other websites, without the prior written consent of ACHIEVEPOINT CAREER ACADEMY. You further agree not to reverse engineer any aspect of the Services or the Site, nor to use Your access of the Content, the Services or the Site to build or create a competitive product or service, or to create any product or service using ideas, features or functions similar to any aspect of the Content, Site or the Services. In addition, use of the Content for any purpose not expressly permitted in these Terms is prohibited.
LINKING AND THIRD PARTY SITES
You may not link or deep-link to this Site or any content contained on it without ACHIEVEPOINT CAREER ACADEMY’s prior written consent. The Site may produce automated search results that reference or otherwise link to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ACHIEVEPOINT CAREER ACADEMY, and You acknowledge that ACHIEVEPOINT CAREER ACADEMY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by ACHIEVEPOINT CAREER ACADEMY or any association with its operators, nor does ACHIEVEPOINT CAREER ACADEMY warrant that other sites will be free from viruses or other damaging content or materials. For Your protection ACHIEVEPOINT CAREER ACADEMY has installed filtering software described above, however, ACHIEVEPOINT CAREER ACADEMY does not warrant that objectionable websites will not be accessible even with the installation of the filtering software. You agree that ACHIEVEPOINT CAREER ACADEMY is not liable for any loss or damage of any sort incurred as a result of any such dealings with any linked site or merchant or operator of the linked site.
COPYRIGHT INFRINGEMENT – DIGITAL MILLENNIUM COPYRIGHT ACT
ACHIEVEPOINT CAREER ACADEMY respects the intellectual property of others. ACHIEVEPOINT CAREER ACADEMY may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others. If You believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, You may notify us by providing our copyright agent the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:
AchievePoint Career Academy
Attn: Customer Service
5098 Glencrossing Way #A
Cincinnati, OH 45238
NOTICE OF INFRINGING MATERIAL
Please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact You (for example, Your address, telephone number, e-mail address);
- A statement that You have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
- Your physical or electronic signature.
ACCESS AND INTERFERENCE
You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others’ use or enjoyment of, the Site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
INTERSTATE NATURE OF COMMUNICATIONS ON ACHIEVEPOINT CAREER ACADEMY NETWORK
When You register with on the Site, You acknowledge that in using certain services to send electronic communications (including but not limited to email, search queries, sending messages to ACHIEVEPOINT CAREER ACADEMY discussion boards, uploading photos and files to ACHIEVEPOINT CAREER ACADEMY, and other Internet activities), You will be causing communications to be sent through ACHIEVEPOINT CAREER ACADEMY’s computer networks. As a result, and also as a result of ACHIEVEPOINT CAREER ACADEMY’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where You are physically located at the time of transmission. Accordingly, by agreeing to these Terms, You acknowledge that use of the Service results in interstate data transmissions.
U.S. EXPORT CONTROLS
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site and Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
DISCLAIMERS OF WARRANTIES
The Site includes facts, views, opinions and recommendations of consultants, individuals and organizations not under the direct control of ACHIEVEPOINT CAREER ACADEMY. ACHIEVEPOINT CAREER ACADEMY and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations. Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Site.
LIMITATION OF WARRANTIES
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACHIEVEPOINT CAREER ACADEMY, ACHIEVEPOINT CAREER ACADEMY’S SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS (“RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT OR, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT ACHIEVEPOINT CAREER ACADEMY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ACHIEVEPOINT CAREER ACADEMY’S TOTAL LIABILITY RELATED TO USE OF THE SITE, SERVICES OR CONTENT SHALL NOT EXCEED THE AMOUNT OF MONEY COLLECTED BY ACHIEVEPOINT CAREER ACADEMY RELATED TO YOUR USE OF THE SITE OR RECEIPT OF SERVICES, OR $1,000, WHICHEVER IS GREATER.
YOU HEREBY RELEASE AND FOREVER DISCHARGE ACHIEVEPOINT CAREER ACADEMY, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, (“RELEASED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR STUDENT(S)’ USE OF THE CURRICULUM, THE SITE OR THE SERVICE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR STUDENT(S) MAY HAVE AS A RESULT OF SUCH STUDENTS’ USE OF THE CONTENT, THE SITE OR THE SERVICES REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or Your use of the Site shall be filed only in the state or federal courts located in Salt Lake City, Utah, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.