THIS AGREEMENT BINDS YOU OR THE COMPANY YOU OWN/REPRESENT ("STUDENT”, “YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF ABLE SAFETY CONSULTING LLC’s ("OUR", "WE", "COMPANY" OR "ASC") SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR "PRODUCTS" OR “SITE”). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Products enable Students to connect with the e-learning instruction and learning services in Our proprietary online classrooms (the "Courses"). Students are "Users." The Products include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
Company reserves the right to revise these Terms at its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
The Company may modify the Products or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated, if any, with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card to pay the fees as they are due.
If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person's Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products.
You are a User in search of or participating in a Course, You are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that:
To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time except in cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content." Content uploaded, transmitted or posted to the Site or through the Products by a User is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. ASC does not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
You agree that We may record all or any part of any of Your use of Our Courses for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, reviews, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL.
If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company at firstname.lastname@example.org All rights not expressly granted in these Terms are retained by the Content owner ASC and these Terms do not grant any implied licenses.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or copy/link to them without Our prior approval.
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY'S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE.
You hereby indemnify, defend and hold harmless the Able Safety Consulting LLC, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under these policies, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time. You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at email@example.com We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content
When you visit our website, we receive and collect certain information about you. The information that we receive and collect depends on what you do on our website. You may be able to improve your experience on our website when you tell us who you are (e.g. by applying for products, making inquiries, or requesting further information about a product or service). However, you can use our online services without revealing your identity. When you request information, we will ask you for your name and other personal information or obtain such data from third parties. You are free to choose whether to disclose this information to us or not.
Some of the information you may submit is personal data, but much of it is not. Personal data is information that can be used to ascertain your identity. This includes information such as your correct name, address, postal address and telephone number. It does not include information that is not directly related to your actual identity. All information is stored on specially protected servers from Amazon Services
You may need to provide us with certain personal information from time to time including the registration process. This information could include information such as your date of birth and address and could be protected by applicable data privacy laws. By completing the registration process and/or using our non-public websites, you confirm your agreement with our processing such information and our disclosure of such information. We shall only use your personal information for purposes necessary for our performance of our obligations under your customer agreement and our compliance with laws and regulations.
Data relating to your internet access is logged by our servers. These could be used to identify you (for example, your IP address, the date and time and the pages that you viewed). We do not exploit any personal data. We reserve the right to use anonymous data records for statistical purposes, to improve our websites and to better meet the need of its visitors. Next to the log files also so called "Cookies" are used. These are stored in your browser and help to deliver a better and more personalized service e.g. by remembering certain choices you've made so you don't have to re-enter them. The following cookies are used by our websites:
|Session||Session||Stores information necessary to use our services and to ease your current visit|
|Google Analytics||2 years||Stores information to anonymously track and analyse your visit with the goal to better understand how people use our site and to improve their visiting experience|
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will generally be transmitted to and stored by Google on servers in the United States. In case IP anonymization is activated on this webpage, however, Google will shorten your IP address beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website:DISABLE GOOGLE ANALYTICS Further information concerning the terms and conditions of use and data privacy can be found atHTTP://WWW.GOOGLE.COM/ANALYTICS/TERMS/US.HTML or atHTTPS://WWW.GOOGLE.DE/INTL/EN/POLICIES/. Please note that on this website, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).
Your personal data may be disclosed to third parties engaged to help us run our business, subject to your consent if required by law. These types of third parties may include distributors of our products and services, service providers retained to perform functions on our behalf or to provide services to us, including but not limited to, accounting, audit, consulting, legal, and other professional service providers, and providers of other services related to our business. Portions of our services may be provided by organizations with which we have a contractual relationship, including subcontractors, and, accordingly, your personal data may be disclosed to them.
If, in the course of order data processing, data is forwarded to service providers, we will be responsible for ensuring that your personal information continues to be protected with the same level of protection as if we were dealing with it directly.
The personal data that you enter on our website is stored until the purpose for which it was entrusted to us has been fulfilled. If you no longer agree with your personal data being stored, or if it was stored in error, we will have your data deleted or blocked accordingly, or make the necessary corrections (provided this is possible in accordance with the prevailing law). If you wish, we can send you information free of charge about all of your personal data that we have saved.
Subject to your consent if required by applicable law, we may use your personal data to provide you with direct marketing information about our products and services as well as those of our affiliates and third parties. Our direct marketing may be by e-mail, telephone, post or SMS or such other method(s) as may become relevant.
We will take steps to seek to ensure that any direct marketing from us and which is sent by electronic means will provide a simple means for you to stop further communications, in accordance with applicable law. For example, in e-mails, we may provide you with an “unsubscribe” link, or an e-mail address to which you can send an opt-out request. In addition, if we need your consent for direct marketing communications under applicable law, and if you provide your consent, you will be able to change your mind at any time.
Other websites that may be linked to or by our website(s) are subject to their own policies which may differ from ours. You should carefully read the privacy policies of these websites before submitting any personal information. We are not responsible for any losses or damages in connection with the information, security, privacy practices, availability, content or accuracy of materials of such third-party websites.
Please remember that communications over the internet such as e-mails are not secure. We seek to keep secure all confidential information and personal information submitted to us through this website in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through this website.
We respect the privacy of your children and encourage all parents to supervise their children’s computer usage. We do not knowingly collect or retain personal information from children under the age of thirteen. We advise all visitors to our website under the age of 13 not to disclose or provide any personal data on our website. To learn more about the Children’s Online Privacy Protect Act (COPPA) please visit the Federal Trade Commission’s website at WWW.BUSINESS.FTC.GOV/PRIVACY-AND-SECURITY/CHILDREN'S-PRIVACY
We will never e-mail you to request personal information over the Internet or by any other means. Help protect yourself against online fraud – if you suspect that an unsolicited e-mail is fraudulent, please contact us.
Notice to persons accessing this website outside the United States If you reside outside the U.S., any information you provide to us on our website will be transferred out of your country and into the U.S. If you do not want your personal data to leave your country, do not provide the information to us. By providing personal data to us, you explicitly consent to the transfer of your information to the U.S.
Able Safety Consulting LLC “ASC” offers You, the “Student” a sixty (60)-day, no-questions-asked money back guarantee. If You, as a Student, are unhappy with such a Course and request a refund within sixty (60) days of the date that You paid for access to that Course, and have not fully completed that course, we will provide You with a full refund of the amount you paid. To request a refund, please contact us via; firstname.lastname@example.org or by calling 888-926-4727.
Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the ASC Products, without any liability to you.
1. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
Able Safety Consulting LLC, “ASC” respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our instructors, students and other users of our website and services (the “Site”) to do the same. Infringing activity will not be tolerated on or through the Site.
ASC’s intellectual property policy is to (a) remove material that ASC believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by "repeat infringers." ASC considers a "repeat infringer" to be any User that has uploaded Submitted Content to the Site and for whom ASC has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. ASC has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon ASC’s own determination.
2. Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following;
You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
3. Designated Agent Contact Information.
4. Counter Notification.
If you receive a notification from ASC that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide ASC with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
5. False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides that:
[Any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of TD relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. 512(f).
ASC reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at email@example.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Able Safety Consulting LLC, the operation of the Site or any other matter should be sent to firstname.lastname@example.org