Terms and Conditions
Effective Date: August 23, 2018
Welcome to ASSET Education (“ASSET”, “we”, “us” our “our”). Please read these Terms and Conditions (“Terms”) carefully before using the ASSET website located at http://www.asset-edu.org (“Site”) and the ASSET content (“Content” and together with the Site, the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and the Privacy Notice which is hereby incorporated by reference. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We further reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Rights We Grant You.
The Content and the Service are the property of ASSET or our licensors. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial educational use. The Service is licensed, not sold, to you, and ASSET reserves all rights not expressly granted to you in these Terms.
All ASSET trademarks, service marks, trade names, logos, domain names, and any other features of the Service (“ASSET Marks”) are the sole property of ASSET or its licensors. ASSET does not grant you any rights to use any ASSET Marks whether for commercial or non-commercial use.
Third Party Services.
The Services are integrated with various third party services and applications (collectively, “Third Party Services”) to make available ASSET Content, other content, products, and/or services to you. Examples of Third Party Services include our eCommerce payment processor, hosting services, and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services have their own terms and policies, and your use of them will be governed by those terms and policies. Third Party Services are not owned or controlled by ASSET. ASSET has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or Third Party Services. You further acknowledge and agree that ASSET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or Third Party Services. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services.
User Content means any content that users upload, post or transmit to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all User Content. You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness. ASSET has the right but not the obligation to monitor and edit all User Content provided by users. We do not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will ASSET be liable in any way for any User Content.
By posting User Content on or through the Service, you represent and warrant that: (i) you own the User Content or otherwise have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing any intellectual property rights.
You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Service. However, by posting User Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such User Content on and through the Service.
Acceptable Use Policy.
ASSET respects intellectual property rights and expects you to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, transferring, or displaying or making available to the public, any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it; reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service, Content or any part thereof unless permitted by applicable law; circumventing any technology used by ASSET, its licensors, or any third party to protect the Content or the Service; removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service; providing your password to any other person, impersonating any other person or using any other person’s username and password; “crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from the Service;
- posting any User Content, or registering and/or use a username, which is or includes material that: is offensive, abusive, defamatory, pornographic, threatening, or obscene; is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of ASSET or a third party; includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; is intended to or does harass or bully other users; impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; uses automated means to artificially promote content; involves the transmission of unsolicited mass mailings or other forms of spam; links to, references, or otherwise promotes commercial products or services; or interferes with or in any way disrupts the Service.
You acknowledge and agree that taking any of these actions may result in immediate termination or suspension of your access and/or account.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Limitation of Liability and Disclaimer of Warranties.
ACCESS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “ACCESS PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE. THE ACCESS PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICE FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT YOU UPLOAD TO THE SERVICE.
THE ACCESS PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE ACCESS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL ANY ACCESS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ACCESS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS’S LIABILITY, AND THE LIABILITY OF ANY OTHER ACCESS PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE FEES YOU HAVE PAID US.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify and hold harmless the ACCESS Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service; b) your breach of these Terms, or c) your User Content.
These Terms shall be governed and construed in accordance with the laws of the State of Colorado without regard to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Boulder County, Colorado. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Except as expressly agreed by ACCESS and you, these Terms constitute the entire agreement between you and ACCESS with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.