Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN YOU MAY NOT USE THIS WEBSITE OR THE PRODUCTS.

Last revised March 19, 2015

1.  General Terms and Conditions.

1.1.    General.

Accelerated Training Systems, LLC. (“Accelerated Training Systems,” “we” or “us”) provides small businesses and organizations with cloud based software applications with various features and functionalities (individually, a “Product” and collectively, the “Products”). This website (including any related sub-site, service, feature or functionality) (the “Site”) and the Products are provided subject to these Website and Product Terms and Conditions of Use (“Terms of Use”), as they may be amended by us, and any guidelines, rules or operating policies that we may post on this website, including, without limitationour Privacy Statement, which are specifically incorporated herein by reference (collectively, the “Agreement”). We may amend this Agreement from time to time due to changes to the Site or the Products, to account for developments under the law, or for any other commercially reasonable reason. Future performance by us of our obligations under this Agreement is sufficient consideration for any such amendment. If you do not want to agree with the terms of any such amendment, you should stop using the Site and the Products and contact us to cancel your account. By checking the box next to the “I agree to the terms and conditions of Accelerated Training Systems.” button on the sign-up page, by logging in to your Accelerated Training Systems account, by accessing the Site or by accessing any of the Products (including by means of any API interface), you accept this Agreement on behalf of yourself and any business or organization you represent (collectively, “you”). Any terms and conditions that may be contained in any acknowledgement, invoice, purchase order or other form you provide are specifically null and void.

1.2.    Minimum Age and Ability to Bind.

The Site and the Products are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Site or the Products. If you are using the Site or the Products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Products.

1.3.    Registration.

You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Site, and agree to update such information if it changes.

1.4.    Account Access.

We may, in our discretion, permit you to authorize additional users to use your Accelerated Training Systems account. For purposes of this Agreement, you are the “Account Owner” and any other users you authorize will be deemed “Authorized Users.” You will be responsible for each Authorized User’s use of your Accelerated Training Systems account and each Authorized User’s compliance with this Agreement.

2. Communication with You.

We reserve the right to send messages to you to inform you of (a) changes or additions to the Site, the Products, this Agreement or the Fee Schedule, (b) violations of this Agreement or actions relating to your privilege to access and use the Site or the Products, or (c) any other matter related to the Site, the Products or this Agreement. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.

You agree that we may, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Account Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.

BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE MAY CONTACT YOU VIA TELEPHONE (EITHER BY A LIVE PERSON, AUTOMATIC DIALER, PRERECORDED MESSAGE OR A COMBINATION OF THE FOREGOING) TO DISCUSS THE PRODUCTS AND YOU CONSENT TO SUCH CONTACT. FURTHER, YOU CONSENT TO RECEIVE SUCH PHONE CALLS AT THE TELEPHONE NUMBER YOU ENTERED ON THE SITE. You do not need to agree to this provision in order to use the Site or purchase the Products and if you would like us not to contact you by telephone, please send an email to mindcache@acceleratedtrainingsystems.com.

Upon request, we may also contact you via telephone (including by automatic dialer or prerecorded message) or text you in order to provide you with your password or other information you request.

3. Fees; Payment; Taxes.

3.1.    Fees.

3.1.1. Fee Schedule.

Once you have completed any applicable free trial period or exceeded any limits described on the applicable fee schedule (the “Fee Schedule”), you will be subject to fees in accordance with any applicable Fee Schedule. Applicable fees will be billed monthly or your pre-paid account will be debited monthly for the Products, even if you are not actively using the Products. The applicable Fee Schedule is subject to change at any time in our sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the applicable Fee Schedule, but you are responsible for reviewing the applicable Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed here under.

3.1.2. Disputes.

Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not brought within the 30 day period, and all such charges will be final and not subject to challenge.

3.2. Payment; Taxes.

3.2.1. Payment.

Payment for the Products will be made in advance by a valid credit card accepted by us. Checks will be accepted for prepayments of at least twelve months. Fees are only payable in the currencies made available to you when you purchase our Products. If the monthly payment option is selected or if you have previously provided us with your credit card for payment, you hereby authorize us to charge your credit card for such amounts on a regular monthly basis beginning at the end of any applicable free trial period and continuing until such time as your Accelerated Training Systems account is terminated. If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify you by email and your Accelerated Training Systems account may be disabled until payment is received.

3.2.2. Taxes.

We collect and remit sales tax from our customers located in certain state and local jurisdictions, including those jurisdictions where software delivered as a service is taxable and where we maintain a physical presence. We determine your local taxing jurisdiction based on the billing address that you list in the “My Account” section of your Accelerated Training Systems account. Fees set forth in the applicable Fee Schedule do not take into account any taxes.

You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of the Site or the Products or your products or services (except for taxes based on net income payable by us).

4. Copyright and Trademark Information.

The Site and the information it contains, are the property of Accelerated Training Systems and, in some cases, its affiliates and licensors, and are protected by United States and international intellectual property laws. “Accelerated Training Systems,” “MindCache,” and the Accelerated Training Systems logo are registered trademarks of Accelerated Training Systems in the United States and other countries. This is not intended as a complete list of our trademarks and other Accelerated Training Systems product or service names or logos appearing in the Site may be trademarks of Accelerated Training Systems or its affiliates.

5. Ownership of Our Content

We may make available to you content that we have authored or licensed. Notwithstanding, all right, title and interest to such content, including all intellectual property rights, shall remain solely with Accelerated Training Systems. Your ability to utilize such content shall terminate upon the termination of your account, and you may not copy, distribute or make derivative works from the content which we have provided.

6. Restrictions on Use.

6.1. Prohibited Conduct.

You may not use the Site or the Products in a way that, as determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Products, including Accelerated Training Systems’ servers, computer network, or user accounts.

You may not use the Site or the Products in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site or the Products. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site or the Products for public or commercial purposes without our express written permission.

You shall not interfere with or disrupt the Site or any related Accelerated Training Systems websites or servers or networks connected to the Site or the Products.

You shall not restrict or inhibit any other user from enjoying and using the Site or the Products.

You shall not use the Site or the Products in violation of applicable law or third party rights (including third party terms of service), and shall not use the Site or the Products for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.

You shall not repeatedly upload and remove unique email addresses or otherwise try to manipulate data in an attempt to circumvent our Fee Schedule or other billing procedures.

You shall not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Products. If you own the document or image, you can use it outside of the Products so long as it is not hosted by us.

6.2. Limitations on Use.

You understand that not all messages sent through use of the Site or the Products will be received by or will be capable of being viewed by their intended recipients. You further understand that delivery of messages by means of the Site or the Products may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks.

You agree that we may establish general practices and limits concerning use of the Site or the Products, including without limitation the maximum number of messages that may be distributed by you and/or the maximum size of any messages that may be transmitted by means of the Site or the Products. We reserve the right to modify, revise, suspend or discontinue any Product in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Products in any manner. If we discontinue any Product in its entirety, we will provide you with advance notice and an opportunity to cancel your account.

6.3. Subscriber Privacy.

Sensitive Information. You will not import or incorporate into any contact lists or other content you upload to our servers any of the following information: social security numbers, national insurance numbers, credit cards, passwords, security credentials, or sensitive personal or health information of any kind.

6.4. Footers.

For every listing, message or campaign sent or distributed via the Products, you agree that we may add a link to our Site and a statement such as “Email Marketing by Accelerated Training Systems” or “Powered by Accelerated Training Systems” in the footer or other similar location that does not unreasonably obscure the message or campaign.

7. Communities.

The Site may contain areas where you may be able to publicly post information or communicate with others (for example, discussion boards or blogs), review products, and otherwise submit content, including the Accelerated Training Systems Community (the “Communities”). You agree that you are responsible for your own use and monitoring of such Communities, for any posts you make, as well as any posts which you allow others to make, and for any consequences thereof. You agree that we are not responsible for the content of any postings in any Community and have no duty to monitor such Communities or to correct any erroneous statements set forth therein. Any information you post, or which you allow others to post, may be accessible to anyone with Internet access, and any personal or other information you include in your posting may be read, collected and used by others.

You agree that you will use any such Communities in compliance with all applicable laws and this Agreement. You further agree to abide by these Terms of Use, as stated in this Section 7, with respect to your use of the Accelerated Training Systems Community. In the event that you violate any provision of these Terms of Use, in our sole discretion, we reserve the right to terminate your access to or use of the Site or the Products, disable your Accelerated Training Systems account or access to the Site or the Products, and remove all or a portion of your content, in each case, with or without cause, with or without notice and without refund.

We reserve the right, but shall have no obligation, to investigate your use of any Community for any reason, including in order to (a) determine whether a violation of this Agreement has occurred, or (b) comply with any applicable law, legal process or governmental request. We have no obligation to maintain or continue operation of any Community, and we may cease operation of, or modify, all or any portion of any such Community at any time in our sole discretion and without notice to you.Many of the products and services being promoted by means of the Communities are offered by and are the sole responsibility of the person or entity that made such postings. We do not endorse and are not responsible for (i) any third party products or services marketed or made available through the Communities, or (ii) any purchase or other transaction resulting from or associated with your use of the Communities.

8. Restrictions and Responsibilities.

8.1. No Rights in Software.

This is an Agreement for services and access to the Site, and, except as expressly set forth herein, you are not granted a license to any software by this Agreement and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or the Products or any software, documentation, or data related to the Site or the Products (“Software”); remove any proprietary notices or labels from the Site or the Products or any Software; modify, translate, or create derivative works based on the Site or the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or the Products or any Software. If you are using the Site or the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, the Software or the Products, then you hereby covenant that, prior to engaging in such activities, you will first request that we perform such work at our standard professional services rates. We can then decide either: (a) to perform the work in order to achieve such interoperability and charge our then standard rates for such work to you; (b) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (c) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.

8.2. Permitted Use of the Site or the Products.

The Site and the Products shall be used for your personal or internal business (which includes civic or charitable) purposes only, in compliance with this Agreement and you shall not use the Site, the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with Site, the Products or the Software, or any content, including but not limited to newsletters distributed to you by us in connection with the Products.

8.3. Compliance with Laws.

The Site and the Products shall only be used for lawful purposes and you shall use the Site and the Products only in compliance with this Agreement, and all other applicable U.S., state, local and international laws in your jurisdiction, including but not limited to the national and local laws of any other country in which you use the Site and the Products, including those policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws.

8.4. Monitoring and Removal.

Although we have no obligation to monitor the content provided by you or your use of the Site or the Products, we may do so and may block any messages and/or, remove any content, and/or prohibit any use of the Site or the Products that we believe may be in violation of the foregoing and/or any other provision of this Agreement. In no case will the foregoing make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.

8.5. Assistance.

You acknowledge that we may from time to time provide you with advice and other coaching regarding the use of the Products and complying with applicable law. You acknowledge that such assistance and information is provided as a convenience to you and that such assistance and information are not intended to and do not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that use of or compliance with this information will be sufficient to comply with your obligations hereunder, applicable law or with third party rights.

8.6. Your Information and Content.

8.6.1. Your Information.

In using the varied features of the Site or the Products, you may provide information about yourself, your company or your employees (such as name, contact information, email addresses, or other registration information) to us and we may collect information about your use of the Site or the Products. We may use this information in accordance with our Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use. We may provide this information to courts, law enforcement authorities and/or other relevant third parties, such as internet service providers, when such disclosure is necessary or advisable, in our sole discretion, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, bring legal action, prevent harm to others or pursue other relief.

8.6.2. Your Content.

We will also obtain any information that you provide to us in connection with your use of the Site or the Products, such as employee lists (including email addresses and phone numbers of your employees) and content (including Business Content). We acknowledge your ownership rights in such lists and content (“Customer Information”). We will never sell or rent your Customer Information to anyone without your permission, and will never use your Customer Information for any purpose other than providing our products and services or as described herein. In the event we amend or revise the policy described inthe immediately preceding sentence, we will provide advance notice of such amendment or revision.

To the extent permitted by applicable law, we may make and preserve copies of all Customer Information as necessary to provide the Site or the Products and for internal back-up and other legal or regulatory purposes.

8.6.3. Submissions.

If you submit any suggestions, business information, ideas, concepts or inventions or content to us through the Site or otherwise (“Submissions”), you agree such Submission is non-confidential for all purposes and you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Submission in any manner or in any media now known or hereafter created.

8.6.4. Backups.

You are responsible for making frequent backup copies of your Customer Information, including your content. We may, but are not required to, make backups of your Customer Information or content for our archival purposes, but do not guarantee that these will be available or useable.

9. Termination.

You may terminate your Accelerated Training Systems account at any time by calling Accelerated Training Systems Customer Support. Except as specifically set forth herein or on the Site, there are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCELERATED TRAINING SYSTEMS ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCELERATED TRAINING SYSTEMS ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCELERATED TRAINING SYSTEMS ACCOUNT AND THIS AGREEMENT.

We may, in our sole discretion, terminate your Accelerated Training Systems account or your access to or use of the Site or the Products, disable your Accelerated Training Systems account or access to the Site or the Products, remove all or a portion of your Customer Information or data, or put your Accelerated Training Systems account on inactive status, in each case at any time, with or without cause, with or without notice and without refund. We shall have no liability to you or any third party because of such termination or action, except that we will refund a pro rata portion of any prepaid amounts if we terminate you without cause.

If your Accelerated Training Systems account is classified (at our sole discretion) as inactive for over 120 days, we have the right to permanently delete any of your Customer Information or data.

Upon termination of your Accelerated Training Systems account by you or us, this Agreement and any rights or licenses granted to you hereunder, shall immediately terminate except that (a) all sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, Sections 2-5, 8.6, 10-15, and 18-19.

10. Indemnification.

You hereby agree to defend, indemnify and hold harmless us and our business partners, third-party suppliers and providers, members of our Network, account providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys’ fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of this Agreement; (b) arises from your Customer Information, including the content or effects of any messages you distribute (c) arises from your provision of incomplete or inaccurate information to your employees (d) arises from your activities or postings in any Community; (e) arises from your use of any Third Party Service (as defined below); or (f) otherwise arises from or relates to your use of the Site or the Products.

You agree to provide us with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that we have the right to seek damages when you use the Site or the Products for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Products, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.

11. Warranty Disclaimer; Remedies; Release.

YOU EXPRESSLY AGREE THAT THE SITE AND THE PRODUCTS (INCLUDING ANY CUSTOM SERVICES OFFERINGS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE OR THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE SITE OR THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US.

NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE PRODUCTS SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE PRODUCTS.

TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING THE SITE OR THE PRODUCTS, (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).

12. Limitation of Liability.

EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF ACCELERATED TRAINING SYSTEMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ACCELERATED TRAINING SYSTEMS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS AND MEMBERS OF OUR NETWORK, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “ACCELERATED TRAINING SYSTEMS”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ACCELERATED TRAINING SYSTEMS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF ACCELERATED TRAINING SYSTEMS TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY ACCELERATED TRAINING SYSTEMS TO YOU IN THAT 12 MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

You agree that Accelerated Training Systems has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.

13. Restricted Persons; Export of the Site, the Products or Technical Data.

You hereby represent and warrant that you are not a Restricted Person. For purposes of this Agreement, you are a “Restricted Person” if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Site or the Products is (a) a national of or an entity existing under the laws of any country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (b) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (c) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (e) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify us within 24 hours, and we shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you; provided, however, for the avoidance of doubt, you will remain liable to us for any outstanding obligations hereunder. You agree that you shall not utilize the Site or the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Site or the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

14. Links to Third Party Websites and Services.

In creating your content, you may embed links to third party websites and services (“third party links”), or you may ask that we embed such links as part of any content we create for you. You understand that any third party links may lead to sites which may contain, without limitation, advertising, marketing materials, cookies, analytics and tracking bots, and other devices which may track any users who follow the third party links you embed. We are not affiliated with or responsible for the content, action or performance of any website or services access through these third party links. We have no control over, and assume no responsibility for, the content, privacy policy, terms of use and practices of such website or service access through third party links. Any such third party links may lead to websites and services with terms of use and privacy policies different than ours and you should review the applicable terms and policies, including privacy and data gathering practices before proceeding.

We may terminate any third party links at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Notwithstanding the foregoing, we do not take responsibility to police any third party links that you include, and our decision not to terminate any third party links shall not constitute our allowance, acceptance or endorsement of such third party links. We will not be liable to you or to the third party for any actions or inaction with regard to third party links, and we accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any third party links.

In order to use some features of the Site or the Products, you and your users must have access to valid email accounts. You are solely responsible for paying any third-party fees associated with such third-party networks. You further agree that the ability to use some features of the Site or the Products may be subject to subscriber terms of use, contracts, capacity charges and/or other expenses established and enforced by your email service provider, internet service provider or other applicable service provider, all of which are your sole responsibility. You represent that use of the Product will not violate any rules, restrictions policies, or requirements of your email service provider, internet service provider or other applicable service provider.

15. Notice and Take Down Procedures; Copyright Agent.

If you believe any materials accessible on or from the Site or the Products infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from the Site or the Products by contacting our copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (for example, the URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Any information required to be included in a copyright infringement report under the United Kingdom Digital Economy Act 2010 (as we shall notify to you from time to time and request from you as necessary).
Your name, address, telephone number and (if available) email address.
A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to the Site and the Products is as follows:

Accelerated Training Systems, LLC.
2400 East Katella Avenue, Suite 800
Anaheim, CA 92806
Phone: (949) 397-2119
Email: mindcache@acceleratedtrainingsystems.com

For all email submissions please include the subject line: DMCA Takedown Request.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Accelerated Training Systems account holders who are repeat infringers.

16. Open Positions on Career Pages.

We may list open employment positions on the Site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on the Site or made available through the Site as an offer for employment, nor should you construe anything on the Site as a promotion or solicitation for employment not authorized by the laws and regulations of your location.

17. Username and Password.

You are responsible for maintaining the security of your Accelerated Training Systems account, passwords and files (including the passwords and files that your Authorized Users, if any, have access to) and any Accounts. We will accept the instructions of any individual who claims to be authorized to direct changes to your Accelerated Training Systems account so long as such person presents the Account Owner username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Site or the Products.

We have no knowledge of your organizational structure, if you are registering for the Products as an organization, or your personal relationships, if you are a person. You will be solely responsible and liable for any activity that occurs under your username and the activities of your Authorized Users, if any, and we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your Accelerated Training Systems account or any other breach of security.

18. International Use; Prohibited by Law.

In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities, email and the Site or the Products. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Site or the Products are controlled and operated by us from our offices within the United States and we make no representation that the Site or the Products are appropriate or available for use in other locations. Those who access the Site or the Products from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site or the Products where prohibited by law.

For the purposes of European Directive 95/46/EC and applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the data controller, and we are a data processor. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law. We agree that we shall process your personal data on your behalf in accordance with your instructions, as set out in this Agreement and in order to provide the Products, and any instructions received from time to time, and that we have taken and will continue to take adequate technical and organizational measures against unauthorized or unlawful processing of, accidental loss or destruction of, or damage to, your subscribers’ or customers’ personal data as set out in our Privacy Statement.

19. Miscellaneous.

19.1. Full Force and Effect.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

19.1. Full Force and Effect.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

19.2. Entire Agreement.

We and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

19.3. Assignment.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

19.4. Further Assurances.

You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement

19.5. Third Party Beneficiaries.

Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.

19.6. Titles.

The titles of the paragraphs of this Agreement are for convenience only and have no legal or contractual effect.

19.7. No Agency.

Except as expressly set forth herein, no agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.

19.8. Attorney Fees.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.

19.9. Governing Law and Legal Actions.

This Agreement shall be governed by the laws of the State of California, USA and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California, in each case, without regard to its choice or law or conflict of law’s provisions. All legal actions in connection with this Agreement shall be brought in the state or federal courts located in Santa Ana, California.

19.10. Additional Information.

If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at mindcache@acceleratedtrainingsystems.com

Copyright © 2014 – 2015, Accelerated Training Systems, LLC.