End User License Agreement for Anderson Admissions Academy
By checking the "I Agree" box, You or the Entity or Company that you represent ("You") are unconditionally consenting to be bound by and are becoming a party to this End User License Agreement ("Agreement"). Your use of the course or service shall also constitute assent to the terms of this agreement. if you do not unconditionally agree to all of the terms of this agreement, do not check the "I Agree" box and you will not have any right to use the Anderson Admissions Academy course(s) or service. Acceptance of this agreement by Anderson Admissions Academy (“Anderson Admissions Academy,” “We,” or “Us”) 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 are considered an offer, acceptance is expressly limited to these terms.
In addition, if you access or otherwise use (including, without limitation, by uploading, posting, or otherwise disseminating any text, images, or video) any Anderson Admissions Academy Service (including, without limitation, any Anderson Admissions Academy website) you expressly agree to the terms of use of those Services, located at www.anderson.thinkific.com.
License; Access
Subject to the terms of this Agreement and your compliance therewith, Anderson Admissions Academy grants to you a personal, nontransferable, nonsublicensable, nonexclusive license to use this course and the related on-line documentation (for example, downloadable course videos and documents) (collectively, the "course(s)") for your personal use only, on up to three computers that you own, in their original form only, and only in accordance with the related on-line documentation. Anderson Admissions Academy shall retain all title to and ownership of the course(s) and all copies thereof. Anderson Admissions Academy reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on its website, http://www.anderson.thinkific.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the course(s) or any Anderson Admissions Academy Service by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Subscriptions and Expiration
Your access to the course(s) is granted upon completing your payment to Anderson Admissions Academy through the Thinkific interface. You must login to your account at http://www.anderson.thinkific.com at least one time in each calendar year from the course(s) in order to verify that your account is active. Your failure to do so will cause the course(s) to be disabled. If you are not continuing paying for your Anderson Admissions Academy access, or if your access-period has expired, the course(s) will be disabled and you are not permitted to continue using the course(s). If you want to continue using your already created Anderson Admissions Academy courses after your access has expired you need to download them before your access period expires.
Restrictions
You shall not, nor shall you permit anyone else to, directly or indirectly: (i) modify, distribute, or, copy the course(s); (ii) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of the course(s) (except to the extent restrictions on reverse engineering are prohibited by applicable local law); or (iii) rent, lease, or use the course(s) or any Anderson Admissions Academy Service for timesharing or service bureau purposes. You shall maintain and not remove or obscure any proprietary notices on the course(s), and shall reproduce such notices exactly on all permitted copies (if any) of the course(s). As between the parties, all title, ownership rights, and intellectual property rights in and to the course(s) or any Anderson Admissions Academy Service, and any copies, portions, or derivatives thereof, shall remain in Anderson Admissions Academy and its suppliers or licensors. You understand that Anderson Admissions Academy may modify or discontinue offering the course(s) or any Anderson Admissions Academy Service at any time. This Agreement does not give you any rights not expressly granted herein.
Intellectual Property; Content
As a condition to your use of the course(s), you represent, warrant, and covenant that you will not use the course(s) or any Anderson Admissions Academy Service: (i) to infringe or violate the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate (or encourage the violation of) any applicable law, statute, ordinance, or regulation; (iii) to disseminate, transfer or store information or materials in any form or format (your "Content") that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; (iv) to disseminate Content that is an advertisement, solicitation, investment opportunity, or other unsolicited commercial communication; (v) to disseminate Content that is the confidential information of any third party without authorization from such third party to do so; or (vi) to disseminate any course(s) viruses or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer course(s) or hardware or telecommunications equipment, or violate the security of any computer network. Further, you certify to Anderson Admissions Academy that if you are an individual (e.g., not a corporation), you are at least the age of majority in your jurisdiction, or you have obtained the consent of your parent or guardian to use the Anderson Admissions Academy Service. You also certify that you are legally permitted to use the course(s) and access the Content, are not a current or future competitor, and take full responsibility for the selection and use of the course(s) and access to the Content. This Agreement is void where prohibited by law, and the right to access the course(s) or the Anderson Admissions Academy Services is revoked in such jurisdictions.
Warranty Disclaimer
The course(s) and the Anderson Admissions Academy service is provided "as is" and Anderson Admissions Academy makes no warranty of any kind with regard to the course(s) and the Anderson Admissions Academy service. Anderson Admissions Academy expressly disclaims all warranties, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose or noninfringement. Further, Anderson Admissions Academy does not warrant results of use or that the course(s) and the Anderson Admissions Academy service will guarantee favorable law school admissions results. Anderson Admissions Academy does not and cannot warrant the results you may obtain by using the course(s) and the Anderson Admissions Academy service. This disclaimer of warranty constitutes an essential part of this agreement. The foregoing disclaimers also apply with respect to Anderson Admissions Academy's contractors and agents. Some states do not allow the exclusion of implied warranties, so the above limitations may not apply to you. Further, Anderson Admissions Academy has no special relationship with or fiduciary duty to you. You acknowledge that Anderson Admissions Academy has no control over, and no duty to take any action regarding: which users gain access to the course(s) and the Anderson Admissions Academy Service; what Content you access via the course(s) and the Anderson Admissions Academy Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Anderson Admissions Academy from all liability for your having acquired or not acquired Content through the course(s) and the Anderson Admissions Academy Service. The course(s) and the Anderson Admissions Academy Service may contain, or enable you to access, information that some people may find offensive or inappropriate. Anderson Admissions Academy makes no representations concerning any Content contained in or accessed through the course(s) and the Anderson Admissions Academy Service, and Anderson Admissions Academy will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the course(s) and the Anderson Admissions Academy Service.
Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)
Anderson Admissions Academy makes no guarantee regarding the confidentiality or privacy of any communication or information transmitted using the course(s) or the PAnderson Admissions Academy service. Anderson Admissions Academy will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on equipment, transmitted over networks accessed by the course(s) or the Anderson Admissions Academy Service, or otherwise connected with your use of the course(s) or the Anderson Admissions Academy Service.
Copyright Dispute and Privacy Policies
Please review Anderson Admissions Academy's Copyright Policy located at http://www.anderson.thinkific.com, if you believe that material or Content residing on or accessible through the Anderson Admissions Academy Service infringes your copyright. In connection with your use of the course(s) and the Anderson Admissions Academy Service, Anderson Admissions Academy may gain access to your email address and other personally identifiable information you choose to provide. Please review Anderson Admissions Academy's Privacy Policy located at http://www.anderson.thinkific.com, to understand Anderson Admissions Academy's policies with respect to this information.
Limitation of Remedies and Damages
Under no circumstances and under no legal theory, including, but not limited to, tort, contract, negligence, strict liability, or otherwise, shall Anderson Admissions Academy be liable to you or any other person (i) for any indirect, special, incidental, or consequential damages of any character or (ii) for any matter beyond its reasonable control. Anderson Admissions Academy's liability for damages of any kind whatsoever arising out of this agreement shall be limited to $50 (U.S.), except where not permitted by applicable law, in which case Anderson Admissions Academy's liability shall be limited to the maximum extent permitted by such applicable law. The foregoing limitations shall apply even if Anderson Admissions Academy has been informed of the possibility of such damages. The foregoing limitations also apply with respect to Anderson Admissions Academy's contractors and agents. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you.
Indemnity
You agree that Anderson Admissions Academy and its partners, contractors, and agents shall have no liability whatsoever for any use you make of the course(s). You shall indemnify and hold harmless Anderson Admissions Academy and its partners, contractors, and agents from any claims, damages, losses, liabilities, costs, and fees (including reasonable attorneys’ fees) arising from your use of the course(s) as well as from your failure to comply with any term of this Agreement.
Termination
This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time. Your rights under this Agreement will terminate automatically without notice from Anderson Admissions Academy if you fail to comply with any term of this Agreement. Upon termination, the Agreement granted hereunder shall terminate and you shall immediately destroy and remove from all computers all copies of the course(s), and discontinue all use of the Service, but the terms of this Agreement will otherwise remain in effect.
Export Law Assurances
In connection with the course(s), you agree to comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you agree not to export, or allow the export or re-export of the course(s) in violation of any such restrictions, laws, or regulations. By using the course(s), you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict of laws provisions thereof. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Montgomery, Alabama; you and Anderson Admissions Academy each hereby consent to the jurisdiction of such courts in connection with any such action. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between you and Anderson Admissions Academy with respect your use of the Anderson Admissions Academy course(s) and supersedes all prior or contemporaneous understandings regarding such subject matter. Except as set forth above, no amendment to or modification to this Agreement will be binding unless in writing and signed by Anderson Admissions Academy and you. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. Anderson Admissions Academy expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. Anderson Admissions Academy's contractors and agents are intended third party beneficiaries under this Agreement.
Government End Users
The Anderson Admissions Academy course(s) and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer course(s)" and "Commercial Computer course(s) Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer course(s) and Commercial Computer course(s) Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.