WEBSITE USER TERMS AND CONDITIONS
THE WEBSITE USER TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND ASSESSMENT TECHNOLOGIES INSTITUTE, LLC ("ATI), AND GOVERN YOUR USE OF ANY ATI PRODUCTS AND SERVICES AND RELATED MATERIALS, WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE, INCLUDING, BUT NOT LIMITED TO, ATI CURRICULUM, BOOKS AND EBOOKS, COURSE CONTENT, INSTRUCTIONAL AND TEST PREPARATORY MATERIALS, SURVEYS AND QUESTIONNAIRES, VIDEOS, TUTORIALS, TESTING AND ASSESSMENT MATERIALS, AND RELATED ATI RESOURCES (COLLECTIVELY REFERRED TO HEREIN AS "ATI PRODUCTS") MADE AVAILABLE TO YOU BY ATI, INCLUDING BUT NOT LIMITED TO, THROUGH ATI’S ONLINE HOSTED PLATFORM AND RELATED CUSTOMER SERVICES ("ATI SERVICES") (TOGETHER, “ATI PRODUCTS AND SERVICES”). YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH ATI AND BEFORE YOU ACCESS ANY ATI PRODUCTS. TO AGREE TO THESE TERMS, CLICK "I AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE." IF YOU DO NOT CLICK "I AGREE", YOU WILL NOT BE ABLE TO REGISTER FOR ATI PRODUCTS USE AND YOU SHOULD NOT ACCESS ATI PRODUCTS.
ATI is a U.S.-based business, operating in and from the United States.
YOUR ATI PRODUCTS ACCOUNT
Prior to creating an account with ATI ("Account") for your use of ATI Products and Services, you will be required to provide certain information, establish a user name and password, and may be provided with access codes and product codes by ATI. When establishing your Account, You agree to provide complete and accurate information to ATI and to permit ATI to store and use your registration data for use in maintaining your Account. You agree to notify ATI of any changes in your personal or registration information. You agree to protect your username and password, as well as any access codes and product codes provided by ATI, and not share them with others or permit any unauthorized use of ATI Products or Services. If you have reason to believe that someone is using your account without your permission, you should contact ATI immediately. ATI will not be responsible to you or any third party for any loss or damage resulting from your failure to notify ATI of unauthorized use or from your allowing others to use and/or not adequately protecting your password, access codes or your Account with ATI. By establishing an Account, you certify and represent that any exam, test, assessment, or other interactive tool offered through ATI Products will be completed and utilized only by you and you will not permit any other person to falsely answer exam, test, and assessment questions under your name. You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of ATI Products may result in invalidation of your scores and records stored on ATI Products, immediate suspension or termination of your access to ATI Products, and disciplinary action by your school, employer, or institution (referred to herein as “your Institution”) consistent with their policies. You understand and agree that ATI will report any suspected fraud or testing misconduct to your Institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student, employer, and school records and the integrity of the ATI Products. You agree to use ATI Products and Services only as permitted under this Agreement. You agree that, except for data stored on ATI Products which comprises your student record to which you are entitled access under applicable law, you will not disclose any portion of ATI Products to any other person or entity, as ATI Products contains the confidential and proprietary material of ATI and doing so would result in serious financial harm to ATI, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use ATI Products and ATI Services
You understand and agree that ATI Products and ATI Services constitute intellectual property and proprietary material that is owned by ATI or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by ATI and its licensors. Assessment Technologies Institute, LLC and other Assessment Technologies Institute, LLC trademarks, service marks, graphics, and logos used in connection with ATI Products and Services are trademarks or registered trademarks of Assessment Technologies Institute, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with ATI Products and Services may be the trademarks of their respective owners. ATI and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
ATI Products are licensed to your Institution with whom your ATI Products use is affiliated, subject to the terms of this Agreement and timely payment of any fees due and payable to ATI. If you have independently paid for the use of ATI Products and ATI Services, the aforementioned license is granted to you. Your permission to use ATI Products is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each ATI Products module you access, including any updates or enhancements thereto. Certain ATI Products may also require your acceptance of other terms specific to, and appearing in, said ATI Products. You are not authorized to assign or transfer this permission to use ATI Products or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, ATI grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the ATI Products or ATI Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the ATI Products or ATI Services). You agree to use ATI Products and ATI Services only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use ATI Products and Services. If ATI reasonably suspects that you have violated this Agreement, or if fees due and payable to ATI by you or your Institution have not been paid then, without notice to you, ATI may terminate this Agreement, the license, and your account and deny you further access to ATI Products and Services. Upon termination of your Institution’s ATI Products license, or your individual license if you have directly paid ATI, you shall cease all use of ATI Products and Services and remain liable for paying all amounts that may be due and payable by you to ATI, if any. ATI reserves the right to modify, suspend, remove, or disable access to ATI Products or ATI Services at any time without notice and in no event will ATI be liable for making any such changes.
USE OF DATA
Before establishing an Account with ATI Products, you are required to agree to the following terms around use of certain data, as described below:
Types of Data
Your Contact Data: You understand and agree that ATI will collect and may use personally identifiable information including, but not limited to, the following: name, address, phone number, fax number, email address, employer, title, user ID and password, and IP address. We use this information to provide the highest quality of service to you and your Institution, and so that we can verify your identity, contact you, provide materials to you upon your request, register you, send relevant messages via e-mail, phone or post, or for any other purpose identified in this policy or when personal information is collected. ATI may contact you via email, text or phone in order to notify you of important timely information or upcoming deadlines. ATI or a third party engaged by ATI also may contact you via surveys, sweepstakes offers or other data collection techniques to conduct research about your opinion of current ATI Products and Services, of potential new services that may be offered or topics of interest in your field. We may ask you to provide demographic information at your option; such information is generally used in aggregate form for various analyses conducted by ATI regarding our Products and Services.
Your Learning Data: You understand and agree that, in the course of your use of ATI Products and Services, you (and your Institution, if your use of ATI Products is affiliated with a school, employer or institution) will submit personal and identifiable data regarding you and the ATI Products and Services will generate data about your individual use of ATI Products and Services, which may include, but not be limited to, your academic performance and student record, test results, your individual grades and scores, accomplishment dates (such as graduation), instructor feedback and comment, your personal learning behaviors including behaviors around use of ATI Products, licensure, and various metrics related to your learning of particular subject matters made available through ATI Products and Services ("Your Learning Data").
You understand and agree that ATI, through ATI Products and Services, will collect, maintain, process, have access to, and use Your Learning Data (identifiable data about you, as defined above) to
(i) confirm your identity to ensure only authorized users are accessing ATI Products and for purposes of ATI Products security,
(ii) analyze and provide certain information about your learning, engagement with and use of ATI Product and Services, and academic performance to you, your Institution with whom your ATI Products use is affiliated and your instructor(s) from said Institution, as well as adaptive and personalized learning,
(iii) analyze, separately or with data that ATI receives from third parties, for purposes of ATI’s internal data analysis and research and for developing and enhancing ATI Products and Services,
(iv) provide technical support to you and your Institution on ATI Products, and
(v) generate reports and analytics for use by you, your Institution and your instructor(s) regarding your learning and academic performance and/or the learning and academic performance of an entire class or classes at your school or institution.
You understand and agree that, unless your Institution and ATI have agreed otherwise, ATI, through ATI Products, reserves the right to remove Your Learning Data from ATI Products records six months after you graduate from or otherwise end your matriculation with the school or institution affiliated with your ATI Products use, provided that ATI reserves the right to continued use of all General ATI Products Data and Aggregate Data, as defined below, without specific, identifiable reference to you or Your Learning Data.
General Usage Data: You also understand and agree that, through ATI Products and Services and the use of other third party software, ATI may collect diagnostic, technical, and general ATI Products and Services usage information, such as cookies, content viewed, IP address, device use, site volume and load, that is gathered to (i) facilitate ATI’s Product support and software development, and improve ATI Products and Services, (ii) verify compliance with license terms, (iii) monitor, record and report information about ATI Products user activity and engagement with the ATI Products, Services sites, modules and social media pages, (iv) collect information around device use, ATI Products site volume and load, and user results in connection with certain ATI Products features or material ("General Usage Data").
Aggregate Analytic Data: Your Learning Data and General Usage Data may also be used in the aggregate, anonymous, and de-identified by ATI for analysis related to benchmarking, research and analytics, employment matters, graduate level programs and continuing education, ATI’s Product development and improvement, general metrics about your school’s or institution’s performance as compared to other schools and institutions and other ATI customers, as well as for anonymized metrics and analysis relative to students’ school and licensure exam performance. ("Aggregate Analytic Data").
Information You Provide or Post: Except for information which ATI expressly agrees in a separate contract with you to treat as proprietary and confidential, any communication, material or information that you transmit or post to any ATI website, social media page or product (“ATI Property”) will be deemed non-confidential. By posting any information or material on an ATI Property, you represent that you own all proprietary rights over such information or material and grant ATI a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use. You represent that you will not post anything on a ATI Property that is libelous, defamatory, unlawful, threatening, obscene, or pornographic. ATI reserves the right, at its sole discretion, to edit or remove, without notice, any unlawful or offensive information posted on NHA Properties. NOTWITHSTANDING THE FOREGOING, ATI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL OR INFORMATION COMMUNICATED OR POSTED BY YOU OR OTHER THIRD PARTIES ON ANY ATI PROPERTY. ATI welcomes your suggestions and input on how we might improve the ATI Properties, services and products. By providing any such suggestions, ideas, know-how, and input to ATI, you agree that ATI, including its parent and affiliated companies, has a royalty free, perpetual, worldwide, irrevocable right to use, publish, create, display, market, distribute, copy, and sell the same, in any form, medium, or technology, whether now known or developed in the future.
Sharing of Your Data. ATI will not sell, rent, trade or lease your personally identifiable information (“Your Personal Information”) to others unless we have requested to do so and have received your permission. (Aggregated information, by definition, is not identifiable and thus is not included in the definition of Your Personal Information.) Notwithstanding the foregoing, ATI reserves the right, and you hereby grant ATI the right, to disclose Your Personal Information to others under the following circumstances: (i) we may share Your Personal Information with any ATI affiliate (or business partner or agent acting on our behalf) worldwide as necessary to provide you with the ATI Products and Services, and such affiliates, business partners, and agents will be under the same obligations as is ATI to protect the confidentiality of your information and protect your privacy; (ii) if your use of ATI Products and Services is affiliated with your Institution, we may share your information with your Institution, its instructors and staff, and other parties associated with or required by your Institution; (iii) we may be required to share Your Personal Information by law with regulatory, industry self-regulatory organizations or other government agencies, or under a court order; (iv) we may transfer your data in connection with an organizational change, such as a merger or acquisition by another company or the sale of ATI’s assets; or (v) if ATI, in its sole discretion, determines disclosure is necessary to protect the rights, property, or security of ATI, the ATI Products and Services, ATI Property, or other users’ rights or the personal safety of individuals, then we also may share Your Personal Information. If you have opted in to receive communications from ATI or its affiliates and partners regarding surveys, sweepstakes, discounts and other offers, market research, relevant product updates and post-graduate information, such as continuing education, practice updates and opportunities, we may share you contact information with vendors who support ATI in these efforts.
Data Transmission: If you are located outside of the United States, you consent to the transmission and transfer of your personal information into the United States, to be processed, stored and maintained on or through ATI servers located in the United States.
By clicking the "I Agree" button below, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to ATI’s and its affiliates’ collection, use, maintenance, reporting, transmission, and processing of Your Contact Data, Your Learning Data, General Usage Data, and Aggregate Analytic Data, as described herein.
We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of ATI Products and ATI Services. You will not use ATI Products and ATI Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export all or any portion of ATI Products except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. ATI Products may not be exported into any U.S. embargoed countries or provided to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
ATI Products and ATI Services were developed using private funds and are "Commercial Items" as defined in 48 CFR §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
USE OF LINKS
ATI may include material from third parties or include links to third party websites in ATI Products. Such material is provided as a convenience to you and ATI assumes no liability or responsibility for such third party materials or websites.
DISCLAIMER OF WARRANTIES
ATI PRODUCTS AND ATI SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO ATI PRODUCTS AND ATI SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY EMPLOYEE OR REPRESENTATIVE OF ATI OR OF ITS SUPPLIERS, LICENSORS AND PARTNERS SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, ATI PRODUCTS AND ATI SERVICES IS AT YOUR SOLE RISK. ATI AND ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN ATI PRODUCTS. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS TAKE PRECAUTIONS TO PROTECT ATI PRODUCTS AND ATI SERVICES, BUT MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF ATI PRODUCTS OR ATI SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
ATI Products are designed to provide accurate and authoritative information and recommendations in regard to the subject matter covered and ATI uses reasonable efforts to provide accurate information. Notwithstanding the foregoing, ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUMES NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN ATI PRODUCTS, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF ATI PRODUCTS. ATI Products may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is solely your responsibility, and not the responsibility of ATI, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contraindications, and determining the appropriate usage for a product. This is especially important in the case of drugs that are new or seldom used. ATI Products were developed based on generally accepted education and nursing principles and standards in the United States, and have not been customized or otherwise specifically designed for use in any other country. Any procedures and protocols noted in ATI Products are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. ATI Products are intended solely as a guide and for educational purposes and is not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients' physical conditions can vary widely from one set of circumstances to another. Nor is it intended that ATI Products shall in any way advise personnel concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Certain ATI Products content and material may include facts, views, opinions and recommendations of persons other than ATI, which are deemed by ATI to be of educational interest to ATI Products users. ATI and its licensors, suppliers, and partners make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content or material, nor do they make any endorsement in connection with use of such third party content or material. Similarly, statements and opinions in ATI Products are provided as guidelines only and should not be construed as official policy and ATI AND ITS LICENSORS, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS. ATI Products are provided to you with the understanding that ATI is not rendering to you any legal, accounting, or other professional service or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.
LIMITATION OF LIABILITY
IN NO EVENT WILL ASSESSMENT TECHNOLOGIES INSTITUTE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE ATI PRODUCTS AND ATI SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE LIABILITY OF ATI AND EACH OF THE AFORMENTIONED PERSONS AND ENTITITES SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall ATI’s and its suppliers’, partners’, and licensors’ total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accepting this Agreement and using ATI Products and ATI Services, you agree that you will indemnify and hold ATI, its directors, officers, employees, affiliates, agents, contractors, principals, suppliers, partners, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of ATI Products and ATI Services, or any action taken by ATI to protect its intellectual property, including, but not limited to, suspension or termination of your access to ATI Products and ATI Services.
ATI reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of ATI Products and ATI Services, provided however, ATI will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.
This Agreement is governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No ATI employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.
If you are in Canada, ATI and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: ATI et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.)
This Agreement is the entire and exclusive agreement between ATI and you regarding your use of ATI Products and ATI Services and replaces any prior agreements between you and ATI regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. ATI’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. ATI is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of ATI’s control.
ATI reserves the right to take steps ATI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ATI has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ATI believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ATI's right to cooperate with any legal process relating to your use of ATI Products and/or ATI Services, and/or a third-party claim that your use of ATI Products and/or ATI Services is unlawful and/or infringes such third party's rights).
ATI’s Terms and Conditions
Third Party Content
Neither ATI, nor any of ATI’s suppliers, partners, licensors, or service providers endorse, control, make any representations or warranties regarding, or have any responsibility or liability to you for any third party content, User Content (including all content posted by other users) that is available through this Service.
Disclaimers; No Warranties
THE SERVICE AND ANY MEDIA, SOFTWARE, SERVICES, CONTENT OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE SERVICE OR THE FEATURES CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR ITS CONTENTS WILL BE ACCURATE, COMPLETE, RELIABLE OR CURRENT, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS TAKE PRECAUTIONS TO PROTECT THE SERVICE, BUT MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSINO OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB OR THER SUCH COMPUTER PROGRAM. ATI AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, COMPPLETENESS OF INFORMATION, RECOMMENDATIONS, OUTCOMES, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN STATEMENT BY ANY EMPLOYEE OR REPRESENTATIVE OF ATI OR OF ITS SUPPLIERS, LICENSORS AND PARTNERS SHALL CREATE ANY WARRANT OR MODIFY THIS SECTION. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICES MAY INCLUDE FACTS, VIEWS, OPINIONS AND RECOMMENDATIONS OF PERSONS OTHER THAN ATI, WHICH ARE DEEMED BY ATI TO BE OF EDUCATIONAL INTEREST TO USERS OF THE SERVICE. ATI AND ITS LICENSORS, SUPPLIERS, AND PARTNERS MAKE NO GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF SUCH CONTENT OR MATERIAL, NOR DO THEY MAKE ANY ENDORSEMENT IN CONNECTION WITH USE OF SUCH THIRD PARTY CONTENT OR MATERIAL. SIMILARLY, STATEMENTS AND OPINIONS IN THE SERVICES ARE PROVIDED AS GUIDELINES ONLY AND SHOULD NOT BE CONSTRUED AS OFFICIAL POLICY AND ATI AND ITS LICENSORS, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS.
YOU (AND NOT ATI OR ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MEDIA, MATERIAL OR OTHER DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To facilitate teaching, learning and sharing, our Services enable users on our Sites to post performances, content, comments, feedback, questions, discussion, demonstrations, images, documents, recordings (whether audio, video or other media or formats) or other communications (collectively "User Postings").
User Postings Disclaimer
Do Not Misuse ATI’s Video Services
As a condition of your access to the Sites and use of ATI’s Video Services, you warrant to ATI that you will not:
access ATI’s Sites or use ATI’s Video Services for any purposes other than to post, disseminate or receive original or appropriately licensed content and/or to access ATI’s Video’s Services;
post, upload or distribute any defamatory, libelous or inaccurate User Posting;
post, upload or distribute any User Posting that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of other users without permission, forge another person's digital signature, misrepresent the source, identity or content of information transmitted via our Services, or perform any other similar fraudulent activity;
delete the copyright or other proprietary rights on ATI’s Sites;
make unsolicited offers, advertisements, proposals or send junk mail or spam to other users;
access our Sites or use ATI’s Video Services for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy;
defame, harass, abuse, threaten or defraud other users, or collect, or attempt to collect, personal information about other users or third parties without their consent;
remove, circumvent, disable, damage or otherwise interfere with security-related features on ATI’s Sites;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of our Sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon our Sites or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law;
sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of any User Postings or User Content except as expressly authorized by ATI; and
intentionally interfere with or damage operation of ATI’s Sites or Video Services or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code.
ATI has no obligation to monitor the Sites or the use thereof by our users, however ATI reserves the right to review your User Postings and to remove User Postings in its sole discretion. ATI reserves the right to terminate your access to the Sites and Services in whole or in part at any time without notice for any reason whatsoever.
Indemnification; Hold Harmless
Your Content on ATI’s Sites; License Granted to ATI
When you upload or otherwise submit User Postings to our Sites, you give ATI a perpetual worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services.
License Granted to Other Users
By submitting or distributing User Postings through our Sites, you grant to each user of our Sites and our Services a non-exclusive license to access your User Postings. This license continues even if you stop using our Services.
User Postings Representation and Warranties
Privacy and Copyright Protection
Modifying or Terminating ATI’s Video Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ATI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR THIRD-PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, THAT RESULT FROM YOUR USE OF OR THE INABILITY TO USE THE SERVICE, ITS CONTENT OR ANY INTERACTIONS WITH ATI, ITS USERS, ANY EMPLOYERS OR EDUCATIONAL INSTITUTIONS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTNT OR MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ATI, ITS SUPPLIERS OR LICENSORS, OR AN AUTHORIZED REPRESENTATIVE OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ATI’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’ OR THIRD-PARTY LICENSORS’, PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF THIRD-PARTY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN ATI AND RECEIVED BY YOU THROUGH THE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICE.
You agree to indemnify and hold ATI and its partners, licensors, suppliers, affiliates, officers, directors, agents and employees harmless from any claims, losses, damages, liabilities, including reasonable attorney's fees, arising from or related to (i) your use or misuse of our Services; (ii) your breach of these Terms and the documents it incorporates by reference; (iii) your violation of any law or the rights of any other person or entity or your breach of any of your representations, warranties or covenants made to ATI; or (iv) any action taken by ATI to protect its, or any of its partners’ or licensors’, intellectual property, including but not limited to, suspension or termination of your access to the Service.
Communication from ATI
In connection with your use of ATI’s Video Services, we may send you service announcements, administrative messages and other information. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Our Sites are owned and operated by ATI. Our Services, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software and all other elements of our Sites or the Services provided by ATI (the "Materials") are protected by United States copyright, trade dress, patent and trademark laws, international conventions and all other relevant intellectual property and proprietary rights and applicable laws. Except as expressly authorized in writing by ATI, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Materials. All trademarks, service marks and trade names are proprietary to ATI or its partners, licensors, or suppliers.
Our Sites and our Services are designed to provide practical educational experiences for learners. The Sites and Services should be used for educational purposes only. Users should not use or rely on any information they find as professional or other advice.
About these Website User Terms and Conditions
Last updated June 8, 2018