ASSESSMENT TECHNOLOGIES INSTITUTE, LLC

User Terms and Conditions

THE 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 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”). YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH ATI AND BEFORE YOU ACCESS 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.

YOUR ATI PRODUCTS ACCOUNT

Prior to creating an account with ATI (“Account”) for your use of ATI Products, 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 ATI 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 or institution consistent with their policies. You understand and agree that ATI will report any suspected fraud or testing misconduct to your school or institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student and school records and the integrity of the ATI Products product. You agree to use ATI Products and ATI 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.

INTELLECTUAL PROPERTY

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, National Healthcareer Association, NHA, ATI, ATI Allied Health, and other Assessment Technologies Institute, LLC trademarks, service marks, graphics, and logos used in connection with ATI Products and ATI 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 ATI 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.

LICENSE TERMS

ATI Products are licensed to the school or 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 ATI Services. If ATI reasonably suspects that you have violated this Agreement, or if fees due and payable to ATI by you or you school or 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 ATI Services. Upon termination of your school’s or institutions ATI Products license, or your individual license if you have directly paid ATI, you shall cease all use of ATI Products and ATI 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:

Your Learning Data: You understand and agree that, in the course of your use of ATI Products, you (and your school or institution, if your use of ATI Products is affiliated with a school or institution) will submit personal and identifiable data regarding you and your individual use of ATI Products, 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 (“Your Learning Data”).

You understand and agree that ATI, through ATI Products, 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, the school or institution with whom your ATI Products use is affiliated and your instructor(s) from said school or 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 school or institution on ATI Products, and (v) generate reports and analytics for use by you, your school or 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 school or 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 ATI Products Data: You also understand and agree that, through ATI Products and the use of other third party software, ATI may collect diagnostic, technical, and general ATI Products usage information that is gathered, de-identified, and made anonymous, to (i) facilitate ATI’s product support and software development, and improve ATI Products and content efficacy, (ii) verify compliance with license terms, (iii) monitor, record and report information about ATI Products user activity and engagement with the ATI Products sites and modules, (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 ATI Products Data”).

Aggregate Data: Your Learning Data and General ATI Products 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 Data”).

Third Parties: You understand and agree that ATI may share various types of aggregated and anonymous, de-identified data described above with third parties, provided however, in no event will ATI share any personally identifiable information about you with any third party (other than the school or institution with whom your ATI Products use is affiliated, and ATI contractors for whom ATI remains fully responsible) without your express consent to such disclosure.

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 Learning Data, General ATI Products Data, and Aggregate Data, as described herein.

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.

GOVERNMENT USE

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 DISCLAIMS 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 DOES 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 TAKES PRECAUTIONS TO PROTECT ATI PRODUCTS AND ATI SERVICES, BUT MAKES 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 DISCLAIMS 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.

INDEMNIFICATION

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.

MISCELLANEOUS

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 WEBSITE PRIVACY POLICY AND TERMS OF USE

Your use of ATI Products and ATI Services are subject to ATI’s website Privacy Policy at https://www.atitesting.com/PrivacyPolicy.aspx and ATI’s Website Terms of Use at https://www.atitesting.com/TermsOfUse.aspx. In the event of any conflict between the terms in ATI’s website Privacy Policy or Terms of Use and these ATI Terms and Conditions, these ATI Terms and Conditions shall apply with respect to your use of ATI Products and ATI Services.

ATI VIDEO CASE STUDIES


TERMS OF USE

Welcome. These ATI Video Case Studies Terms of Use (“Terms of Use”) govern your use of ATI Video Case Studies (“Service” or “Video Services”) provided by Assessment Technologies Institute, LLC (“ATI”) that are delivered through access to one or more web sites (“Sites”) operated by ATI, including this Site. These Terms of Use are a binding agreement between you and ATI. You must review and agree to these Terms of Use before accessing the Services.  To agree to these Terms of Use, click “I Agree”, below, after you have read and understand these Terms of Use.  If you do not agree to these Terms of Use, do not click “I Agree.” If you do not click “I Agree”, you will not be able to use, and should not access, the Video Services.  If you are faculty or administration from an institution using ATI’s Video Case Studies, by clicking “I Agree” you are accepting and agreeing to these Terms of Use on behalf of your institution and indicating your authorization to do so.

ATI’s Terms and Conditions
All of ATI’s Terms and Conditions, which govern your use of all ATI products and services, equally apply to your use of the Video Services and are incorporated by reference into these Terms of Use. To review ATI’s current Terms and Conditions, please access the following link:  https://atitesting.com/terms-conditions.aspx.

User Content

The Service may involve the submission and posting of text, photos, video, and other content and materials submitted or posted by you and other users (“User Content”). You will be solely responsible for all User Content you post and grant ATI, and anyone authorized by ATI, a nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content on or in connection with the Service.  You represent and warrant that you have the right to post such User Content to the Site and to grant the foregoing rights and that the User Content does not violate these Terms of Use and will not infringe or violate any rights of, or cause injury to, any person or entity.  You agree that you will not (i) submit User Content or other materials that infringe or otherwise violate any third party rights, including any copyrights, trademarks, trade secrets or other proprietary rights or any privacy or publicity rights; (ii) post or transmit material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, inappropriate, harassing, hateful, abusive, inflammatory, racially or ethnically offensive, fraudulent, false,  misleading or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.  ATI or its agents may, at any time, remove any User Content that in the sole judgment of ATI violates these Terms of Use.

User Conduct

You further agree that you are solely responsible for your conduct while using the Services and that ATI is not responsible or liable for any user conduct.  You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use or in any manner that could damage, disable, overburden or impair it or interfere with any other party’s use of the Service or which may expose ATI or any third party to any harm or liability of any type. You may not send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes or harvest or otherwise collect information about users, including email addresses, without their consent. You may not attempt to gain unauthorized access to the Service and you agree not to circumvent or attempt to circumvent any filtering, security measures or other features ATI may from time to time adopt to protect the Service, its users or third parties.  You may not stalk, intimidate, threaten or otherwise harass or cause discomfort to other users.  Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ATI may have at law or in equity.

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.

User Postings

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
You understand that when accessing ATI’s Sites or using the Video Services you will be exposed to User Postings and User Content from a variety of sources. You further understand and acknowledge that you may be exposed to User Postings and User Content that are objectionable. ATI does not endorse and does not warrant the accuracy, completeness or usefulness of any User Postings or User Content or any opinion, recommendation or advice expressed therein, and ATI and its suppliers, partners and licensors each expressly disclaim any and all liability in connection with User Postings and User Content. Any reliance you place on such information is strictly at your own risk. If notified that a User Posting or User Content allegedly does not conform to these Terms of Use or applicable policy, ATI may investigate the allegation and determine in its sole discretion whether to remove the User Posting or User Content, which it reserves the right to do at any time and without notice.

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:

  1. 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;
  2. post, upload or distribute any defamatory, libelous or inaccurate User Posting;
  3.         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;
  4.  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;
  5. delete the copyright or other proprietary rights on ATI’s Sites;
  6. make unsolicited offers, advertisements, proposals or send junk mail or spam to other users;
  7. 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;
  8. 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;
  9. remove, circumvent, disable, damage or otherwise interfere with security-related features on ATI’s Sites;
  10. 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;
  11. 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;
  12. 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
  13. 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

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You agree to indemnify and hold ATI its affiliated companies and its suppliers, licensors and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, your User Content, User Postings, your conduct, your violation of these Terms of User, your violation of the rights of any other person or entity or any breach of the foregoing representations, warranties and covenants.

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

You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading or otherwise submitting your User Postings, you affirm, represent and warrant that: (i) you are the creator and owner of your User Postings and have the necessary licenses, rights, consents and permissions to use and to authorize ATI to use and distribute your User Postings pursuant to the licenses granted by you in these Terms of Use; (ii) your User Postings do not and will not: (a) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (b) slander, defame, libel or invade the right of privacy, publicity or other property rights of any other persons; or (c) contain any viruses, adware, spyware, worms or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability.

Privacy and Copyright Protection

ATI’s Privacy Policy at https://atitesting.com/PrivacyPolicy.aspx describes how we treat your personal data and protect your privacy when you use access our Sites or our Services. ATI’s Privacy Policy is incorporated into these Terms by reference. By using our Services, you are agreeing to the terms of ATI’s Privacy Policy.  ATI respects the intellectual property of others, and we ask you to do the same. If you believe any User Postings or other materials found on our Sites constitute a copyright infringement as defined by the Digital Millennium Copyright Act, please contact us at https://atitesting.com/About/CanWeHelpYou.aspx.

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.

Indemnification

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.

Ownership

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.

Legal Disclaimer

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 Terms of Use

ATI may modify these Terms of Use from time to time. You should visit this page and look at the Terms of Use regularly. Such modifications will become effective immediately. Your continued use of our Services after the posting of any such modifications constitutes your binding acceptance of such changes. If you do not agree to the modified Terms of Use, you should discontinue your use of the ATI Video Service. These Terms of Use control the relationship between ATI and you regarding your use of ATI’s Video Services. The agreements you are making in these Terms of Use are intended to benefit the Company, its suppliers, partners, licensors, its affiliates and any other person with whom ATI is working to provide you access to the Sites or use of the ATI Video Services. These Terms of Use, ATI’s Terms and Conditions and ATI’s Privacy Policy constitute the entire agreement between you and ATI relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms of Use or ATI’s Privacy Policy made by ATI.

 

Last updated July 2016