TERMS OF USE
Last updated
February 20, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are ABC Elearning
("Company,"
"we," "us," "our")
.
We operate
the mobile application (the
"App")
, as well as any other related products and services that
refer or link to these legal terms (the "Legal
Terms") (collectively, the "Services"
).
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (
"you"), and
ABC Elearning, concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO
NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Services from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason
. We will alert you about any changes by updating the "Last
updated" date of these Legal Terms, and you waive any
right to receive specific notice of each such change. It is your responsibility to periodically review
these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the
Services after the date such revised Legal Terms are posted.
The Services are
intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age of
18) must have the permission of, and be directly supervised by, their parent
or guardian to use the Services. If you are a minor, you must have your
parent or guardian read and agree to these Legal Terms prior to you using
the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for
your personal, non-commercial use
only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your
personal, non-commercial use.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request to: support@passemall.com
. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you must identify us as the
owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the "PROHIBITED
ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have when
you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
- confirm that you have read and agree with our
"PROHIBITED ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights
to any such Submission;
- warrant that any such Submission are
original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions; and
- warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for
your Submissions and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
By using the Services, you represent and warrant
that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply
with these Legal Terms;
(4) you are not under the age of 13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or unauthorized purpose;
and (8) your use of the Services will not violate any
applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Services (or any
portion thereof).
You may be
required to register to use the Services. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- iTunes
- Google Play
- PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to promptly
update account and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time. All payments
shall be in US dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment provider for
any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our
charging your payment method on a recurring basis without requiring your prior approval for
each recurring charge, until such time as you cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
6. FREE TRIAL
We
offer a 3-day free trial to new users who register with the Services.
The account will be charged according to the user's chosen subscription at
the end of the free trial.
7. CANCELLATION
All
purchases are non-refundable.
Your subscriptions may be managed by the user and auto-renewal may be turned off
in the user’s iTunes Account Settings, Google Play Settings. However, you are not allowed to cancel
the current subscription period during its active subscription period.
Your cancellation will take effect at the end of the
current paid term.
You may not access or use
the Services for any purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or
the Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass, abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking to
the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses
.
-
Use
the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
9. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on
the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Services and through third-party
websites. As such, any
Contributions you transmit may be treated in accordance with the
Services' Privacy Policy.
When you create or make available any Contributions, you
thereby represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner of or
have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services and these
Legal Terms.
- You have the written consent,
release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous
, slanderous, or otherwise objectionable (as
determined by us).
- Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to
harass or threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate
any applicable law, regulation, or rule.
- Your Contributions do not violate
the privacy or publicity rights of any third party.
- Your Contributions do not violate
any applicable law concerning child pornography, or otherwise intended to protect the health
or well-being of minors.
- Your Contributions do not include
any offensive comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of the
Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the Services.
You and Services agree that
we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or
other feedback regarding the Services, you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership
over your Contributions. You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
11.
GUIDELINES FOR REVIEWS
We may provide you areas on the
Services to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3)
your reviews should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any
false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content
relating to review.
12.
MOBILE APPLICATION LICENSE
Use License
If you access the Services via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and
use the App on wireless electronic devices owned or controlled by you, and to access and use the App on
such devices strictly in accordance with the terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users at the same time; (7)
use the App for creating a product, service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to any website or
to send any unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android
Devices
The following terms apply when
you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to
access the Services: (1) the license granted to you for our App is limited to a
non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of
any failure of the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent
and warrant that (i) you are not located in a country that is subject to a US government embargo, or
that has been designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable third-party
terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license
contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this mobile application license contained in
these Legal Terms against you as a third-party beneficiary thereof.
13. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or you
may be sent via the App)
links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content or items belonging to
or originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from
the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be
aware these Legal Terms no longer govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from the Services or relating to
any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold
us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with Third-Party Websites.
14. ADVERTISERS
We allow advertisers to display
their advertisements and other information in certain areas of the Services, such as sidebar advertisements
or banner advertisements. We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
15. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are excessive in size or are in any
way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Services.
16. PRIVACY
POLICY
We care about data privacy and security. Please review our Privacy Policy at
https://passemall.com/privacy. By using the ABC Elearning Website,
you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
17. TERM
AND TERMINATION
These Legal Terms shall remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services
will be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services
or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING
LAW
These Legal Terms and your use of
the Services are governed by and construed in accordance with the laws of
the State of California
applicable to agreements made and to be entirely performed within
the State of California
, without regard to its conflict of law
principles.
22.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth
in these Legal Terms; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
25. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
26. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any means other than electronic
means.
27. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us
by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
29. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
ABC Elearning
__________