ACCEPTANCE OF TERMS
Welcome to Accelerating Success, LLC. Accelerating Success provides its services to you, subject to the following conditions. When using particular Accelerating Success services, you and Accelerating Success shall be subject to any posted guidelines or rules applicable to such services. Accelerating Success may update these conditions from time to time without notice.
DESCRIPTION OF SERVICE
Accelerating Success provides users with access to online services that allow you to interact with online modules and download offline content. Accelerating Success is an online service and requires an internet connection. Accelerating Success streams content from YouTube and other sources. District filters must allow this content for it to display. Accelerating Success is not responsible for any content that cannot be viewed because of internet filters. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new Accelerating Success services, shall be subject to the Terms of Service (TOS). You understand and agree that all services are provided "AS-IS" and that Accelerating Success assumes no responsibility for the timeliness, deletion, or mis-delivery.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Accelerating Success's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Accelerating Success has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Accelerating Success has the right to suspend or terminate your account and refuse any and all current or future use of Accelerating Success's services (or any portion thereof).
ACCOUNTS MAY NOT BE SHARED
You understand that Accelerating Success accounts may not be shared. An Accelerating Success account may be used only by the single individual whose name appears in the Registration Data. If Accelerating Success has reasonable grounds to suspect that an additional person has been accessing your account, Accelerating Success has the right to suspend or terminate your account and refuse any and all current or future use of Accelerating Success's services. By accepting this agreement you understand that each account has an access limit and that any attempts to share account will be subject to an investigation and possible termination.
What information is collected by Accelerating Success and how is that information used?
Upon online registration for an account, Accelerating Success will ask for information to identify your school or district, a username and password, and your email address provided by the school district. Only teachers can register for an online account and users can only sign up with a verifiable email address through a school. We use the email address to verify the account and to provide Accelerating Success updates.
Does Accelerating Success share information with any third parties?
MEMBER ACCOUNTS, PASSWORDS, AND SECURITY
When you use Accelerating Success, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. When you visit accelerating-success.com or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Accelerating Success, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via Accelerating Success's services. Accelerating Success does not control the Content posted via Accelerating Success's services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Accelerating Success be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via Accelerating Success's services.
You agree to not use Accelerating Success's services to:
upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way; impersonate any person or entity, including, but not limited to, an Accelerating Success official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Accelerating Success's services; upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party; upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose; upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt Accelerating Success's services or servers or networks connected to Accelerating Success's services, or disobey any requirements, procedures, policies, or regulations of networks connected to Accelerating Success's services;
intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law; "stalk" or otherwise harass another; or collect or store personal data about other users. You acknowledge that Accelerating Success may not pre-screen Content, but that Accelerating Success and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Accelerating Success's services. Without limiting the foregoing, Accelerating Success and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree
You acknowledge and agree that Accelerating Success may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of Accelerating Success, its users, and the public.
You understand that the technical processing and transmission of Accelerating Success's services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold Accelerating Success, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, or transmit through Accelerating Success's services, your use of Accelerating Success's services, your connection to Accelerating Success's services, your violation of the Terms of Service, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, or copy any portion of Accelerating Success's services, use of Accelerating Success's services, or access to Accelerating Success's services.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Accelerating Success may establish general practices and limits concerning use of Accelerating Success's services, including without limitation posted Content that will be retained by Accelerating Success's services, the maximum disk space that will be allotted on Accelerating Success's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Accelerating Success's services in a given period of time. You agree that Accelerating Success has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by Accelerating Success's services. You acknowledge that Accelerating Success reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Accelerating Success reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Accelerating Success reserves the right at any time to modify or discontinue, temporarily or permanently, Accelerating Success's services (or any part thereof), with or without notice. You agree that Accelerating Success shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Accelerating Success's services.
You agree that Accelerating Success, in its sole discretion, may terminate your password, username, account (or any part thereof) or use of Accelerating Success's services, and remove and discard any Content within Accelerating Success's services, for any reason, including, without limitation, for lack of use or if Accelerating Success believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Accelerating Success may also in its sole discretion and at any time discontinue providing Accelerating Success's services, or any part thereof, with or without notice. You agree that any termination of your access to Accelerating Success's services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Accelerating Success may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Accelerating Success's services. Further, you agree that Accelerating Success shall not be liable to you or any third party for any termination of your access to Accelerating Success's services.
ACCELERATING SUCCESS'S PROPRIETARY RIGHTS
You acknowledge and agree that Accelerating Success's services and any necessary software used in connection with Accelerating Success's services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through Accelerating Success's services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY ACCELERATING-SUCCESS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCELERATING-SUCCESS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
ACCELERATING SUCCESS MAKES NO WARRANTY THAT (i) ACCELERATING SUCCESS'S SERVICES WILL MEET YOUR REQUIREMENTS, (ii) ACCELERATING SUCCESS'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ACCELERATING SUCCESS'S SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH ACCELERATING SUCCESS'S SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCELERATING-SUCCESS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCELERATING-SUCCESS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ACCELERATING-SUCCESS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCELERATING SUCCESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ACCELERATING SUCCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ACCELERATING SUCCESS'S SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM ACCELERATING SUCCESS'S SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ACCELERATING SUCCESS'S SERVICES; OR (v) ANY OTHER MATTER RELATING TO ACCELERATING SUCCESS'S SERVICES.
· 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.
Notices to you may be made via either e-mail or regular mail. Accelerating Success's services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on Accelerating Success's services.
Accelerating Success, the Accelerating Success logo, and other Accelerating Success logos and product and service names are trademarks of Accelerating Success. Without Accelerating Success's prior permission, you agree not to display or use in any manner, the Accelerating Success Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
Accelerating Success respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Accelerating Success with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Accelerating Success's Copyright Department can be reached as follows:
By e-mail: email@example.com
The TOS constitute the entire agreement between you and Accelerating Success and govern your use of Accelerating Success's services, superseding any prior agreements between you and Accelerating Success. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and Accelerating Success shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Accelerating Success agree to submit to the personal and exclusive jurisdiction of the courts located within Dallas County, Texas. The failure of Accelerating Success to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Accelerating Success's services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Report any violations of the Terms of Service to firstname.lastname@example.org.