Terms & Conditions

For use of Learning4Managers

Website Terms of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR (IDENTIFIED HEREIN AS “You” or the “Authorized User”) ACCESS TO AND USE OF THE ACCOLADE INSTITUTE, INC. WEB SITES (Including www.accoladeinstitute.com, www.learning4managers.com, and www.mytraining2go.com) AND ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE ACCOLADE INSTITUTE, INC. WEB SITES OR USED IN CONNECTION THEREWITH (collectively, the or “ACCOLADE INSTITUTE, INC. Web sites”) PROVIDED BY ACCOLADE INSTITUTE, INC. (IDENTIFIED HEREIN AS “We” or “ACCOLADE INSTITUTE, INC.”).  ACCOLADE INSTITUTE, INC. IS WILLING TO LICENSE THE USE OF THESE ACCOLADE INSTITUTE, INC. WEB SITES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED BELOW.

IF YOU DO NOT AGREE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE ACCOLADE INSTITUTE, INC. WEB SITES AND ARE INSTRUCTED TO EXIT IMMEDIATELY.  

These terms and conditions and your right to use the ACCOLADE INSTITUTE, INC. Web sites will take effect at the moment you click “I ACCEPT” or you install, access, or use the ACCOLADE INSTITUTE, INC. Web sites and are effective until terminated as set forth below.  These terms and conditions will terminate automatically if you click “I REJECT“.  In addition, ACCOLADE INSTITUTE, INC. reserves the right upon any reasonable belief of actions or omissions that violate any of these terms and conditions to terminate these terms and conditions.  You may also terminate these terms and conditions at any time by ceasing to use the ACCOLADE INSTITUTE, INC. Web sites, but all applicable provisions of these terms and conditions will survive termination, as identified below.  Upon termination, you must destroy all copies of any aspect of the ACCOLADE INSTITUTE, INC. Web sites in your possession.  The provisions concerning ACCOLADE INSTITUTE, INC.’s Copyright Notice & Proprietary Rights, feedback, Disclaimers & Limitations of Liability, Jurisdiction and Venue, and Miscellaneous will survive the termination of these terms and conditions for any reason.

Copyright Notice & Proprietary Rights

ACCOLADE INSTITUTE, INC. grants to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use for personal or internal business purposes only the ACCOLADE INSTITUTE, INC. Web sites conditioned on your continued compliance with these terms and conditions.  You may print materials from the ACCOLADE INSTITUTE, INC. Web sites solely for your personal or internal business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  Notwithstanding the foregoing, you may not modify, translate, de-compile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sub-license, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the ACCOLADE INSTITUTE, INC. Web sites.

ACCOLADE INSTITUTE, INC. welcomes your feedback and suggestions about ACCOLADE INSTITUTE, INC.’s products or services or with respect to how to improve the ACCOLADE INSTITUTE, INC. Web sites.  By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to ACCOLADE INSTITUTE, INC. through the ACCOLADE INSTITUTE, INC. Web sites, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party and that you have all rights necessary to convey to ACCOLADE INSTITUTE, INC. and enable ACCOLADE INSTITUTE, INC. to use such feedback.  In addition, any feedback received through the ACCOLADE INSTITUTE, INC. Web sites will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ACCOLADE INSTITUTE, INC. to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

© Copyright 2011-2013, Accolade Institute, Inc. All rights reserved.  ACCOLADE INSTITUTE, INC. also owns a copyright in the contents of the ACCOLADE INSTITUTE, INC. Web sites as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the ACCOLADE INSTITUTE, INC. web sites.  Each individual document printed from the ACCOLADE INSTITUTE, INC. web sites may contain other proprietary notices and copyright information applicable to that individual document.

ACCOLADE INSTITUTE, INC. transfers no ownership or intellectual property interest or title in and to the ACCOLADE INSTITUTE, INC. Web sites to you or anyone else.  All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, databases, directories, products, information, materials, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the ACCOLADE INSTITUTE, INC. web sites, including the content with respect to the domain (and all sub-domains) accoladeinstitute.com, learning4managers.com, mytraining2go.com, unless otherwise indicated, are owned, controlled, and licensed by ACCOLADE INSTITUTE, INC. or its licencors   ACCOLADE INSTITUTE, INC. reserves all rights not expressly granted herein.  ACCOLADE INSTITUTE, INC., the ACCOLADE INSTITUTE, INC. logo, and all other names, logos, and icons identifying ACCOLADE INSTITUTE, INC. and its programs, products, and services are proprietary trademarks of ACCOLADE INSTITUTE, INC., and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of ACCOLADE INSTITUTE, INC. is strictly prohibited.  Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

User Obligations

By downloading, accessing, or using the ACCOLADE INSTITUTE, INC. web sites in order to view our information, materials, and products or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the ACCOLADE INSTITUTE, INC. web sites, including, without limitation, when you provide information via a ACCOLADE INSTITUTE, INC. web sites registration or submission form.  With respect to any contributed content or materials that you may provide to or through the ACCOLADE INSTITUTE, INC. web sites (a “Contribution”), you acknowledge and agree that you are solely responsible for rights clearance and accuracy, and you hereby represent and warrant that you own all rights, title, and interest in the Contribution or have the full right, power and authority to grant the rights granted herein, free and clear of any claims or violations of any other agreement.  By submitting a Contribution to a Forum (as defined below) or other portion of the ACCOLADE INSTITUTE, INC. web sites or by otherwise using the ACCOLADE INSTITUTE, INC. web sites to transmit or display a Contribution, you automatically grant ACCOLADE INSTITUTE, INC. a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.  Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the ACCOLADE INSTITUTE, INC. web sites ACCOLADE INSTITUTE, INC. has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Contribution.  ACCOLADE INSTITUTE, INC. assumes no responsibility for the deletion of or failure to store any Contribution and recommends that you do not post, display, or transmit any confidential or sensitive information.  In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the ACCOLADE INSTITUTE, INC. Web sites.  You also acknowledge and agree that ACCOLADE INSTITUTE, INC. is not responsible for the security of any information transmitted to or from the ACCOLADE INSTITUTE, INC. Web sites.

ACCOLADE INSTITUTE, INC. Web sites Privacy Statement

You understand, acknowledge, and agree that the operation of certain areas of the ACCOLADE INSTITUTE, INC. web sites requires the submission, use, and dissemination of various personally identifiable information.  Accordingly, if you wish to access and use those areas of the ACCOLADE INSTITUTE, INC. web sites, you acknowledge and agree that your use of the ACCOLADE INSTITUTE, INC. web sites will constitute acceptance of ACCOLADE INSTITUTE, INC.’s personal identifying information collection and use practices.  Please see ACCOLADE INSTITUTE, INC.’s Privacy Policy for a summary of ACCOLADE INSTITUTE, INC.’s personal identifying information collection and use practices.

Interactive Forums

The ACCOLADE INSTITUTE, INC. web sites may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where you may be able to post or share information.  To the extent that the ACCOLADE INSTITUTE, INC. web sites contains such communication forums (collectively, “Forums”), you agree that by using the ACCOLADE INSTITUTE, INC. web sites you will not post or transmit any of the following materials on the ACCOLADE INSTITUTE, INC. web sites’ Forums:

  • anything that interferes with or disrupts the ACCOLADE INSTITUTE, INC. web sites or the operation thereof,
  • statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
  • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
  • statements or material that violates other contractual or fiduciary rights, duties, or agreements,
  • statements or material that is bigoted, hateful, or racially offensive,
  • statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
  • statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
  • statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
  • statements or material that harms minors,
  • statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of ACCOLADE INSTITUTE, INC.,
  • statements or material that misrepresents your affiliation with any entity and/or ACCOLADE INSTITUTE, INC.,
  • anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
  • chain letters or pyramid schemes,
  • statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
  • statements or material that are “off-topic” for a designated Forum, and
  • files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the ACCOLADE INSTITUTE, INC. web sites.

ACCOLADE INSTITUTE, INC. is not responsible for screening, policing, editing, or monitoring your or another user’s Contributions and encourages you to use reasonable discretion and caution in evaluating or reviewing any Contribution.  Moreover, and except as provided below with respect to ACCOLADE INSTITUTE, INC.’s right and ability to delete or remove a Contribution (or any part thereof), ACCOLADE INSTITUTE, INC. does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user.  Nevertheless, ACCOLADE INSTITUTE, INC. reserves the right to delete or take other action with respect to Contributions (or parts thereof) that ACCOLADE INSTITUTE, INC. believes in good faith violate these terms and/or are, or are potentially, unlawful or harmful to ACCOLADE INSTITUTE, INC. or its products, services, and goodwill.  Moreover, it is a policy of ACCOLADE INSTITUTE, INC. to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws.

DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT 
It is ACCOLADE INSTITUTE, INC.’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act.  Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating your right to access and use the ACCOLADE INSTITUTE, INC. web sites (or portal) or ACCOLADE INSTITUTE, INC. materials.  But, entities or persons submitting complaints also acknowledge that they may be liable for damages, including attorneys’ fees and costs, if they materially misrepresent that a work or activity is infringing rights.  If ACCOLADE INSTITUTE, INC. removes or disables content or terminates or suspends access to or use of the ACCOLADE INSTITUTE, INC. web sites (or portal) or ACCOLADE INSTITUTE, INC. materials, ACCOLADE INSTITUTE, INC. will make a good-faith attempt (as warranted) to contact the person who contributed the content so that they may make counter notification pursuant to applicable law(s).  It is ACCOLADE INSTITUTE, INC.’s policy to document all notices of alleged infringement upon which ACCOLADE INSTITUTE, INC. decides to take action.  As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice publicly available.  If you believe that one or more of your works have been copied or used by ACCOLADE INSTITUTE, INC. in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to ACCOLADE INSTITUTE, INC.’s designated agent as specified below along with the following information:

  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
  • A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
  • A description, in reasonable detail, of where the material that you claim is infringing is located on ACCOLADE INSTITUTE, INC.’s site or within a page, portal, or network within ACCOLADE INSTITUTE, INC.’s control;
  • 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; and
  • A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Designated Agent:  3700 W Kimberly Ave, Greenfield, WI 53221, Attn:  President & CEO (Phone) 1-800-958-9908)

Disclaimers & Limitations of Liability

You access the ACCOLADE INSTITUTE, INC. web sites on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the ACCOLADE INSTITUTE, INC. web sites.

ACCOLADE INSTITUTE, INC.´s products available for sale through the ACCOLADE INSTITUTE, INC. web sites are not guaranteed.  Except as expressly stated herein, ACCOLADE INSTITUTE, INC. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the ACCOLADE INSTITUTE, INC. sites, INCLUDING ANY warranties of merchantability or fitness for a particular purpose. In no event shall ACCOLADE INSTITUTE, INC., its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to the product(s) sold.

AS FOR THE ACCOLADE INSTITUTE, INC. WEB SITES, THE INFORMATION, SERVICES, TOOLS, CHAT AND THREADED DISCUSSION SYSTEMS, SOFTWARE, CONTENT, WEBINARS, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THE ACCOLADE INSTITUTE, INC. WEB SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.  ACCOLADE INSTITUTE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.

MOREOVER, IN NO EVENT SHALL ACCOLADE INSTITUTE, INC. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ACCOLADE INSTITUTE, INC. WEB SITES, WITH THE DELAY OR INABILITY TO USE THE ACCOLADE INSTITUTE, INC. WEB SITES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE ACCOLADE INSTITUTE, INC. WEB SITES.

Jurisdiction and Venue

You and ACCOLADE INSTITUTE, INC. each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the state of federal courts in the State of Wisconsin.  Any claim you might have against ACCOLADE INSTITUTE, INC. must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred.  In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these terms and conditions and that each party has the right to seek attorneys’ fees in any proceeding.  You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these terms and conditions and is hereby disclaimed.

ACCOLADE INSTITUTE, INC. reserves the right to view, monitor, and record activity on the ACCOLADE INSTITUTE, INC. web sites without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the ACCOLADE INSTITUTE, INC. web sites.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the ACCOLADE INSTITUTE, INC. web sites as well as to disclosures required by or under applicable law or related government agency actions.  ACCOLADE INSTITUTE, INC. will also comply with all court orders involving requests for such information.

MISCELLANEOUS

You acknowledge that any breach, threatened or actual, of these terms and conditions will cause irreparable injury to ACCOLADE INSTITUTE, INC., such injury would not be quantifiable in monetary damages, and ACCOLADE INSTITUTE, INC. would not have an adequate remedy at law.  You therefore agree that ACCOLADE INSTITUTE, INC. shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these terms and conditions.  Accordingly, you hereby waive any requirement that ACCOLADE INSTITUTE, INC. post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ACCOLADE INSTITUTE, INC. to enforce any provision of these terms and conditions.  The parties agree that these terms and conditions are for the benefit of the parties hereto as well as ACCOLADE INSTITUTE, INC.’s licensors.  Accordingly, these terms and conditions are personal to you, and you may not assign your rights or obligations to any other person or entity without ACCOLADE INSTITUTE, INC.’s prior written consent.  Failure by ACCOLADE INSTITUTE, INC. to insist on strict performance of any of the terms and conditions of these terms and conditions will not operate as a waiver by ACCOLADE INSTITUTE, INC. of that or any subsequent default or failure of performance.  If any provision (or part thereof) contained in these terms and conditions is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.  No joint venture, partnership, employment, or agency relationship exists between you and ACCOLADE INSTITUTE, INC. as result of these terms and conditions or your utilization of the ACCOLADE INSTITUTE, INC. web sites.  Headings herein are for convenience only.  These terms and conditions, along with the ACCOLADE INSTITUTE, INC.’s Privacy Policy and ACCOLADE INSTITUTE, INC.’s Terms for Sale & Subscription, represent the entire agreement between you and ACCOLADE INSTITUTE, INC. with respect to use of the ACCOLADE INSTITUTE, INC. web sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and ACCOLADE INSTITUTE, INC. with respect to the ACCOLADE INSTITUTE, INC. web sites. Unless otherwise agreed to by ACCOLADE INSTITUTE, INC., please note that ACCOLADE INSTITUTE, INC. reserves the right to change these terms and conditions and the manner under which the ACCOLADE INSTITUTE, INC. Web sites (and its functionality) is extended to you by providing you notice or a copy of such revised terms.  ACCOLADE INSTITUTE, INC. may also change or modify any aspect of the ACCOLADE INSTITUTE, INC. web sites.  Your continued use of the ACCOLADE INSTITUTE, INC. web sites will be conclusively deemed acceptance of any change to these terms and conditions or the ACCOLADE INSTITUTE, INC. web sites.

 

ACCOLADE INSTITUTE, INC. Website Privacy Statement

ACCOLADE INSTITUTE, INC. respects the privacy of its users and visitors to the ACCOLADE INSTITUTE, INC. web sites. Any and all information collected while on the ACCOLADE INSTITUTE, INC. web sites is used solely for the purposes as set forth in this privacy statement. ACCOLADE INSTITUTE, INC.’s web server automatically recognizes only the visitor’s domain name and IP address, and will only recognize additional information if that information has been provided to ACCOLADE INSTITUTE, INC. by the user or visitor. All personal information collected through the web sites is provided on a voluntary basis by ACCOLADE INSTITUTE, INC. web sites users and visitors through a visible means of data entry or collection.

Information about users collected through the site will be stored in the general ACCOLADE INSTITUTE, INC. database. ACCOLADE INSTITUTE, INC. may use email or postal addresses for notifying visitors and customers about upcoming online events, new additions to the ACCOLADE INSTITUTE, INC. web sites, or other products and services offered by ACCOLADE INSTITUTE, INC. If you provide your telephone or fax number on the web sites, ACCOLADE INSTITUTE, INC. may contact you via telephone or fax. Therefore, it is important that you provide us with your correct phone number to serve you more promptly. If you do not wish to receive further phone calls from ACCOLADE INSTITUTE, INC., please contact info@accoladeinstitute.com.

ACCOLADE INSTITUTE, INC. will use the aggregate data we collect to perform statistical analysis of the collective characteristics and behavior of our users and visitors, to measure overall customer demographics, and to analyze how and where to use our resources. We may also use the aggregate data collected to inform our advertisers and sponsors with an aggregate customer profile of who is visiting the web sites and the number of customers who have seen and “clicked” on their advertisements.

In our threaded discussions and webinars, we do collect all logins and dialogue. Dialogue in chat sessions may be archived for later retrieval by any ACCOLADE INSTITUTE, INC. web sites visitor. Personal information, personal references, and obvious grammatical errors will be removed from the chat transcripts before they are archived. Otherwise, ACCOLADE INSTITUTE, INC. does not edit any dialogue provided through chat or threaded discussion participation.

ACCOLADE INSTITUTE, INC., however, cannot control the acts of its users or visitors who use other interactive areas of the site. If personal information, such as name, email addresses, mailing addresses, and phone numbers, are provided through these modules, they may be used by other parties outside of ACCOLADE INSTITUTE, INC. for unsolicited e-mail or other contact.

If you feel that ACCOLADE INSTITUTE, INC. has violated this Privacy Statement in any way, please contact us at info@accoladeinstitute.com so that we may address the issue.

 

Terms of Sale & Subscription

PLEASE READ CAREFULLY THE FOLLOWING.

Typographical Product Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ACCOLADE INSTITUTE, INC. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, ACCOLADE INSTITUTE, INC. shall immediately issue a credit to your credit card account in the amount of the charge.

Product Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order for a product from the ACCOLADE INSTITUTE, INC. web sites, nor does it constitute confirmation of our offer to sell any product from the ACCOLADE INSTITUTE, INC. web sites.  ACCOLADE INSTITUTE, INC. reserves the right at any time after receipt of your order to accept or decline your order for a product for any reason.  ACCOLADE INSTITUTE, INC. reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.  All orders placed over $2000.00 USD must obtain pre-approval with an acceptable method of payment, as established by our finance department.  We may require additional verifications or information before accepting any order.

Sales Taxes

ACCOLADE INSTITUTE, INC. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Wisconsin. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Product Guarantee

ACCOLADE INSTITUTE, INC.’s products available for sale through the ACCOLADE INSTITUTE, INC. web sites are not guaranteed against defects. ACCOLADE INSTITUTE, INC. makes no representations or warranties either expressed or implied, of any kind with respect to products sold on the ACCOLADE INSTITUTE, INC. site, including any warranties of merchantability or fitness for a particular purpose. You agree that the sole and exclusive maximum liability to ACCOLADE INSTITUTE, INC. arising from any product sold on the ACCOLADE INSTITUTE, INC. sites shall be the price of the product ordered. In no event shall ACCOLADE INSTITUTE, INC., its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to product(s) sold.

Webcasts and Virtual Conferences

ACCOLADE INSTITUTE, INC. webcasts and webinars use a special piece of software that may use “Flash” and streaming video. Before purchasing, the user must be aware of functionality.

 

Audio

The audio for the live webcasts will be provided through your computer speakers. The option to dial in with your phone may be available for select events only. Using earphones or a headset is highly recommended.

Schedule Changes

Times are subject to change. If the details of the event change, (such as a time change) you will be notified via email.

Cancellation

ACCOLADE INSTITUTE, INC. does not permit cancellations of the webinars or online courses. All sales are final.

Single Use

Purchase is single use only. You may not share login information. Accounts found to be in abuse will be suspended without refund. An example of abuse is multiple computers accessing the webcast or webinar simultaneously from the same account. For organizational or multiple-user access, please contact info@accoladeinstitute.com  for multiple-user purchase options.

 

ACCOLADE INSTITUTE, INC. Portal Terms of Service

Effective as of January 1, 2013
Welcome to the www.AccoladeInstitute.com www.myTraining2go.com and www.Learning4Managers.com web sites provided by Accolade Institute, Inc.

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND ACCOLADE INSTITUTE, INC. (“We” or “ACCOLADE INSTITUTE, INC.”).  BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF THE ACCOLADE INSTITUTE, INC. PORTAL, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (“TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE ACCOLADE INSTITUTE, INC. WEB SITES AND ANY PAGES, PROGRAMS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE ACCOLADE INSTITUTE, INC. PORTAL OR USED IN CONNECTION THEREWITH (collectively, “ACCOLADE INSTITUTE, INC. PORTAL”).  ACCOLADE INSTITUTE, INC. IS WILLING TO LICENSE THE USE OF THIS ACCOLADE INSTITUTE, INC. PORTAL AND PROVIDE THE RELATED INFORMATION AND SERVICES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS.  IF YOU DO NOT AGREE WITH THIS TOS OR IF YOU HAVE NOT GAINED ACCESS TO THE ACCOLADE INSTITUTE, INC. PORTAL PURSUANT TO THE EXECUTION OF A PRICING & ORDER FORM WITH ACCOLADE INSTITUTE, INC., YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE ACCOLADE INSTITUTE, INC. PORTAL AND ARE INSTRUCTED TO EXIT THE ACCOLADE INSTITUTE, INC. PORTAL IMMEDIATELY.

TERMS AND CONDITIONS

LICENSE GRANT.  The ACCOLADE INSTITUTE, INC. Portal is provided by ACCOLADE INSTITUTE, INC., and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the ACCOLADE INSTITUTE, INC. Portal conditioned on your continued compliance with the terms and conditions of this TOS.  This TOS permits you to use and access for personal or business purposes only the ACCOLADE INSTITUTE, INC. Portal (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network (so long as such access occurs through the designated connection(s) or addresses specified on and pursuant to the Pricing & Order Form executed with ACCOLADE INSTITUTE, INC.).  You may also load information from the ACCOLADE INSTITUTE, INC. Portal into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the ACCOLADE INSTITUTE, INC. Portal solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  If you are using the ACCOLADE INSTITUTE, INC. Portal on behalf of a company or other form of entity, please note that such a company or entity will have a separate agreement with ACCOLADE INSTITUTE, INC. regarding access and usage privileges for the ACCOLADE INSTITUTE, INC. Portal, including, without limitation, a Pricing & Order Form with ACCOLADE INSTITUTE, INC. Nevertheless, your use of the ACCOLADE INSTITUTE, INC. Portal will be subject to the terms and conditions of this TOS.

RESTRICTIONS.  Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the ACCOLADE INSTITUTE, INC. Portal.  Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the ACCOLADE INSTITUTE, INC. Portal or in any way reproduce or circumvent the navigational structure or presentation of the ACCOLADE INSTITUTE, INC. Portal to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the ACCOLADE INSTITUTE, INC. Portal, (ii) attempt to gain unauthorized access to any portion or feature of the ACCOLADE INSTITUTE, INC. Portal, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the ACCOLADE INSTITUTE, INC. Portal or to any ACCOLADE INSTITUTE, INC. server or to any of the services offered on or through the ACCOLADE INSTITUTE, INC. Portal, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the ACCOLADE INSTITUTE, INC. Portal or any network connected to the ACCOLADE INSTITUTE, INC. Portal, nor breach the security or authentication measures on the ACCOLADE INSTITUTE, INC. Portal or any network connected to the ACCOLADE INSTITUTE, INC. Portal, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the ACCOLADE INSTITUTE, INC. Portal, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ACCOLADE INSTITUTE, INC. Portal or ACCOLADE INSTITUTE, INC.’s systems or networks or any systems or networks connected to the ACCOLADE INSTITUTE, INC. Portal, (vi) use any device, software, or routine to interfere with the proper working of the ACCOLADE INSTITUTE, INC. Portal or any transaction conducted on the ACCOLADE INSTITUTE, INC. Portal, or with any other person’s use of the ACCOLADE INSTITUTE, INC. Portal, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ACCOLADE INSTITUTE, INC. on or through the ACCOLADE INSTITUTE, INC. Portal, (viii) use the ACCOLADE INSTITUTE, INC. Portal or any Forum (as such term is described below) to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, or otherwise permit third parties to access and use the ACCOLADE INSTITUTE, INC. Portal (or any part thereof) without ACCOLADE INSTITUTE, INC. express, separate, and prior written permission, or (x) use the ACCOLADE INSTITUTE, INC. Portal in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ACCOLADE INSTITUTE, INC..  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY ACCOLADE INSTITUTE, INC. TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

USER OBLIGATIONS.  By downloading, accessing, or using the ACCOLADE INSTITUTE, INC. Portal in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the ACCOLADE INSTITUTE, INC. Portal, including, without limitation, when you provide information via a ACCOLADE INSTITUTE, INC. Portal registration or submission form.  If you provide any false, inaccurate, untrue, or incomplete information, ACCOLADE INSTITUTE, INC. reserves the right to terminate immediately your access to and use of the ACCOLADE INSTITUTE, INC. Portal.  In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the ACCOLADE INSTITUTE, INC. Portal.  This TOS is expressly made subject to any applicable export laws, orders, restrictions, or regulations.  You shall not export the ACCOLADE INSTITUTE, INC. Portal (or access thereto) without complying with such laws, orders, restrictions, or regulations.  You also acknowledge and agree that use of the Internet and access to the ACCOLADE INSTITUTE, INC. Portal is solely at your own risk.  While ACCOLADE INSTITUTE, INC. has endeavored to create a secure and reliable ACCOLADE INSTITUTE, INC. Portal, you should understand that the confidentiality of any communication or material transmitted to/from the ACCOLADE INSTITUTE, INC. Portal over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, ACCOLADE INSTITUTE, INC. is not responsible for the security of any information transmitted to or from the ACCOLADE INSTITUTE, INC. Portal.  You must make your own determination as to such issues.  Moreover, you also agree to assume all responsibility concerning your use of the ACCOLADE INSTITUTE, INC. Portal, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third party software and hardware necessary for implementation of the ACCOLADE INSTITUTE, INC. Port, and maintaining and backing up any data.  Any support, training, updates, upgrades, or maintenance of or for the ACCOLADE INSTITUTE, INC. Portal shall only be available through the sole discretion of ACCOLADE INSTITUTE, INC. or pursuant to the terms and conditions of a separate written agreement with ACCOLADE INSTITUTE, INC..

OTHER TERMS AND CONDITIONS.  Additional notices, terms, and conditions may apply to membership, purchases, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the ACCOLADE INSTITUTE, INC. Portal, and/or to other specific portions or features of the ACCOLADE INSTITUTE, INC. Portal, all of which are made a part of this TOS by this reference.  You agree to abide by such other notices, terms, and conditions.  If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the ACCOLADE INSTITUTE, INC. Portal, the latter terms shall control with respect to your use of that portion of the ACCOLADE INSTITUTE, INC. Portal.  ACCOLADE INSTITUTE, INC.’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.

DIRECTORY.  ACCOLADE INSTITUTE, INC. may make available through the ACCOLADE INSTITUTE, INC. Portal an on-line directory of ACCOLADE INSTITUTE, INC. member information (the “ACCOLADE INSTITUTE, INC. Directory”).  In addition to any other terms and conditions set forth in this TOS, you acknowledge and agree that the ACCOLADE INSTITUTE, INC. Directory shall be used only for personal purposes and that any information of the ACCOLADE INSTITUTE, INC. Directory shall not be further published, displayed, or made accessible.  Accordingly, unless ACCOLADE INSTITUTE, INC. has provided its prior written consent, you acknowledge and agree that the contents of the ACCOLADE INSTITUTE, INC. Directory may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this TOS.  You also acknowledge that a person or entity’s listing in the ACCOLADE INSTITUTE, INC. Directory represents only that such person or entity is registered with and an active member of ACCOLADE INSTITUTE, INC..  ACCOLADE INSTITUTE, INC. makes no further representations or warranties regarding any such person or entity (or the related information) listed in the ACCOLADE INSTITUTE, INC. Directory, and any information made available through the ACCOLADE INSTITUTE, INC. Directory is provided on an “AS-IS” and “AS-AVAILABLE” basis without warranty of any kind.

USER NAME HANDLING POLICY.  Registration as an Authorized User for access to certain areas of the ACCOLADE INSTITUTE, INC. Portal may require both a user name and a password.  Only one Authorized User can use one user name and password and, thus, one account.  By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the ACCOLADE INSTITUTE, INC. Portal and to your account.  Accordingly, by using the ACCOLADE INSTITUTE, INC. Portal, you agree to consider your user name and password as confidential information and to keep your user name and password confidential.  You also agree not to use another Authorized User’s user name and password.  You will immediately notify ACCOLADE INSTITUTE, INC. if you become aware of any loss or theft of your password or any unauthorized use of your user name and password.  ACCOLADE INSTITUTE, INC. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  ACCOLADE INSTITUTE, INC. reserves the right to delete or change a user name or password at any time and for any reason.

PRIVACY POLICY.  You understand, acknowledge, and agree that the operation of certain areas of the ACCOLADE INSTITUTE, INC. Portal requires the submission, use, and dissemination of various personal, identifying information.  Accordingly, if you wish to access and use those areas of the ACCOLADE INSTITUTE, INC. Portal, you acknowledge and agree that your use of the ACCOLADE INSTITUTE, INC. Portal will constitute acceptance of ACCOLADE INSTITUTE, INC.’s personal identifying information collection and use practices.  Please see ACCOLADE INSTITUTE, INC.’s Privacy Policy for a summary of ACCOLADE INSTITUTE, INC.’s personal identifying information collection and use practices.

POSTINGS.  This ACCOLADE INSTITUTE, INC. Portal may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and post information.  To the extent that the ACCOLADE INSTITUTE, INC. Portal contains such communication forums (collectively, “Forums”), you agree that by using the ACCOLADE INSTITUTE, INC. Portal you will not post or transmit any of the following materials on the ACCOLADE INSTITUTE, INC. Portal’s Forums:

  • anything that interferes with or disrupts the ACCOLADE INSTITUTE, INC. Portal or the operation thereof,
  • statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
  • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
  • statements or material that violates other contractual or fiduciary rights, duties, or agreements,
  • statements or material that is bigoted, hateful, or racially offensive,
  • statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
  • statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
  • statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
  • statements or material that harms minors,
  • statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of ACCOLADE INSTITUTE, INC.,
  • statements or material that misrepresents your affiliation with any entity and/or ACCOLADE INSTITUTE, INC.,
  • anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
  • chain letters or pyramid schemes,
  • statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
  • statements or material that are “off-topic” for a designated Forum, and
  • files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the ACCOLADE INSTITUTE, INC. Portal

As Forums are public, the Authorized User experience is enhanced if you follow the foregoing and following guidelines.  Please use netiquette.  Please do not post any content or information of a personal nature, such as video or audio of friends and family.  Please be succinct and stay on topic within a particular Forum.  Please remember to respect others and their opinions.  ACCOLADE INSTITUTE, INC. encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.

PERMISSION TO USE POSTINGS.  By submitting content or information of any type (a “Posting”) to a Forum or other portion of the ACCOLADE INSTITUTE, INC. Portal or by otherwise using the ACCOLADE INSTITUTE, INC. Portal to transmit or display a Posting, you automatically grant ACCOLADE INSTITUTE, INC. a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.  You represent that you have all necessary rights to make the Posting available to ACCOLADE INSTITUTE, INC. and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that ACCOLADE INSTITUTE, INC. has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed.  Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the ACCOLADE INSTITUTE, INC. Portal ACCOLADE INSTITUTE, INC. has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting.  Moreover, ACCOLADE INSTITUTE, INC. assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.

NO PRE-SCREENING OF POSTINGS.  ACCOLADE INSTITUTE, INC. is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting.  Moreover, and except as provided below with respect to ACCOLADE INSTITUTE, INC.’s right and ability to delete or remove a Posting (or any part thereof), ACCOLADE INSTITUTE, INC. does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User.  Nevertheless, ACCOLADE INSTITUTE, INC. reserves the right to delete or take other action with respect to Postings (or parts thereof) that ACCOLADE INSTITUTE, INC. believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to ACCOLADE INSTITUTE, INC. or its products, services, and goodwill.  If you violate this TOS, ACCOLADE INSTITUTE, INC. may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the ACCOLADE INSTITUTE, INC. Portal.  Moreover, it is a policy of ACCOLADE INSTITUTE, INC. to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws.  If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact ACCOLADE INSTITUTE, INC. as provided below.

PROPRIETARY RIGHTS.  This TOS provides only a limited license to access and use the ACCOLADE INSTITUTE, INC. Portal.  Accordingly, you expressly acknowledge and agree that ACCOLADE INSTITUTE, INC. transfers no ownership or intellectual property interest or title in and to the ACCOLADE INSTITUTE, INC. Portal to you or anyone else.  All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the ACCOLADE INSTITUTE, INC. Portal, unless otherwise indicated, are owned, controlled, and licensed by ACCOLADE INSTITUTE, INC. and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, ACCOLADE INSTITUTE, INC. does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.  Accordingly, your unauthorized use of the ACCOLADE INSTITUTE, INC. Portal may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  Please be aware that ACCOLADE INSTITUTE, INC. does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of ACCOLADE INSTITUTE, INC.’s trademarks.  This ACCOLADE INSTITUTE, INC. Portal is Copyright © 20009 The American Society for Training & Development and/or its licensors.  All rights reserved.  ACCOLADE INSTITUTE, INC. also owns a copyright in the contents of the ACCOLADE INSTITUTE, INC. Portal as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the ACCOLADE INSTITUTE, INC. Portal.  Any downloadable or printable programs, directories, databases, information, or materials available through the ACCOLADE INSTITUTE, INC. Portal and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by ACCOLADE INSTITUTE, INC..  AMERICAN SOCIETY FOR TRAINING & DEVELOPMENT, ACCOLADE INSTITUTE, INC., the ACCOLADE INSTITUTE, INC. logo, and all other names, logos, and icons identifying ACCOLADE INSTITUTE, INC. and its programs, products, and services are proprietary trademarks of ACCOLADE INSTITUTE, INC., and any use of such marks, including, without limitation, as domain names, without the express written permission of ACCOLADE INSTITUTE, INC. is strictly prohibited.  Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

GOVERNMENT RIGHTS.  The use of the ACCOLADE INSTITUTE, INC. Portal including, without limitation, its reproduction and display by the United States of America and/or any other country and its or their respective instrumentalities (including prime contractors or any other contractor at any tier), agencies, or offices, regardless of form (collectively, the “Government”), shall be governed by this TOS.  Accordingly, the ACCOLADE INSTITUTE, INC. Portal is provided to the Government with LIMITED RIGHTS and/or RESTRICTED RIGHTS (as applicable).  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (g) of the Rights in Data – General clause at 48 C.F.R. § 52.227-14, subparagraphs (b)(1) and (2) of the Commercial Computer Software License clause at 48 C.F.R. § 52.227-19, or subparagraph (b)(1) of Technical Data–Commercial Items clause at D.F.A.R.S. § 252.227-7015, as applicable.  Moreover, all ACCOLADE INSTITUTE, INC. products and materials, including the ACCOLADE INSTITUTE, INC. Portal, are commercial in nature and were not first produced in the performance of any Government contract.  Accordingly, the data, software and documentation available through the ACCOLADE INSTITUTE, INC. Portal Data are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or D.F.A.R.S. § 252.227-7014, as applicable.  Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to Government end users (a) only as Commercial Items and (b) with only those rights as are granted to other end users pursuant to the terms and conditions herein.  For any use of the ACCOLADE INSTITUTE, INC. Portal that would require compliance by ACCOLADE INSTITUTE, INC. with a particular Government requirement not identified herein or that would affect ACCOLADE INSTITUTE, INC.’s rights, the applicable Government entity, agency, or office must notify ACCOLADE INSTITUTE, INC. of said Government requirement and obtain a waiver or exemption from such requirements for the benefit of ACCOLADE INSTITUTE, INC. before any government access to the ACCOLADE INSTITUTE, INC. Portal.  Any Government Licensee shall also affix the following “Government Rights Notice” to any copy of any information downloaded or printed from the ACCOLADE INSTITUTE, INC. Portal made available to any Government Authorized User:

Government Rights
(a) Data.  These data are submitted with limited rights and are subject to the terms of American Society for Training & Development’s (“ACCOLADE INSTITUTE, INC.’s”) current commercial license agreement.  This data may be used by the Government with the express limitation that they will not, without written permission of the ACCOLADE INSTITUTE, INC., be used in any manner prohibited by ACCOLADE INSTITUTE, INC.’s current commercial license agreement.
(b) Software.  Use, reproduction, or disclosure is subject to restrictions set forth in ACCOLADE INSTITUTE, INC.’s current commercial license agreement.
(c) This Notice shall be marked on any reproduction of this data, in whole or in part.

FEEDBACK AND SUBMISSIONS.  ACCOLADE INSTITUTE, INC. welcomes your feedback and suggestions about ACCOLADE INSTITUTE, INC.’s products or services or with respect to how to improve the ACCOLADE INSTITUTE, INC. Portal.  By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to ACCOLADE INSTITUTE, INC., you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to ACCOLADE INSTITUTE, INC. and enable ACCOLADE INSTITUTE, INC. to use such feedback.  In addition, any feedback received through the ACCOLADE INSTITUTE, INC. Portal will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ACCOLADE INSTITUTE, INC. to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

THIRD-PARTY PRODUCTS/SERVICES.  ACCOLADE INSTITUTE, INC., in its sole discretion, may post the advertisements of third parties on the ACCOLADE INSTITUTE, INC. Portal and/or feature materials, programs, products, and services provided by third parties, including, without limitation, ACCOLADE INSTITUTE, INC.’s members.  ACCOLADE INSTITUTE, INC. makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access.  Your correspondence or any other dealings with third parties found on the ACCOLADE INSTITUTE, INC. Portal are solely between you and such third party.  Accordingly, ACCOLADE INSTITUTE, INC. expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the ACCOLADE INSTITUTE, INC. Portal, and you agree that ACCOLADE INSTITUTE, INC. shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the ACCOLADE INSTITUTE, INC. Portal.

LINKS TO OTHER SITES.  ACCOLADE INSTITUTE, INC. may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services.  These sites have not necessarily been reviewed by ACCOLADE INSTITUTE, INC. and are maintained by third parties over which ACCOLADE INSTITUTE, INC. exercises no control.  Accordingly, ACCOLADE INSTITUTE, INC. expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any Web sites or the products or services provided by any third party.

DISCLAIMER.  WHILE ACCOLADE INSTITUTE, INC. ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE ACCOLADE INSTITUTE, INC. PORTAL ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  MOREOVER, ACCOLADE INSTITUTE, INC. MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE ACCOLADE INSTITUTE, INC. PORTAL OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE ACCOLADE INSTITUTE, INC. PORTAL AT ANY TIME AND FOR ANY REASON.  YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE ACCOLADE INSTITUTE, INC. PORTAL.  ACCOLADE INSTITUTE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE ACCOLADE INSTITUTE, INC. PORTAL FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  ACCOLADE INSTITUTE, INC. ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE ACCOLADE INSTITUTE, INC. PORTAL WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY.  You expressly absolve and release ACCOLADE INSTITUTE, INC. from any claim of harm resulting from a cause beyond ACCOLADE INSTITUTE, INC.’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  MOREOVER, IN NO EVENT SHALL ACCOLADE INSTITUTE, INC. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ACCOLADE INSTITUTE, INC. PORTAL, WITH THE DELAY OR INABILITY TO USE THE ACCOLADE INSTITUTE, INC. PORTAL, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE ACCOLADE INSTITUTE, INC. PORTAL, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ACCOLADE INSTITUTE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.  NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ACCOLADE INSTITUTE, INC. FOR ANY REASON WHATSOEVER RELATED TO USE OF THE ACCOLADE INSTITUTE, INC. PORTAL SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACCOLADE INSTITUTE, INC. IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.

INDEMNITY.  You agree to defend, indemnify, and hold harmless ACCOLADE INSTITUTE, INC. and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.

GOVERNING LAW.  This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America, including, without limitation, the Contract Dispute Act, 41 U.S.C. §§ 601-613, and the Commonwealth of Virginia, U.S.A. as applied to agreements entered into and completely performed in the Commonwealth of Virginia.  You and ACCOLADE INSTITUTE, INC. each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division, for any disputes between us under or arising out of this TOS.  For non-government entities, if there is no jurisdiction in the United States District Court for the Eastern District of Virginia, Alexandria Division, for any disputes between us under or arising out of this TOS, you and we agree that jurisdiction shall be in the courts of Arlington County, Arlington, Virginia.  You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney’s fees in any proceeding.  Any claim you might have against ACCOLADE INSTITUTE, INC. must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred.  In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and that each party has the right to seek attorneys’ fees in any proceeding.  You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed.  Notwithstanding the foregoing, ACCOLADE INSTITUTE, INC. agrees that the provisions of this TOS shall not supersede any remedies granted to the United States government to the extent permitted by law or regulation.   ACCOLADE INSTITUTE, INC. makes no representation that the ACCOLADE INSTITUTE, INC. Portal is appropriate or available for use in other locations, and access to the ACCOLADE INSTITUTE, INC. Portal from territories or nations where any aspect of the ACCOLADE INSTITUTE, INC. Portal is illegal is prohibited.  You access the ACCOLADE INSTITUTE, INC. Portal on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the ACCOLADE INSTITUTE, INC. Portal.  A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Please contact ACCOLADE INSTITUTE, INC. if you wish to receive a printed copy of this TOS.

ENFORCING SECURITY ON THE SITE.  Actual or attempted unauthorized use of the ACCOLADE INSTITUTE, INC. Portal may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.  ACCOLADE INSTITUTE, INC. reserves the right to view, monitor, and record activity on the ACCOLADE INSTITUTE, INC. Portal without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the ACCOLADE INSTITUTE, INC. Portal.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the ACCOLADE INSTITUTE, INC. Portal as well as to disclosures required by or under applicable law or related government agency actions.  ACCOLADE INSTITUTE, INC. will also comply with all court orders involving requests for such information.  In addition to the foregoing, ACCOLADE INSTITUTE, INC. reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the ACCOLADE INSTITUTE, INC. Portal, or any portion of the ACCOLADE INSTITUTE, INC. Portal, in order to protect the ACCOLADE INSTITUTE, INC. Portal, ACCOLADE INSTITUTE, INC., or ACCOLADE INSTITUTE, INC.’s business.

TERM AND TERMINATION.  Assuming you and/or your organization has executed a Pricing & Order Form for access to the ACCOLADE INSTITUTE, INC. Portal, this TOS and your right to use the ACCOLADE INSTITUTE, INC. Portal will take effect at the moment you install, access, or use the ACCOLADE INSTITUTE, INC. Portal or you click “I ACCEPT” and is effective until terminated as set forth below or until expired as set forth in the Pricing & Order Form with ACCOLADE INSTITUTE, INC..  This TOS will terminate automatically if you click “I REJECT”.  In addition, ACCOLADE INSTITUTE, INC. reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the ACCOLADE INSTITUTE, INC. Portal or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice.  You may also terminate this TOS at any time by ceasing to use the ACCOLADE INSTITUTE, INC. Portal, but all applicable provisions of this TOS will survive termination, as identified below.  Upon termination, you must destroy all copies of any aspect of the ACCOLADE INSTITUTE, INC. Portal in your possession.  The provisions concerning ACCOLADE INSTITUTE, INC.’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, admissibility of this TOS, waiver and severability, integration, and governing law will survive the termination of this TOS for any reason.

MISCELLANEOUS.  You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to ACCOLADE INSTITUTE, INC., such injury would not be quantifiable in monetary damages, and ACCOLADE INSTITUTE, INC. would not have an adequate remedy at law.  You therefore agree that ACCOLADE INSTITUTE, INC. shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS.  Accordingly, you hereby waive any requirement that ACCOLADE INSTITUTE, INC. post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ACCOLADE INSTITUTE, INC. to enforce any provision of this TOS.  The parties agree that this TOS is for the benefit of the parties hereto as well as ACCOLADE INSTITUTE, INC.’s licensors.  Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without ACCOLADE INSTITUTE, INC.’s prior written consent.  Failure by ACCOLADE INSTITUTE, INC. to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by ACCOLADE INSTITUTE, INC. of that or any subsequent default or failure of performance.  A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.  No joint venture, partnership, employment, or agency relationship exists between you and ACCOLADE INSTITUTE, INC. as result of this TOS or your utilization of the ACCOLADE INSTITUTE, INC. Portal.  Headings herein are for convenience only.  This TOS, along with the ACCOLADE INSTITUTE, INC.’s Privacy Policy and associated Pricing & Order Form (and its T’s and C’s) with ACCOLADE INSTITUTE, INC. for the ACCOLADE INSTITUTE, INC. Portal, represents the entire agreement between you and ACCOLADE INSTITUTE, INC. with respect to use of the ACCOLADE INSTITUTE, INC. Portal, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and ACCOLADE INSTITUTE, INC. with respect to the ACCOLADE INSTITUTE, INC. Portal.  In the event of any conflict between this TOS and the Pricing & Order Form, the Pricing & Order Form shall control.  Unless otherwise agreed to by ACCOLADE INSTITUTE, INC., please note that ACCOLADE INSTITUTE, INC. reserves the right to change the terms and conditions of this TOS and the manner under which the ACCOLADE INSTITUTE, INC. Portal (and its functionality) is extended to you by providing you notice or a copy of such revised terms.  ACCOLADE INSTITUTE, INC. may also change or modify any aspect of the ACCOLADE INSTITUTE, INC. Portal.  Your continued use of the ACCOLADE INSTITUTE, INC. Portal will be conclusively deemed acceptance of any change to this TOS or the ACCOLADE INSTITUTE, INC. Portal.  If you have questions regarding the ACCOLADE INSTITUTE, INC. Portal or if you are interested in obtaining more information concerning ACCOLADE INSTITUTE, INC. and its products or services, please contact ACCOLADE INSTITUTE, INC. at 800-958-9908.