Terms of Service and User Agreement

These Terms of Service and User Agreement (“Agreement”) governs your use of the websites, mobile sites, applications, and/or other services provided by Accelerated Educational Solutions that link to this Agreement (“Online Services”).  We encourage you to carefully read this Agreement. You should also see our Online Services Privacy Policy for information on Accelerated’s policies regarding collection and use of information obtained from individuals who visit Accelerated’s sites. By using our Online Services and continued use of Accelerated’s sites, you accept both the Agreement and the Online Services Privacy Policy, as they may be updated, amended or modified.

When we use the terms “Accelerated”, “we”, “us”, or “our”, we mean Accelerated Educational Solutions.  The term “you” or “your” refers to you as a user of one or more Online Services.

Use of the Service by You

  • The Online Services are not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Online Services or submitting their personally identifiable information to us, and from using any portion of the Online Services.
  • You agree to pay the posted fees for the Online Services. You authorize Accelerated to charge your credit card for all fees you incur for use of the Online Services. If Accelerated does not receive payment from the card issuer, you shall pay Accelerated all amounts due upon demand. Accelerated may take commercially reasonable actions to validate your credit card. You shall pay any taxes and applicable governmental fees, including, but not limited to, personal property taxes and sales taxes, resulting from your purchase or use of Online Services.
  • Accelerated reserves the right, at its sole discretion, to modify the Online Services at any time. You shall have the right to terminate this Agreement by providing Accelerated written notice within fifteen (15) days of any modification to the Online Services that (i) results in a material decrease in the content of the Online Services or (ii) materially decreases your rights or materially increases your obligations under this User Agreement. Your failure to so terminate shall constitute your acceptance of such modifications.
  • If you purchase an Online Service, Accelerated grants you a non- exclusive, non-transferable right to access and use such Online Service during the applicable subscription period. Upon expiration of the applicable subscription period, your right to use the Online Services will automatically terminate. Your right to use the Online Services will also terminate, without refund of any part of the purchase price, at the sole discretion of Accelerated, if your personal Accelerated account is actively accessed from two or more unique computers at the same time
  • You may return any Online Service and receive a full refund of the purchase price, if you notify us in writing within three (3) calendar days of purchase, provided, however, that you have not completed more than three percent (3%) of the multiple-choice questions or two of the modules included in the Online Service purchased. You may not return an Online Service after such three-day period has expired.
  • You are responsible for maintaining the confidentiality of the password and account identifier issued by Accelerated to you, and you are fully responsible for all activities that occur under your password or account identifier. You agree to immediately notify Accelerated of any unauthorized use of your password or account or any other breach of security. Furthermore, you agree that you will properly logout from your account at the end of each session.
  • You agree that Accelerated may, without prior notice, immediately terminate your account and your access to the Online Services in the event you engage in inappropriate conduct, including but not limited to, breach of this Agreement or failure by you to pay Accelerated for the Online Services.
  • You may not use Accelerated’s sites to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, (c) in a manner that will violate the privacy, publicity or other personal rights of others, or (d) in a manner that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in the sole discretion of Accelerated
  • The Online Services and content that is provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Online Services, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers. You may not sell or modify the Online Services or reproduce, display, publicly perform, distribute, or otherwise use the Online Services in any way for any public or commercial purpose. You may not copy, disassemble, modify, reverse engineer, decompile or adapt the HTML or other code that Accelerated uses to generate its web pages, videos or other content.
  • Certain content may be made available to you on or through the Online Services for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such content is subject to the same terms, conditions, limitations and restrictions applicable to all content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such content only to the extent expressly authorized for the particular content, and you may not use such content in a manner that exceeds such authorization.
  • You acknowledge, consent and agree that Accelerated may access, preserve, and disclose your account information, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any content violates the rights of third-parties; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of Accelerated, its users and the public. (For more information on Accelerated’s policies related to the collection, use and maintenance of information obtained from individuals who visit the Site, see our Online Privacy Policy.)

Prohibitions on Use of Online Services:

You agree to use the Online Services only for lawful purposes, in accordance with the Agreement, and not to use or allow others to use the Online Services in violation of the following guidelines:

  • The Online Services may not be used in a manner that interferes with Accelerated’s provision of services or the ability of others to utilize the Online Services in a reasonable manner.
  • The Online Services may not be used to breach or attempt to breach the security, the computer, the software or the data of any person or entity, including Accelerated, to circumvent the user authentication features or security of any host, network or account, to use or distribute tools designed to compromise security, or to interfere with another’s use of the Online Services through the posting or transmitting of a virus or other harmful item to deliberately overload or flood that entity’s system
  • In using the Online Services, you may not use an IP address, account identifier or password not assigned to you, forge any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting or probe, scan or test the vulnerability of any system or network by the use of sniffers, SNMP tools or any other method.
  • The Online Services may not be used to post or transmit content that violates child pornography statutes or contains graphic visual depictions of sexual acts or sexually explicit conduct involving children, or other depictions of children, the primary appeal of which is prurient.
  • The Online Services may not be used to upload, post, transmit or otherwise make available any materials or content that violate or infringe on the rights or dignity of others. These include, but are not limited to, materials infringing or compromising intellectual property rights or the ability to maintain trade secrets and other personal information as private; the ability to avoid hate speech; threats of physical violence; harassing conduct; sexually oriented material that is offensive or inappropriate; and unsolicited bulk e-mail.
  • The Online Services may not be used to engage in or foster any consumer fraud such as illegal gambling, “Make Money Fast” schemes, chain letters, Pyramid, or other investment schemes, or to make or encourage people to accept fraudulent offers by e-mail, USENET or other means, of products, items or services, originating from your account, or through a third party which implicates your account or to post or transmit off-topic or commercial messages on bulletin boards.
  • The Online Services may not be used to post, upload, transmit, send or otherwise make available on or through the Online Services any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy.
  • The Online Services may not be used to post, upload, transmit, send or otherwise make available on or through the Online Services any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy.

Indemnification

You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, affiliates, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Online Services, or from any of your acts or omissions in connection with the Online Services.

Disclaimer of Warranty and Limitation of Liability:

  • CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE ONLIE SERVICES MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES, SUCH AS OUR SERVICE PROVIDERS THAT PROVIDE SOCIAL, COMMUNITY AND PUBLIC DISCUSSION AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN BOARDS, FORUMS, CHATS, BLOGS, AUCTIONS, SHOPPING, AND PERSONAL/JOB SEARCH AND OTHER CLASSIFIED ADS. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE ONLINE SERVICES. WE AND THE INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
  • YOU ACKNOWLEDGE THAT YOU ARE USING THE ONLINE SERVICES AT YOUR OWN RISK. THE ONLINE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE AND THE INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE ONLINE SERVICES. WE AND THE INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE ONLINE SERVICES AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND THE INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
  • WE AND THE INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
  • WE AND THE INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE ONLINE SERVICES, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE ONLINE SERVICES, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE ONLINE SERVICES OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE ONLINE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

Copyright

Copyright on Accelerated’s sites and all materials included in it, including, but not limited to, those materials related to Online Services, are owned by, or licensed to, Accelerated and all rights therein are reserved. You must abide by all copyright notices and restrictions contained on Accelerated’s sites. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from Accelerated’s sites (including, but not limited to, practice tests, instructional videos, and computer programs or other code).

Trademarks

The stylized Accelerated logo, and any other trademarks on Accelerated’s sites, whether or not registered, are trademarks owned or licensed by Accelerated (collectively, “Accelerated Trademarks”). You may not use Accelerated Trademarks (i) in connection with any product or service that does not belong to us, (ii) in any manner that is likely to cause confusion among users about whether we are the source, sponsor or endorser of the product or service, or (iii) in any manner that disparages or discredits us.  You may not use metatags or any other “hidden text” that incorporates any Accelerated Trademarks or our name without our express written consent.

Governing Law

This Agreement will be governed by the laws of the State of California without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Contra Costa County, California and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Termination or Suspension of the Online Services, Your Use of the Online Services, and/or this Agreement:

We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Online Services, your account/profile, your ability to access, visit and/or use the Online Services or any portion thereof, and/or this Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. The provisions on Limitations of Liability, Indemnification, and Governing Law shall survive any such termination.

Use outside the United States

Accelerated makes no claims that our site and the Online Services may be lawfully viewed, downloaded or otherwise used outside of the United States. If you access and use Accelerated’s sites and the Online Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of all competent jurisdictions.

Invalid Provisions and Waiver

If any term of this Agreement is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining portions of this Agreement, which will remain in full force and effect. No waiver of any term by Accelerated will be deemed a further or continuing waiver of such provision or any other provision.