Terms of service
The Achievement Network Terms of Service
The Terms of Service is an agreement between you and The Achievement Network, Ltd. (“ANet,” “we,” “us”) that governs your use of AchievementNetwork.org, My.AchievementNetwork.org, and other websites that we own which link to this agreement (collectively “Sites”). Please read this document closely. By using the Sites, you and any entity you are authorized to represent (“You” or “Your”) agree to be bound by these terms. If you do not agree to all the terms of this agreement, you should stop using the website immediately. We may modify these terms at any time without notice to you by posting the updated terms on our Sites. Terms posted on our Sites are effective immediately. Please check this page periodically, as your use of the Sites constitutes a binding acceptance of these terms.
Relation to Service Agreement
If you are a part of an organization that has entered into a Service Agreement with The Achievement Network, you remain bound by the terms of the Service Agreement. If the terms of the Service Agreement conflict with any term in this agreement, the terms of the Service Agreement shall control.
Use of Service
ANet grants you a terminable, non-exclusive, non-transferable license to use the ANet Sites solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions.
You represent and agree that while using the Sites you will comply with all local, county, district, state, federal, and other applicable laws. You further represent that you will not use the Sites to conduct or facilitate any illegal activity.
Proprietary Rights to Content
You acknowledge that the content on the Sites, including but not limited to data, text, analyses, software, music, sound, photographs, video, graphics, or other material accessible to you by virtue of your use of the Sites is protected by copyrights, trademarks, service marks, patents, trade secrets, data rights, publicity or privacy rights, or other intellectual property rights and laws. Unless you are expressly authorized to do so, you shall not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the Site. You acknowledge that any information provided by or through ANet is for informational purposes only and is not intended to constitute professional advice.
The parties acknowledge that, as between You and ANet, You will own all right, title and interest in Your Submissions to the Sites. For the purposes of these Terms, the term “Submission” shall include any and all comments, posts, content, media, materials or information submitted by You, and all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered. By posting Submissions to the Sites, you warrant and represent that you own the rights to the Submissions or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Submissions.
You hereby grant ANet a worldwide, non-exclusive, transferable, assignable, royalty-free, non-terminable, perpetual license in any media or technology now known or hereafter developed to use reproduce, distribute, display, and to create derivative works based upon or incorporating, any Submission. You agree to forever waive and relinquish all moral rights now or hereafter recognized in connection with Your Submissions and the rights granted to ANet hereunder.
Third Party Sites
ANet may occasionally link to or incorporate services from third party websites. ANet expressly disclaims any liability arising from the use of third party websites, products, and services. You choose to use them at your own risk. All trademarks, service marks, and/or trade names that appear on the Sites that are not ANet marks are the trademarks of their owners. References to any names, marks, products, or services of third parties do not constitute or imply endorsement, sponsorship, or recommendation of the third party or its products or services.
All Users of the Sites shall not: a) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (e) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (f) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) obtain or accumulate personal information about individual users or collect or store personal data about other users; (i) modify, delete or damage any information contained on the personal computer of any user; (j) "Stalk" or otherwise harass a computer user; (k) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; or (l) undertake any acts not expressly permitted under the Terms.
ANet may discontinue or suspend the Sites at any time without notice. ANet may block, terminate or suspend Your access to the sections of the Sites for Registered Users at any time for any reason in its sole discretion, even if access to the Sites continues to be allowed to other Users. Upon such suspension or termination, You must immediately discontinue use of the Sites. You acknowledge and agree that ANet shall not be liable to You or any third party for any termination or suspension of Your access to the Sites.
This Sites and its contents (“Content”) are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with the Sites and the Content are the sole property of ANet or its affiliates or partners. The Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Content are also protected by such copyright laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Sites. ANet does not convey, through allowing access to the Sites, any ownership rights in the Sites or in any Content.
If you believe that a Web page hosted by ANet is violating Your rights under U.S. copyright law, You may file a complaint of such claimed infringement with ANet’s designated agent in the manner described below.
The Achievement Network
225 Friend Street, Suite 704
Boston, MA 02114
Disclaimers of Warranties
ANet Sites are provided “As Is” and “As Available” with all faults, and to the maximum extent permitted by applicable law, ANet hereby disclaims all representations and warranties, either express, implied or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ANet, its affiliates, licensors, and suppliers make no representations or warranties about the accuracy, completeness, security, or timeliness of the content, results obtained, information or services provided on or through the use of the site. Use the Sites and its content at your own risk.
Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms are fair and reasonable.
Limitation of Liability
To the maximum extent permitted by law, in no event shall ANet, its affiliates, licensors or suppliers be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the site, content, results obtained, information or services whether based on warranty, contract, tort, or any other legal theory, and whether or not ANet has been advised of the possibility of such damages. To the fullest extent permitted by law, the remedies stated for you in these terms are exclusive and are limited to those expressly provided for in these terms. In no event and under no circumstances shall ANet’s liability exceed the amount you actually paid to ANet for access to the Sites.
You agree to indemnify, hold harmless and defend ANet, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by ANet, due to your breach of the terms or arising out of your actions, your violation of the terms, or your violation of any rights of another.
Each paragraph and provision of this Agreement is severable from the entire Agreement, and, if one provision is declared invalid, the remaining provisions shall remain in effect.
Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court which would have had jurisdiction but for this provision.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws provisions.
ANet reserves the right to change or modify any provision of these Terms at any time in its sole and exclusive discretion.