Acrobatiq Terms and Conditions of Use

Effective as of the date hereof, September 15, 2013

PLEASE NOTE THAT THIS WEBSITE AND THE ACROBATIQ PLATFORM ARE NOT AVAILABLE FOR STUDENT USE AT THIS TIME.  CURRENTLY THE ACROBATIQ PLATFORM IS AVAILABLE FOR POTENTIAL INSTRUCTOR USE FOR THE PURPOSE OF EVALUATING ACROBATIQ’S PRODUCTS AND SERVICES ONLY.  PLEASE NOTE THAT THESE TERMS OF USE AND THE RELATED PRIVACY POLICY ARE CURRENTLY BEING REVIEWED INTERNALLY BY ACROBATIQ.  ACROBATIQ FULLY EXPECTS THESE TERMS OF USE AND THE RELATED PRIVACY POLICY TO UNDERGO MATERIAL CHANGES IN THE NEAR FUTURE.

Ownership of Acrobatiq Platform; Agreement to Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Acrobatiq web site located at www.Acrobatiq.com, and all associated sites linked to [www.Acrobatiq.com] by Acrobatiq, its subsidiaries and affiliates, including Acrobatiq sites around the world (collectively, the “Acrobatiq Platform”).  The Acrobatiq Platform is the property of Acrobatiq, LLC  (“Acrobatiq”) and its licensors.  BY USING THE ACROBATIQ PLATFORM, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE ACROBATIQ PLATFORM.

Acrobatiq reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Acrobatiq Platform following the posting of changes will mean that you accept and agree to the changes.  As long as you comply with these Terms of Use, Acrobatiq grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Acrobatiq Platform.

GENERAL

These Terms of Use set forth the legally binding terms and conditions for your use of the Acrobatiq Platform and the online courses and virtual classrooms offered on it (collectively, the “Acrobatiq Platform”).  By using the Acrobatiq Platform, you signify your assent to this Agreement and to Acrobatiq’s Privacy Policy (scroll down to review), each of which are incorporated into and made part of this Agreement by reference.  In the event of any conflict between this Agreement and the Privacy Policy, this Agreement shall govern with respect to the Acrobatiq Platform. You are only authorized to use the Acrobatiq Platform if you agree to abide by all applicable laws and assent to this Agreement and the Privacy Policy.  Acrobatiq’s Privacy Policy applies to use of this Acrobatiq Platform, and its terms are made a part of these Terms of Use by this reference.  To view Acrobatiq’s Privacy Policy, scroll down.   Additionally, by using the Acrobatiq Platform, you acknowledge and agree that Internet transmissions are never completely private or secure.  You understand that any message or information you send to the Acrobatiq Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

This Agreement includes Acrobatiq’s policy for acceptable use of, and your rights, obligations and restrictions regarding, the Acrobatiq Platform.  Acrobatiq may modify this Agreement periodically, and such modification(s) shall be effective upon posting to this page.  We recommend that you review the posted version of this Agreement from time to time to ensure you are updated as to any such modifications.  Acrobatiq may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or posting on this page.

The contents of the Acrobatiq Platform, such as text, graphics, images, information obtained from Acrobatiq’s licensors, User Content (as defined herein), Acrobatiq Content (as defined herein), tools, applications, code and other material contained on the Acrobatiq Platform (the “Content”) are for informational and educational purposes only.  Acrobatiq does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be displayed on or provided through the Acrobatiq Platform.  Reliance on the Acrobatiq Platform, Acrobatiq employees, others appearing on the Acrobatiq Platform at the invitation of a school or university or Acrobatiq, or other users of the Acrobatiq Platform is solely at your own risk.  You agree that you must evaluate, and bear all risks associated with, the use of the Acrobatiq Platform, including any reliance on the accuracy, quality, timeliness, completeness, or usefulness of the Acrobatiq Platform.

The Acrobatiq Platform may contain links to other independent third-party Web sites (“Linked Sites”).  These Linked Sites are provided solely as a convenience to our visitors.  Such Linked Sites are not under Acrobatiq’s control, and Acrobatiq is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.  You will need to make your own independent judgment regarding your interaction with these Linked Sites.
USE OF the Acrobatiq Platform
In consideration of your use of the Acrobatiq Platform, you represent that you are of legal age and competent to form a binding contract.  You acknowledge that Acrobatiq may establish general practices and limits concerning use of the Acrobatiq Platform, including, without limitation, restrictions on usage, storage space or duration, file or email size or type, and data transmission.  You further acknowledge that Acrobatiq reserves the right to modify these general practices and limits from time to time.  Unless explicitly stated otherwise, any new features, tools or services that augment or enhance the Acrobatiq Platform shall be subject to this Agreement.  Acrobatiq expects to constantly change and improve the Acrobatiq Platform and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Acrobatiq Platform (or any features or functionalities thereof), with or without notice, and to interrupt the operation of the Acrobatiq Platform, or any portion of the Acrobatiq Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.  You can stop using the Acrobatiq Platform at any time, although we’ll be sorry to see you go.  Acrobatiq may stop providing access to the Acrobatiq Platform or any policies or terms to you, or add or create new limits to your access at any time.

Registered Users

If you are a registered user, as part of the Acrobatiq Platform, you will have access to tools for viewing, storage and transmission of personal and educational information.  By registering to use the Acrobatiq Platform, you consent and agree to the transmission to and from and storage of and access to personal and educational information (both in electronic and hardcopy form) by Acrobatiq and, if applicabe, your school and any school administrator or official.  Acrobatiq may also enclose personal information in a message sent to you through email or regular mail at your request. These messages — which may take the form of a general update, a specific response to your questions, feedback or other information related to material you submitted or uploaded, or any other form — may be sent to the email address, physical location, and/or any other place or location (virtual or otherwise) that you may specify or have specified to Acrobatiq. You agree that all agreements, notices, records, disclosures and other communications that Acrobatiq or your school provide to you electronically satisfy all legal requirements that such communications be in writing.

As a registered user, you have received a password and account name.  You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account on the Acrobatiq Platform.  You agree to (a) immediately notify Acrobatiq of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) provide true, accurate, current and complete information about yourself when registering with the Acrobatiq Platform (the “Registration Data”), and (d) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Acrobatiq has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, Acrobatiq has the right to suspend or terminate your account as provided herein.  Acrobatiq cannot and will not be liable for any loss or damages arising from your failure to provide us with accurate information (including Registration Data) or to keep your password secure.  You may be responsible for harm or losses incurred by Acrobatiq or any other user of or visitor to the Acrobatiq Platform due to someone else using your Acrobatiq ID, password or account as a result of your failing to keep your account information secure and confidential.  You may not use anyone else’s Acrobatiq ID, password or account at any time without the express permission and consent of the holder of that Acrobatiq ID, password or account.   ACROBATIQ CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ACROBATIQ FORM ANY LOSS, HARM OR OBLIGATION ARISING OUT OF SUCH FAILURE.

User Content

You understand that all information, including, but not limited to, personally identifiable information, Registration Data, personal and educational information, digital images, electronic records, data, text, video, messages or other materials (“User Content”), whether publicly or privately transmitted, is the sole responsibility of the person from whose user account such User Content originated.  This means that you, and not Acrobatiq, are entirely responsible for all User Content that you may upload, download, post, email, transmit or otherwise make available via the Acrobatiq Platform.  The Acrobatiq Platform may allow you and others to submit, upload and/or share User Content. You retain ownership of any intellectual property rights that you hold to content that you upload.  In short, what belongs to you stays yours.

You agree that you are responsible for your own conduct and any User Content that you create, transmit, upload or share while using the Acrobatiq Platform and for any consequences thereof. You agree that you will not engage in any activity that interferes with or disrupts the Acrobatiq Platform, related services or servers or networks connected to the Acrobatiq Platform.

Acrobatiq does not control the User Content and some of the content that you may have access to is not Acrobatiq’s.  Acrobatiq does not guarantee the accuracy, integrity, quality or security of such User Content.  We may review User Content to determine whether it is illegal or violates our policies, and we may remove, filter, flag or refuse to display it if we reasonably believe it violates our policies or the law.  But that does not mean that we review content, so please don’t assume that we do.  Under no circumstances will Acrobatiq be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Acrobatiq Platform.

Using or accessing the Acrobatiq Platform does not give you ownership of any intellectual property rights in the Acrobatiq Platform or the content you may have access to on the Acrobatiq Platform. You may not use content from the Acrobatiq Platform unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in or on the Acrobatiq Platform. Don’t remove, obscure, or alter any legal notices displayed in or on the Acrobatiq Platform.

You agree that Acrobatiq has no responsibility or liability for the deletion or failure to store any User Content and other communications maintained or transmitted on or via the Acrobatiq Platform. You acknowledge that Acrobatiq may have set no fixed upper limit on the number of transmissions you may send or receive through the Acrobatiq Platform or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Prohibited Use

You may not attempt to gain unauthorized access to any portion or feature of the Acrobatiq Platform, or any other systems or networks connected to the Acrobatiq Platform or to any Acrobatiq server, or to any of the services offered on or through the Acrobatiq Platform, by hacking, password “mining” or any other illegitimate means.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Acrobatiq Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Acrobatiq Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Acrobatiq Platform.  Acrobatiq reserves the right to bar any such activity.

You may not probe, scan or test the vulnerability of the Acrobatiq Platform or any network connected to the Acrobatiq Platform, nor breach the security or authentication measures on the Acrobatiq Platform or any network connected to the Acrobatiq Platform.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Acrobatiq Platform, or any other customer of Acrobatiq, including any Acrobatiq account not owned by you, to its source, or exploit the Acrobatiq Platform or any service or information made available or offered by or through the Acrobatiq Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Acrobatiq Platform.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Acrobatiq Platform or Acrobatiq’s systems or networks, or any systems or networks connected to the Acrobatiq Platform or to Acrobatiq.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Acrobatiq Platform or any transaction being conducted on the Acrobatiq Platform, or with any other person’s use of the Acrobatiq Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Acrobatiq on or through the Acrobatiq Platform or any service offered on or through the Acrobatiq Platform.  You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Acrobatiq Platform or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Acrobatiq or others.

In consideration of being allowed to use the Acrobatiq Platform, you agree that the following actions by you or persons using your account are strictly prohibited and shall constitute a material breach of this Terms of Use:

a.    Violation of any applicable local, state, national, or international laws;

b.    Transmitting any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

c.    Transmitting any material that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, vulgar, obscene, insensitive or embarrassing to any other person or entity, as determined by Acrobatiq or the School in their sole discretion;

d.    Impersonating, falsely stating or otherwise misrepresenting your affiliation with, any person or entity;

e.    Transmitting any material that contains software viruses, “spyware,” “adware,” time bombs, 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; or

f.    Interfering with, disrupting, exceeding permitted access to or accessing without authorization, the Acrobatiq Platform or servers or networks used to provide access to the Acrobatiq Platform, or disobeying any requirements, procedures, policies or regulations of the Acrobatiq Platform or networks connected to the Acrobatiq Platform.

International Use

Recognizing the global nature of the Internet, you agree to comply with all laws and rules regarding online conduct and acceptable content that are applicable to the location from which you access the Acrobatiq Platform.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnity

You agree to hold harmless and indemnify Acrobatiq, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Acrobatiq and Partners”) from and against any third party claim arising from or in any way related to your use of the Acrobatiq Platform, violation of these Terms of Use or Privacy Policy, or any other actions connected with your use of the Acrobatiq Platform, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.  In such a case, Acrobatiq will provide you with written notice of such claim, suit or action.

Termination

Acrobatiq shall have the right, in its absolute discretion and without prior notice, to immediately suspend or terminate your use of or access to the Acrobatiq Platform or any portion thereof, due to (a) any breach or violation of this Terms of Use or the Privacy Policy, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Acrobatiq Platform (or any part thereof), (e) unexpected technical or security issues or problems and/or (f) investigation of suspected misconduct by you. Furthermore, your access to the Acrobatiq Platform shall automatically terminate five (5) days after all courses in which are enrolled on the Acrobatiq Platform have ended. Termination of your the Acrobatiq Platform account may include (1) removal of access to the Acrobatiq Platform and all parts thereof, (2) deletion of your password and all related account information and/or personal information, and all User Content associated with or inside your account (or any part thereof), and (3) barring of further use of the Acrobatiq Platform. You agree that the Acrobatiq Platform is not intended to serve as a repository, archive or backup of your User Content, and that all of your User Content will be automatically deleted from the Acrobatiq Platform five (5) days after Acrobatiq closes your account or revokes your right to access the Acrobatiq Platform. Acrobatiq will not return the User Content to you and Acrobatiq is not responsible for any such deletion of User Content.  You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Acrobatiq, for which monetary damages would be inadequate, and you consent to Acrobatiq obtaining any injunctive or equitable relief that Acrobatiq deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies Acrobatiq may have at law or in equity.

If Acrobatiq does take any legal action against you as a result of your violation of these Terms of Use, Acrobatiq will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Acrobatiq.  You agree that Acrobatiq will not be liable to you or to any third party for termination of your access to the Acrobatiq Platform as a result of any violation of these Terms of Use.

Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.    YOUR USE OF the Acrobatiq Platform IS AT YOUR SOLE RISK.  the Acrobatiq Platform and all information and files it hosts and makes available to you are PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ALL INFORMATION PROVIDED ON THE ACROBATIQ PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE.   ACROBATIQ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE ACROBATIQ PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ACROBATIQ PLATFORM AND ANY LINKED SITES.  Acrobatiq AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.  Acrobatiq assumes no responsibility for the timeliness, deletion, transmission, mis-delivery or failure to store any User Content.  You are responsible for obtaining access to the Acrobatiq Platform, and that access may involve third-party fees (such as Internet service provider or airtime charges).  You are responsible for those fees.  In addition, you must provide and are responsible for all equipment necessary to access the Acrobatiq Platform, and unless otherwise agreed by ACROBATIQ, providing all personal information in THE FORMAT SPECIFIED BY ACROBATIQ .

b.    Acrobatiq AND ITS SUBSIDIARIES, AFFILIATES, members, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) the Acrobatiq Platform WILL MEET YOUR REQUIREMENTS; (ii) the Acrobatiq Platform WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF the Acrobatiq Platform WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF the Acrobatiq Platform AND ANY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH the Acrobatiq Platform WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN the Acrobatiq Platform WILL BE CORRECTED.

c.    You specifically understand and agree that Acrobatiq, in providing the Acrobatiq Platform, WILL serve as a conduit for information provided by third parties, and that Acrobatiq may rely on such information and services and products provided to it by third parties. Acrobatiq assumes no responsibility or liability for the accuracy, completeness, propriety, necessity or advisability of ANY information which may be provided, directly or indirectly, to you, or of the EDUCATIONAL or other services to which such information may relate.  The parties further understand and agree that Acrobatiq shall have no responsibility of any kind to you or any third party for any EDUCATION and/or INFORMATION YOU MAY BELIEVE YOU ARE DUE OR HAVE BEEN PROMISED; or ANY other information or services provided by or through any Acrobatiq Platform.  Performance by Acrobatiq of its obligations hereunder shall not give rise to any implication that Acrobatiq is making any benefit or payment determination, providing INFORMATION OR EDUCATIONAL SERVICES or otherwise assuming any responsibility for the scope or quality of EDUCATION OR INFORMATION afforded to you.  THE Acrobatiq Platform IS not intended to supplant, COPY, REPRODUCE, EMMULATE or replace an IN-PERSON CLASSROOM.

d.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH the Acrobatiq Platform SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  THE ABOVE DISCLAIMERS APPLY TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Acrobatiq AND ITS SUBSIDIARIES, AFFILIATES, members, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR personal injury, wrongful death, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Acrobatiq HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE, MISUSE OR THE INABILITY TO USE the Acrobatiq Platform; (ii) INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM the Acrobatiq Platform; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON the Acrobatiq Platform; (V) Access to, or through, the Acrobatiq platform through or within any medium; OR (vI) ANY OTHER MATTER RELATING TO the Acrobatiq Platform or Acrobatiq. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS ACROBATIQ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

MISCELLANEOUS

This Agreement constitutes the entire understanding between you and Acrobatiq and governs your use of the Acrobatiq Platform, superseding any prior agreements between you and Acrobatiq with respect to the Acrobatiq Platform.  You also may be subject to additional terms and conditions that may apply when you use certain features of the Acrobatiq Platform.  We may modify these terms or any additional terms that apply to the Acrobatiq Platform to, for example, reflect changes to the law or changes to the Acrobatiq Platform.  You should look at the terms regularly.  We’ll post notice of modifications to these terms on this page.  We’ll post notice of modified additional terms here or with the introduction to the new feature or functionality (if applicable). Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions of the Acrobatiq Platform or changes made for legal reasons will be effective immediately.  If you do not agree to the modified terms for the Acrobatiq Platform, you should discontinue your use of the Acrobatiq Platform.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Acrobatiq and you. They do not create any third party beneficiary rights.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Acrobatiq Platform, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  These Terms of Use constitute the entire agreement between you and Acrobatiq with regard to your use of the Acrobatiq Platform, and any and all other written or oral agreements or understandings previously existing between you and Acrobatiq with respect to such use are hereby superseded and cancelled.   Acrobatiq will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.   These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, excluding its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our content will be instituted in a state or federal court in Allegheny County, Pennsylvania, and you hereby agree to submit to the personal jurisdiction of those courts.

The failure of Acrobatiq to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You agree that your Acrobatiq Platform account, including, but not limited to, any rights to your Acrobatiq Platform user name, password or User Content within your account, is not transferable or assignable.  You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Acrobatiq Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

SITE OWNERSHIP

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and unregistered trademarks of Acrobatiq and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Acrobatiq or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Acrobatiq Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Acrobatiq Content, contained on the Acrobatiq Platform is owned, controlled or licensed by or to Acrobatiq, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Acrobatiq Platform and no Acrobatiq Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Acrobatiq’s express prior written consent.

You may use information on Acrobatiq products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Acrobatiq for downloading from the Acrobatiq Platform, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

FEEDBACK AND INFORMATION

Acrobatiq or any of its employees do not accept or consider unsolicited ideas, including ideas for new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names.  Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Acrobatiq or any of its employees.  The sole purpose of this policy is to avoid potential misunderstandings or disputes when Acrobatiq’s products or marketing strategies might seem similar to ideas submitted to Acrobatiq.  If, despite our request that you not send us your ideas, you still submit them, then regardless of any other terms contained in your submission, the following terms shall apply to your submissions.

You agree that: (1) your submissions and their contents will automatically become the property of Acrobatiq, without any compensation to you; (2) Acrobatiq may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Acrobatiq to review the submission; and (4) there is no obligation to keep any submissions confidential.

Acrobatiq does, however, welcome your feedback regarding many areas of Acrobatiq’s existing business.  If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at http://acrobatiq.com/about/contact/, or you can choose from the many other listed areas for your feedback.  Please provide only specific feedback on Acrobatiq’s existing products; do not include any ideas that Acrobatiq’s policy will not permit it to accept or consider.  It’s just one more way that Acrobatiq can learn how to best satisfy your needs.
Any feedback you provide at this site shall be deemed to be non-confidential.  Acrobatiq shall be free to use such information on an unrestricted basis.

CONTACTING US

If you have any questions or concerns about this Agreement, please feel free to contact us at:
Address: 2100 Wharton, Suite 625 Pittsburgh, PA 15203

Phone: (877) 998-2937

Email: info@acrobatiq.com

This Agreement was last revised September 15, 2013

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Acrobatiq Privacy Policy

What Information this Privacy Policy Covers

Use of some features or services available on the Acrobatiq Platform may require you to supply or submit additional “Personally Identifiable Information”.  You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to Acrobatiq.  Inaccurate information may affect your ability to use the Acrobatiq Platform, the information you receive when using the Acrobatiq Platform, and our ability to contact you. For example, your email address should be kept current because they will be one of the primary manners in which we communicate with you.

We may collect “Personal Information” that may be used to identify you, either alone or in combination with other data, and “Non-Personal Information” (i.e., information that cannot be used to identify you) that you may voluntarily supply.  Non-Personal Information also includes information gleaned by observing your behavior while on the Acrobatiq Platform or third party services procured by Acrobatiq, such as records of the web pages on the Acrobatiq Platform that you have viewed.

What You Consent to by Using Our Acrobatiq Platform

Please understand that by submitting any Personally Identifiable Information to us, you consent and agree that we may collect, use and disclose such Personally Identifiable Information in accordance with this Privacy Policy and our Terms of Use, and as permitted or required by law. If you do not agree with these terms, then please do not provide any Personally Identifiable Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we will not be able to provide you with the services that can be offered on our Acrobatiq Platform.

What Information We Collect

We gather two types of information about users through the Acrobatiq Platform:

Personally Identifiable Information. We collect Personally Identifiable Information that you provide to us (or which your school may provide to us) when you sign-up to access the Acrobatiq Platform (e.g., your email address), send us email messages, and/or use other services on our Acrobatiq Platform. Among other things, we may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific course and/or services you select, send you updates about Online Courses offered by Acrobatiq, and send you email messages about Acrobatiq Platform maintenance or updates, among other things.

Updates.  Acrobatiq may offer you the ability to receive updates via email or by posting on portions of the Acrobatiq Platform only accessible to registered users.  In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.

Communications with Acrobatiq. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.

Third Party Platforms. We will receive Personally Identifiable Information when you access or log-in to the Acrobatiq Platform directly via Acrobatiq’s website or via a portal provided by a third-party.

Third parties providing Online Course related tools and services to Acrobatiq users may collect nonfinancial individual level user data regarding the individual’s use of that partner Acrobatiq Platform while engaged with such Online Course related activities, and the partner Acrobatiq Platforms may share that data with Acrobatiq for the purpose of improving Acrobatiq’s services, the partner Acrobatiq Platform’s services, and the individual’s education experience. This data includes information such as the amount of time spent on the partner Acrobatiq Platform and pages viewed.

Non-Personal Information. When users come to our Acrobatiq Platform, we will track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Acrobatiq Platform were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs from which you linked to our Acrobatiq Platform. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Acrobatiq Platform. Although such information is not Personally Identifiable Information, we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.

We also use or may use cookies and/or web beacons to help us determine and identify repeat visitors, the type of content and online courses to which a user of our Acrobatiq Platform links, the length of time each user spends at any particular area or page of our Acrobatiq Platform, virtual “classroom” or course materials, and the specific functionalities that users choose to use.  Essentially, cookies are a user’s identification card for the Acrobatiq servers.  Web beacons are small graphic files linked to our servers that allow us to track your use of our Acrobatiq Platform and related functionalities.  Cookies and web beacons allow Acrobatiq to serve you better and more efficiently, personalize your experience at our Acrobatiq Platform and improve, over time, the design, functionality and effectiveness of the online courses offered on the Acrobatiq Platform.  Cookies and web beacons are not used to retain Personally Identifiable Information. From time to time we may also use additional typical methods of collecting data.

You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, many functions and conveniences of the Acrobatiq Platform may not work properly.

How We Use the Information

Please take some time to familiarize yourself with the different ways Acrobatiq uses the information that we gather.

Non-Personal Information. We use Non-Personal Information to build higher quality, more useful services, online courses and online educational platforms by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Acrobatiq Platform. We may also use it for other commercial and research purposes and may make it available to third parties for their commercial or research purposes.

Personally Identifiable Information. Acrobatiq may share Personally Identifiable Information about and from you with your school or employer, if applicable, for marketing purposes.  Except as otherwise set forth in this Privacy Policy or as specifically agreed to by you, Acrobatiq will not disclose any Personally Identifiable Information we gather from you on the Acrobatiq Platform to additional parties.  However, any personally identifiable information contained in material you upload to or transmit via the Acrobatiq Platform may be viewed by others.  In addition to the other uses set forth in this Privacy Policy, we may disclose and otherwise use Personally Identifiable Information as described below.  We may also use it for research and business purposes.

Updates. We may use Personally Identifiable Information collected when you sign-up to send you messages in connection with the Acrobatiq Platform or an online Course. We may also archive this information and/or use it for future communications with you.

Communications with Acrobatiq. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you.

Disclosure to Acrobatiq Operations and Maintenance Contractors. Our operations and maintenance contractors may have limited access to your Personally Identifiable Information in the course of providing products or services to us. These contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Acrobatiq Platform or the Online Course.  Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.

Government Authorities, Legal Rights and Actions. Acrobatiq may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personally Identifiable Information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Acrobatiq, the Acrobatiq Platform, our users (including, but not limited to, instructors and teaching assistants), customers, or others; and in connection with our Terms of Use and other agreements.

Disclosure to Acquirers. Acrobatiq may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of Acrobatiq to which your Personally Identifiable Information relates.

External Links

For your convenience, we or your course instructors (directly or through course materials hosted on the Acrobatiq Platform) may provide links to websites or other content operated by organizations other than Acrobatiq (“Third Party Platforms”) that we believe may be of interest to you. We do not disclose your Personally Identifiable Information to these Third Party Platforms without obtaining your consent. We do not endorse and are not responsible for the privacy practices of these Third Party Platforms. If you choose to click on a link to one of these Third Party Platforms, you should review the privacy policy posted on such Third Party Platform to understand how that Third Party Platform collects and uses your Personally Identifiable Information.

Confidentiality & Security of personally identifiable information

We consider the confidentiality and security of your information to be of the utmost importance. We will use commercially reasonable efforts to keep your Personally Identifiable Information private and will not share it with third parties, except as otherwise provided in this Privacy Policy or legally required, or unless we have good faith belief that such disclosure is necessary in special cases. Acrobatiq takes reasonable measures to protect your Personally Identifiable Information from disclosure to or access by third parties. Please note that we do not guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted.

Acrobatiq may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Acrobatiq Platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Acrobatiq’s rights or property, or the rights or property of visitors to or users of the Acrobatiq Platform, including Acrobatiq’s customers.  Acrobatiq reserves the right at all times to disclose any information that Acrobatiq deems necessary to comply with any applicable law, regulation, legal process or governmental request.  Acrobatiq also may disclose your information when Acrobatiq determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Acrobatiq may preserve any transmittal or communication by you with Acrobatiq through the Acrobatiq platform or any service offered on or through the Acrobatiq Platform, and may also disclose such data if required to do so by law or Acrobatiq determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce the terms of use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Acrobatiq, its employees, users of or visitors to the Acrobatiq Platform, and the public.

Updating or Deleting Your personally identifiable information

We maintain a procedure in order to help you confirm that your Personally Identifiable Information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners.  You may also update your Personally Identifiable Information by logging into the Acrobatiq Platform and visiting your user account page. You may also contact us via feedback@Acrobatiq.com. We try to answer every email promptly, but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information.

If you have any privacy-related questions or unresolved problems, you may contact us via feedback@Acrobatiq.com.

Changing Our Privacy Policy

Please note that we review our privacy practices from time to time, and that these practices are subject to change. THIS PRIVACY POLICY IS IN PLACE TEMPORARILY AND WILL CHANGE IN THE NEAR FUTURE; ACROBATIQ IS A CURRENTLY UNDERTAKING A FULLSOME REVIEW OF ITS PRIVACY POLICY AND TERMS OF USE AND FULLY EXPECTS TO MAKE MATERIAL CHANGES IN THE NEAR FUTURE.  Any change, update, or modification will be effective immediately upon posting on our Acrobatiq Platform. We will notify you of any material change to this Privacy Policy by posting a notice on our Acrobatiq Platform’s homepage for a reasonable period of time following such update, and by changing the effective date (located at the bottom of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

Protecting Children’s Privacy

Acrobatiq strongly believes in protecting the privacy of children. In line with this belief, we do not knowingly collect or maintain Personally Identifiable Information on our Acrobatiq Platform from persons under 13 years of age, and no part of our Acrobatiq Platform is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Acrobatiq Platform at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than 13 years of age that has been collected on our Acrobatiq Platform without verified parental consent upon learning of the existence of such Personally Identifiable Information.

Effective as of September 15, 2013.