TERMS & CONDITIONS
Advanced Certification Institute is committed to your satisfaction and education through the use of our site. If after purchasing a certification course through the site you are not completely satisfied, we can issue a 100% refund as long as you did not attempt the exam and your request is within 60 days of purchase. If you did not attempt an exam and would like a refund please use the contact page to contact customer service and we will be happy to assist you. We regret that once the exam is attempted we cannot issue a refund regardless of the exam results. Please remember that we offer unlimited exam retakes and our specially designed exam format is designed to optimize information retention and first-time pass rate.
Advanced Certification Institute enjoys an extremely high National and International acceptance rate by employers, schools and other institutions. It is the responsibility of the user to determine if certification through ACI will be accepted prior to purchasing a certification course. Since it is the user’s responsibility to make this determination, ACI is unable to issue a refund for this reason
Unless otherwise indicated, this website (“Site”) and its contents are the property of Advanced Certification Institute LLC and/or its affiliates (collectively, “we,” “our,” or “us”) and are protected, without limitation pursuant to U.S. and foreign copyright and trademark laws. By accessing this Site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access the Site and you should not do so.
Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any intellectual property right, and we make no representation or warranty, express or implied that the use thereof will not infringe any intellectual property rights.
Your use of the Site constitutes your full and legal acceptance of each of these terms, both in your individual capacity and as an employee and agent of your employer. These terms and conditions constitute the legal agreement between You and Us (“Agreement”).
Please review the Agreement carefully. If you do not agree with it in its entirety, you are not authorized to use the Site in any manner or form.
Although the information and recommendations on the Site are provided in good faith and believed to be correct, we make no representations or warranties as to the completeness or accuracy of the information. The information is supplied under the condition that the persons receiving same will make their own determination as to the suitability for their purposes prior to use. In no event will we be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information or the product to which the information refers.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate information with us, including, but not limited to, your failure to receive critical information about the Site.
You are responsible for maintaining the confidentiality of any user ID, screen name and password, and are fully responsible for all activities that occur under your user ID, screen name and password that you may create while using the Site. You are also responsible for ensuring that your user ID, screen name and password and account fully comply with the provisions of this Agreement. You may not use anyone else’s user ID, screen name, password or account without the permission of the account holder.
You agree to (a) immediately notify us of any unauthorized use of your user ID, screen name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Proprietary Rights; License Grant
All content available on the Site, including without limitation, design, graphics, text, images, software and other files and the selection and arrangement thereof (collectively, “Content”), is owned by us and our licensors and protected under applicable copyrights, trademarks, and other proprietary (including, without limitation, intellectual property) rights.
You agree that right holders that license their content to us for access through the Site are intended third-party beneficiaries under this Agreement, and thereby possess the right to enforce the provisions of this Agreement that directly affect their intellectual property. You understand that your use of Content is subject to the limited license described below.
You shall not upload, post or otherwise make available any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark, or other property right and the burden of determining that any material is not covered by these rights rests with you. You shall be solely liable for any damages resulting from any infringement of these rights, or any other harm resulting from such submission.
You shall not upload, post or otherwise make available through any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, but we do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and we are not responsible for any such materials posted by users.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
As a visitor to or user of the Site, you are granted a non-exclusive and non-transferable limited license to access and use the Site (and its associated Content) strictly in accordance with this Agreement. We may terminate this license at any time for any reason, in our sole discretion. You acknowledge and agree that the Site is for your personal, non-commercial use, only, and that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Site or any Content provided or obtained through the Site, including, but not limited to, any content, concepts, opinions, ideas, names, images and other information used with respect to or made available through the Site, except as expressly authorized in this Agreement. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
In some instances, the content available through the Sites incorporates the opinions and judgments of third parties not under contract with us. Accordingly, we neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made anyone other than an authorized employee or spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused your reliance on information obtained through such third parties. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available on the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Access to the Site
In order to use the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem, router or other access device. Any equipment or software causing interference shall be immediately disconnected from the Site and we shall have the right to immediately terminate this Agreement.
If any upgrade in or to the Site requires changes in your equipment or software, you must effect these changes at your own expense. You agree to follow and comply with any applicable laws, rules and regulations in your use of the Site and agree to use the Site for lawful purposes only.
The Site may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable You to communicate with others. You agree to use these services only to post, send and receive messages and material that are lawful and proper. You further agree not to (i) upload any files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (ii) advertise or offer to sell or buy any goods or services for any business purpose; (iii) download any file that you know or reasonably should know, cannot be legally reproduced, displayed, performed and/or distribute; (iv) falsify or delete any copyright information; and (v) take any action that would prohibit any other user from freely using these services. Since we do not control or endorse the content or information found in connection with the email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities, we specifically disclaim any liability with regard to theses services and any actions resulting from your participation in them. Furthermore, any hosts are not employed by or spokespersons for us and their views do not necessarily reflect our view.
Access to Software and Documents on the Site
Any software that is made available to download from the Site (“Software”) is our copyrighted work or the copyrighted work of out affiliates, licensors or suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ADANCED CERTIFICATION LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Use of any documents (such as study guides, information packets, reading materials, tests, datasheets and FAQs) (“Documents”) from the Site is granted to you, provided that you (1) keep the copyright notice on all copies, (2) use such Documents from the Site for educational, informational and non-commercial or personal use only and agree that you will not copy or post the Documents or information contained therein on any network computer or broadcast in any media now known or created in the future, and (3) make no modifications to any of the Documents. Use of the Documents for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
ADVANCED CERTIFICATION INSTITUTE LLC AND/OR ITS RESPECTIVE AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. ALL SUCH DOCUMENTS ARE PROVIDED”AS IS” WITHOUT WARRANTY OF ANY KIND. ADVANCED CERTIFICATION INSTITUTE LLC AND/OR ITS RESPECTIVE AFFILIATES, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE DOCUMENTS, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ADVANCED CERTIFICATION INSTITUTE LLC AND/OR ITS RESPECTIVE AFFILIATES, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE DOCUMENTS.
THE DOCUMENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADVANCED MEDICAL CERTIFICATION LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL ADVANCED CERTIFICATION INSTITUTE LLC AND/OR ITS RESPECTIVE AFFILIATES, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
General Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) WE MAKE NO WARRANTY THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, “PROTECTED ENTITY”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO FROM OR THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO OR ARISING FROM THE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST ANY PROTECTED ENTITY IS TO DISCONTINUE USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third Party Links
Links on the Site to third party websites (including, but not limited to, any advertisements) are provided only as a convenience to you. If you use these links, you may leave the Site. We do not control or endorse any such advertiser or other third party websites, and your dealings with such third parties are solely between you and such third parties.
You agree that neither we nor any of its affiliated companies, licensors or suppliers will be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser or other third party links on the Site, for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You acknowledge that you will use these links at your own risk.
Without limiting the foregoing, certain services and features offered through the Site may be provided by third parties outside of the Site. While the Site provides a link to these services, we have no control over these services or the companies that provide them. You understand and agree that we are not responsible in any way for your use of these services provided by third parties and that your use of such services is subject to the terms and conditions established by such third parties. Information you provide when you use such services is collected by such services (and not by us) and we do not control their use of such information.
You agree to defend, indemnify and hold us, our subsidiaries and affiliates, and each of their respective officers, directors, employees, representatives and agents, harmless from any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys’ fees) arising from or related to: (a) your use of the Site or (b) an allegation that you breached or violated an applicable law, rule, regulation or this Agreement.
The trademarks appearing on this Site are trademarks owned or licensed by us or used pursuant to the Fair Use Doctrine. Without our prior written authorization, you agree not to display or use the trademarks in any manner.
In the event that you reside outside of the United States, you agree to comply with all local rules regarding online conduct and acceptable user content.
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.
Note that some features on the Site may be available solely to United States users, as determined in our sole discretion.
We respect the intellectual property rights of others and require that users who use the Site do the same.
If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Advanced Certification Institute LLC
5 Lyons Mall
Basking Ridge, NJ 07920
To be effective, the notice must include:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site (please be specific);
(d) Your address, telephone number, and email address;
(e) 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
(f) A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You agree that any unauthorized use of the Site would result in irreparable injury to us and our licensors for which money damages would be inadequate.
In such event we and our licensors, affiliates and suppliers as applicable, shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that we and our licensors may have under separate legal authority.
Should any part of this Agreement be held invalid or unenforceable by a competent court, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
No relationship other than that of a service provider and customer shall be created through operation of this Agreement.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and we may diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Any rights not expressly granted herein are reserved.
Notices to you, if any, may be made via either e-mail or regular mail.
Any questions or comments regarding, or problems with, the Site or the Terms and Conditions should be sent to:
Advanced Certification Institute
5 Lyons Mall
Basking Ridge, NJ 07920
Effective as of: 28 January 2013 Last Modified: 3 November 2015
Advanced Certification Institute LLC
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