Acceptance of Terms
These Issuer Terms of Service (the “Issuer Terms of Services") are entered into between Acreditta LLC, a North American company and the "Issuer"
By accessing, downloading or using the Service, Issuer agrees to be bound by these Issuer Terms of Service. Issuer may print or retain a copy of these Terms of Service for Issuer's records. Acreditta reserves the right, in its sole discretion, to update these Terms or the Issuer's TOS at any time.
ACCREDITTA
Acreditta LLC, together with its wholly owned subsidiaries (collectively, “Acreditta,” “we,” “us,” or “our”) has created, owns and operates various websites. These terms of use (“Terms of Use”) govern access to and use of Acreditta websites, services, software and applications provided via the internet or offline via personal computers or mobile devices (taken together , "the service").
By using the Service, you agree to be bound by these Terms of Use, unless you or your organization has entered into a separate written agreement with us, in which case such terms and conditions will prevail over these Terms of Use. These terms of use incorporate by reference Acreditta's privacy policy.
Acreditta may modify these Terms of Use at any time, and such modification will be effective on the date indicated in the modified Terms of Use. Your continued use of the Service following any modification to these Terms of Use constitutes your consent and acceptance of the modified terms. If you do not accept any of these conditions or any future modifications, do not use or access (or continue to access) the Service.
1. SERVICE DESCRIPTION
The Service allows the user to do some or all of the following activities: index and manage multi-format learning resources (e.g., in the form of texts, images, videos, moocs); connect with other users; create, manage and issue digital credentials, design and manage learning paths.
Unless explicitly stated otherwise, any functionality that expands or improves the Service shall be subject to these Terms of Use. The Service may not be used for any purpose not explicitly permitted in these Terms of Use. No part of the Service may be reproduced, copied, duplicated, sold or resold, except as expressly permitted in these Terms of Use.
2. RIGHTS OF USE AND ACCESS
In consideration of your use of the Service, you represent that you have not been prohibited from using the Service under the laws of any applicable jurisdiction.
You also agree to the following:
(a) provide accurate, current and complete information about yourself as prompted by any registration form on the Service (“Registration Data”); (b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data and any other information provided to Acreditta to keep it accurate, current and complete, and (d) be responsible for all uses of your account and any actions that occur using the same. If you provide any information that is untrue, inaccurate, obsolete or incomplete, or if Acreditta has reasonable grounds to suspect that such information is untrue, inaccurate, obsolete or incomplete, Acreditta has the right to suspend or terminate your account and refuse any and all current or future use of your account. from service.
You are responsible for all activity that occurs under your account and must comply with all local, provincial, federal and international laws, treaties and regulations related to your use of Acreditta, including, but not limited to, those related to data privacy. Using another user's account without permission is not permitted under any circumstances.
You must notify Acreditta immediately of any breach of security or unauthorized use of your account. Acreditta will not be responsible for any losses caused by any unauthorized use of your account, but you will be responsible for the losses of Acreditta or third parties due to such unauthorized use. All usernames and passwords will remain the property of Acreditta and may be cancelled, changed or suspended at any time by Acreditta without notice. Acreditta has no obligation to verify the actual identity or authority of the user of any user name or password.
By providing your email address to Acreditta, you consent to the use of your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to the
features of the Service and special offers. If you do not wish to receive such email messages, you can unsubscribe by changing your preferences in the settings in your emails. If you unsubscribe, you may not receive email messages about updates, improvements or offers.
3. OWNERSHIP OF CONTENT AND LIMITED LICENSE
The following definitions apply to the materials in the Service:
(a) “Content” means all content, including, but not limited to, photographs, profiles, messages, notes, texts, courses, tests, information, music, video, advertisements, listings and other content appearing anywhere on the Service at any time.
(b) “User Content” means any Content uploaded, posted, offered or displayed (collectively, “posted”), transmitted, sold, shared or otherwise made available by you on the Service or through of the.
(c) “Third Party Content” means any content posted, transmitted, sold, shared or otherwise made available by any third party on or through the Service.
(d) “Site Content” means all Content that is not User Content or Third Party Content.
(e) “Digital Badges” service to create, manage and display Digital Badges. A “Digital Badge” is a digital representation of an achievement issued to a person or organization by the Issuer. Badges include an image and metadata that describe the achievement and may include supporting evidence and related information.
The Service and the Site Content are the property of Acreditta, its users or its licensors, with all rights reserved. Neither the Service nor any Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without prior written permission of Credit.
Acreditta grants you a limited license to access and use any portion of the Site Content to which you have successfully accessed, solely for your personal use, provided that you keep intact all copyright or proprietary notices.
Your rights to use Third Party Content are governed by the terms of the applicable Third Party license, which are established by these Third Parties from time to time.
Any use of the Service or Site Content other than as specifically authorized herein, without the prior written permission of Acreditta or the applicable Third Party,
as the case may be, is strictly prohibited and will result in the termination of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws. Unless explicitly stated otherwise herein, nothing in these Terms of Use should be construed as a license to intellectual property rights of any kind, whether by estoppel, implication or otherwise. This license may be withdrawn at any time without notice and with or without cause.
From time to time, Acreditta may offer a limited-duration campaign to specific Acreditta clients and other companies or individual users to participate in free online training (a “Digital Training Event”). These courses will be selected by Acreditta and will include a subset of the Acreditta course catalog from a variety of course publishers.
The following additional conditions will apply to Digital Training Events in which you participate:
Acreditta collects the data you enter in the registration form, including, but not limited to, your name, email address and title. Additionally, we collect information about the courses you have started or completed, as well as any information related to your academic record, such as your certificates or test results.
Acreditta may share collected information, such as course enrollment, with your organization so that it knows the types of courses in which its members are interested.
The information collected will also be used by Acreditta to evaluate the Digital Training Event and to know what courses to offer at future Digital Training Events. The information used will be aggregated and anonymized data, which may also be used to offer comparisons of courses carried out by specific local sectors or markets.
Acreditta will retain your login information and transcript so that you can continue to progress through the course at future Digital Training Events, if offered.
Acreditta will retain the information for a period of five (5) years unless, where applicable, you specifically opt out of the Digital Training Event program by emailing info@acreditta.com
4. TRADEMARKS
“Acreditta”, and other Acreditta graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or
Acreditta commercial images. The trademarks and trade dress used by Third Parties in connection with the sale or licensing of their goods or services on the Service are the property of their respective owners.
Such trademarks and trade dress must not be used, including as part of trademarks or domain names, in connection with any product or service, in any manner that is likely to cause confusion, and must not be copied, imitated or used, in whole or in part. , without the prior written permission of its respective owner.
5. USER CONTENT
You are solely responsible for all of your User Content. You understand and agree that Acreditta may, but is not obligated to, review, delete or remove User Content (without notice) in its sole discretion, for any or no reason, including, without limitation, User Content that, in its sole discretion exclusive of Acreditta in each case, violates these Conditions of Use, or that may be offensive, illegal or infringe the rights, harm or threaten the safety of users or other people.
You agree not to do the following:
(a) post, transmit, sell, share or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, inciting hateful or objectionable on racial, ethnic or other grounds;
(b) post, transmit, sell, share or otherwise make available User Content that was not created by you or that you do not have permission to post, transmit, sell or share;
(c) post, transmit, sell, share or otherwise make available User Content (i) in violation of any federal, provincial, international or local law or regulation, (ii) that you do not have full power and authority to distribute it, including all necessary licenses and authorizations, or (iii) that Acreditta determines, in its sole discretion, is inappropriate for distribution through the Service.
(d) post, transmit, sell, share or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of privacy or publicity or any other proprietary right of any part; and forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content.
You are solely responsible, at your own expense and risk, for creating backup copies and replacing any User Content that you post or store on the Service or provide to
Credit. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary to facilitate the posting and storage of the User Content on the Service.
6. DIGITAL BADGE SYSTEM
The issuer will have sole responsibility for creating Badges, determining and applying the criteria for awarding Badges to users, and revoking Badges from workers. Acreditta will have no obligation to review the accuracy of the information entered by the Issuer in the Digital Badge System.
A “User” is a person or entity authorized by the Issuer to access the System on behalf of the Issuer or Affiliate based on the Issuer's primary account or Affiliate Account. Users shall comply with the terms and conditions of this Issuer Terms of Service and Issuer shall be responsible for the acts or omissions of Users in connection with these Issuer terms. Likewise, the issuer will have the responsibility of revoking the access rights of the Users. The Issuer and Users acting on behalf of the Issuer will have the ability to issue and revoke Badges during the period during which the Issuer is permitted access to the Acreditta System.
The Issuer grants Acreditta the right to host, display, maintain and display Badges issued by the Issuer. Unless the Issuer has revoked a Credential from a worker or student, Acreditta may continue to host, maintain and consult the Badge, unless and until 1) the worker or student violates the Worker Terms of Service, or 2) a court of law orders Acreditta to remove the Credential or worker-related data from the Credential, or 3) the borrower or holder requests that the Credential be removed from the Acreditta System.
Restrictions on the use of the Acreditta system digital badge issuer
Acreditta may, in its sole discretion, immediately remove any Acreditta Credential or Template in the System that contains, consists of or includes immoral, misleading or scandalous material; or material that may disparage or falsely suggest a connection with or discredit persons, living or dead, institutions, beliefs or national symbols. Acreditta may also immediately remove any Credential or Credential Template that a third party claims infringes or violates any of that third party's intellectual property or publicity rights until Acreditta has determined in its sole discretion that the third party's allegation has been resolved. Acreditta also reserves the right to immediately remove any credential that Acreditta determines contains misleading or inaccurate information.
a) Users may not access, use or view the Acreditta System for any other purpose.
purpose other than those specified in the System. Except as expressly provided below, Issuer and Users may not copy, modify, create derivative works from, download, republish, reproduce, transmit or distribute any aspect of the System, whether public or non-public, except for Badges and Templates. of Insignias, without the written permission of Acreditta. The Issuer or Users may not attempt to reverse engineer any aspect of the Acreditta System nor may they attempt to circumvent or evade measures employed to prevent or limit access to the Acreditta System, its underlying algorithms, programming or other information related to the Acreditta System. The Issuer and Users will take reasonable measures to ensure that non-Users do not view, access or copy any aspect of the Acreditta System. The Issuer and Users will not use, evaluate or view the Acreditta System for the purpose of designing or creating a software program or system, in whole or in part, with characteristics or functions similar to any function, feature or aspect of the Acreditta System.
b) The Issuer and Users must not use any device, software or routine that interferes or attempts to interfere with the normal functioning of the Acreditta System. Acreditta will have the right to control and review the information transmitted or received through the Acreditta System. Acreditta reserves the right to take reasonable measures to address violations of these Issuer Terms of Service.
You agree that by using or accessing the Service, you will not:
(a) post, transmit, sell, share or otherwise make available unsolicited commercial email or “spam.” This includes, but is not limited to, unethical marketing or advertising or any other practice that is in any way connected to “spam,” such as (i) sending bulk emails to recipients who have not requested it be sent or with a return address false, (ii) promote a site with inappropriate links, titles or descriptions, or (iii) promote your site by posting multiple identical submissions in public forums;
(b) use or launch any automated system, including, without limitation, “robots”, “spiders”, “offline readers”, etc. who access the Service in such a way as to send more request messages to the Service's servers than a human being could reasonably produce in the same period of time using a conventional Internet browser;
(c) post, transmit, sell, share or otherwise make available any material 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;
(d) disrupt or interfere with the Service or servers or networks connected to it, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(e) harm, harass or otherwise violate the rights of others in your use of the Service;
(f) impersonate any person or entity, including, without limitation, an Acreditta official, forum attendant, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) violate any applicable local, state, national or international law, whether intentionally or unintentionally;
(h) encourage or provide instructional information about illegal activities, encourage physical harm or injury to any group or individual, or encourage any act of cruelty against animals;
(i) exceed the scope of any Acreditta service or product for which you have registered, for example, by accessing and using tools that you do not have the right to use or by deleting, adding or otherwise modifying other people's comments or content ; and
(j) collect any personally identifiable information, including account names, from the Service.
You understand that by using the Service you may be exposed to Content that you consider offensive, indecent or objectionable. You acknowledge that Acreditta does not pre-screen User Content or Third Party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content or Site Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
7. INTELLECTUAL PROPERTY POLICY
Acreditta respects the intellectual property and other rights of third parties, and we ask that you do the same. You are prohibited from uploading, posting or otherwise transmitting on or through the Service any Content that infringes the intellectual property rights or other rights of third parties. Acreditta is not responsible for the behavior of its users and has no liability for User Content or for the loss or deterioration thereof.
It is Acreditta's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who may be single or repeat infringers of the copyrights or other intellectual property rights of Acreditta or third parties.
8. COPYRIGHT LAW OF THE DIGITAL ERA
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify Acreditta's copyright agent, as set forth in the Copyright Law Copyright Act (“DMCA”).
For your complaint to be valid under the DMCA, you must provide the following information in writing:
The electronic or physical signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted material that you claim has been infringed; Identification of the material that is claimed to be infringing and its location on the Service;
Information reasonably sufficient to permit Acreditta to contact you, such as your address, telephone number, and email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The above information should be sent to the following DMCA Agent:
A/A: DMCA Notice
Acredita LLC
Address: 12991 NE 19PL Miami FL, 33179
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONEY DAMAGES, COURT COSTS AND ATTORNEY FEES.
The above requirements are intended to comply with Acreditta's obligations and rights under the DMCA, including 17 USC §512(c), but do not constitute legal advice. Please note that this procedure is exclusively to notify Acreditta and its affiliates that there has been an infringement regarding your copyrighted material. It is advisable to consult an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws, Acreditta has adopted a policy of terminating, under appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. You also acknowledge that you may, in your sole discretion, limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of third parties, whether repeatedly or not.
9. ACREDITTA CATALOG
From time to time, Acreditta may offer goods and services through the Service, and may offer you or other Third Parties the ability to offer or purchase goods and services from or to Third Parties through the Service (“Third Party Transaction”). All transactions entered into in connection with this aspect of the Service are subject to and governed by the guidelines that Acreditta publishes from time to time, as well as these Terms of Use. The Guidelines are subject to change without notice at any time, at Acreditta's sole discretion. You should review the Guidelines prior to each Third Party Transaction.
You are solely responsible for your interactions with other users of the Service. The parties to a Third Party Transaction are solely responsible for their interactions with each other, for arranging payment and exchange of purchased goods or services where applicable, and
of the outcome and performance of any transaction or relationship with Third Parties through the Service. Purchases of products or services from Third Parties through Acreditta are subject to the conditions of sale of such Third Parties, as these transactions are strictly between you and the other party to the transaction.
You acknowledge that Acreditta and its subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-brands or other partners, employees, successors and assigns (the “Acreditta Parties”) are not liable for any action or inaction of any Third Party in any transaction, for any failure to perform, for the payment of any amounts due or for the delivery of any goods or services as promised, or for any other aspect of a Third Party Transaction. The ability to conduct Third Party Transactions or otherwise deal with Third Parties through the Service is provided by Acreditta “as is” and all such transactions and dealings are done at your own risk. You agree that you are solely responsible for establishing Third Party License Terms for any User Content provided by you to the Service, and that Acreditta has no responsibility for any violation by Third Parties of such Third Party License Terms, and that you therefore you are the only one responsible.
10. RATES
From time to time, Acreditta may charge fees for use of the Service. Our rates, if any, are available on the Service. Unless otherwise stated, our rates are shown in US dollars. You or your organization are responsible for paying all fees associated with the use of the Service through your account and all applicable taxes.
Additionally, third parties may charge fees for Third Party Content provided through the Service. The rates and prices charged by third parties are available in their listing on our marketplace. Certain taxes and government fees may apply to purchases you make from Third Parties through the Service. Acreditta is not responsible for any transactions between you and such Third Parties, and as a result we cannot control the quality, safety or legality of the items or services advertised, the truth or accuracy of any description, or the sellers' ability to sell or buyers to buy. We do not accept any responsibility for such taxes and government fees.
11. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding Internet behavior and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the country, jurisdiction, state and locality in which you reside. Acreditta makes no representation that the Service is appropriate or available for use in your location. Accessing the Service from your jurisdiction is at your own risk, and you are responsible for compliance with local laws.
12 LINKS
We or third parties may provide links to other Internet sites or resources. Because Acreditta has no control over such sites and resources, you acknowledge and agree that Acreditta is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on these sites. or resources or available through them. You further acknowledge and agree that Acreditta shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. .
13. INDEMNIFICATION AND WAIVER
You agree to defend, indemnify and hold harmless Acreditta and its subsidiaries, agents, managers and other affiliated companies, as well as their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, cost or debt and expenses (including, without limitation, attorneys' fees) arising in connection with: (i) your use of and access to the Service; (ii) your violation of any of these Terms of Service, including, without limitation, your violation of any of the representations and warranties set forth above; (iii) your violation of any third-party right, including, without limitation, any privacy, publicity or intellectual property right; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damage arising as a result of your User Content; (vi) any other party's access and use of the Service with your unique user name, password or other appropriate security code; and (vii) any dispute between you and one or more of our users or any Third Party offering goods and services through the Service.
14. DISCLAIMER YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON THE BASIS OF ITS CURRENT CONDITION AND AVAILABILITY. Acreditta AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT, OR AVAILABILITY OR RESULTS. Acreditta MAKES NO WARRANTY THAT (I) Acreditta WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH ACREDITTA WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ACREDITTA IS NOT RESPONSIBLE IN ANY WAY FOR ANY USER OR THIRD PARTY CONTENT. ACCESS TO ALL MATERIALS DOWNLOADED OR OTHERWISE OBTAINED
YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE THEREFORE AND HEREBY WAIVE ALL CLAIMS, CAUSES AND DAMAGES THAT MAY ARISE OUT OF OR IN CONNECTION WITH SUCH MATERIALS. ACREDITTA IS NOT RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE IN COMMUNICATION LINES, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER COMMUNICATIONS. ACREDITTA IS NOT RESPONSIBLE FOR ANY TECHNICAL FAILURES OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEM, SERVER OR PROVIDER, COMPUTER OR MOBILE PHONE EQUIPMENT, COMPUTER PROGRAMS, EMAIL OR PLAYER FAILURES DUE TO PROBLEMS TRAFFIC CNICS OR PROBLEMS ON THE INTERNET OR ON ANY SITE OR COMBINATION THEREOF, INCLUDING DAMAGES TO THE USER'S OR ANY OTHER PERSON'S COMPUTER, MOBILE PHONE OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR ARISING FROM THE USE OR DOWNLOADING OF MATERIALS RELATED TO THE WEBSITE OR THE SERVICE.
B. ACREDITTA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH AS A RESULT OF ANY PERSON'S USE OF THE SERVICE, FROM ANY USER CONTENT POSTED ON THE SERVICE OR THROUGH IT, OR ANY INTERACTION BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. YOU POST USER CONTENT ON THE SERVICE AT YOUR OWN RISK.
C. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH ACREDITTA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
E. ACREDITTA RESERVES THE RIGHT TO MODIFY ANY CONTENT OF THE SITE, COMPUTER PROGRAM AND OTHER ELEMENTS USED OR CONTAINED IN THE SERVICE AND IN ANY SERVICE OFFERED THROUGH IT, AT ANY TIME AND WITHOUT PRIOR NOTICE.
F. REFERENCE TO ANY PRODUCT, SERVICE, PROCESS OR OTHER INFORMATION BY ITS TRADE NAME, BRAND, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION OF THE SAME, OR ANY AFFILIATION WITH THEM, BY DEACREDITTA .
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL ACREDITTA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV)
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (V) BUG, VIRUS, TROJAN OR SIMILAR WHICH MAY BE TRANSMITTED TO OR FROM OUR SERVICE BY A THIRD PARTY; OR (VI) ERROR OR OMISSION IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EITHER BASED ON WARRANTY, CONTRACT, CIVIL ACTION OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY STATEMENT TO THE CONTRARY CONTAINED HEREIN, Acreditta'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LOWER OF: (i) THE AMOUNT PAID, IF ITS CASE, BY YOU TO CREDIT FOR THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE DATE OF THE CLAIM; OR (ii) THE SUM OF ONE THOUSAND DOLLARS ($1000). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT IF YOU HAVE NOT PAID ACREDITTA FOR THE SERVICE, YOU WILL BE LIMITED TO JUDICIAL REMEDY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU WILL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE ACREDITTA PARTIES, REGARDLESS OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ACREDITTA SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL BEHAVIOR OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 16. NOTICE
You acknowledge that Acreditta may establish additional general practices and limits on use of the Service. We may send you notices by email or by posting them on a website. Acreditta may also provide notice of changes to the Terms of Use or other matters by posting notices or links to notices to you generally on Acreditta. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing or sent to you in a certain manner, and you agree to keep your account contact information up to date.
17.GENERAL
Independent contractors. You and Acreditta are independent contractors, and these Terms of Use are not intended to and do not create any agency, partnership, joint venture, employment or franchise relationship.
Entire agreement. The Terms of Use, the information provided to and by you during the registration process and during the update or downgrade of your account, and any other documents incorporated into these Terms of Use by reference constitute the entire agreement between you and Acreditta. and govern your use of the Service, superseding any prior agreements between you and Acreditta (including, without limitation, any prior versions of these Terms of Use). You may also be subject to additional terms and conditions that may apply when you use other Acreditta services, Third Party Content, third party computer programs or third party services offered through the Service. In the event of a conflict between terms of these Terms of Use and an Agreement, the terms of the Agreement shall prevail.
Choice of law and jurisdiction. These Terms of Use are governed by and construed in accordance with: (i) if you reside in North or South America, the laws of the State of California and the federal laws of the United States of America, without regard to conflicts of law principles; or (ii) if you do not reside in North or South America, the laws of England and Wales. You further agree that any suit, legal action or proceeding arising out of or relating to these Terms of Use or any judgment in any court relating thereto shall be subject exclusively to: (i) if you reside in North or South America, the state or federal courts from the state of California located in Los Angeles County; or (ii) if you do not reside in North or South America, the courts of England and Wales, and you hereby irrevocably consent to the personal and exclusive jurisdiction and venue of these courts for any claim, legal action or proceeding.
Waiver and independence of conditions. Acreditta's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Use or the incorporated documents 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 that the other provisions of the Terms of Use will remain in full force and effect.
statute of limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after arising of such claim or cause of action or be forever barred.
Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Overwhelming force. Acreditta shall not be liable to you as a result of any delay or failure to perform its obligations hereunder which is due in whole or in part to an event beyond Acreditta's control.
Asignability. You may not assign your rights or obligations under these conditions without the prior written permission of Acreditta. If you consent, these Terms of Use will bind your successors and assigns. Any attempt by you to transfer your rights, duties or obligations under these Terms of Use, except as expressly provided in these Terms of Use, will be void. Acreditta may freely assign its rights, duties and obligations under these Terms of Use.
Language. Acreditta may provide translations of these conditions or other conditions or policies. Translations are provided for informational purposes. In case of inconsistency or conflict between a translation and the Spanish version, the Spanish version will prevail.
18. INFRINGEMENTS Please report any violations of the Agreement to: Acreditta LLC. Address: 12991 NE 19PL Miami FL, 33179