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Terms and Conditions
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Privacy Statement
Agreement between User and activateworktrain.org
Welcome to activateworktrain.org. The activateworktrain.org website (the “Site”) is comprised of various web pages operated by ActivateWork Inc. (“ActivateWork”). activateworktrain.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of activateworktrain.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
activateworktrain.org is an E-Commerce Site.
Services provided by the web site are online learning and educational services
Privacy
Your use of activateworktrain.org is subject to ActivateWork’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting activateworktrain.org or sending emails to ActivateWork constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ActivateWork is not responsible for third party access to your account that results from theft or misappropriation of your account. ActivateWork and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
ActivateWork does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use activateworktrain.org only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
activateworktrain.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ActivateWork and ActivateWork is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ActivateWork is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ActivateWork of the site or any
association with its operators.
Certain services made available via activateworktrain.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the activateworktrain.org domain, you hereby acknowledge and consent that ActivateWork may share such information and data with any third party with whom ActivateWork has a contractual relationship to provide the requested product, service or functionality on behalf of activateworktrain.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use activateworktrain.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ActivateWork that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ActivateWork or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ActivateWork content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ActivateWork and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ActivateWork or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
ActivateWork has no obligation to monitor the Communication Services. However, ActivateWork reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ActivateWork reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ActivateWork reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ActivateWork’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ActivateWork does not control or endorse the content, messages or information found in any Communication Service and, therefore, ActivateWork specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ActivateWork spokespersons, and their views do not necessarily reflect those of ActivateWork.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to activateworktrain.org or Posted on Any ActivateWork Web Page
ActivateWork does not claim ownership of the materials you provide to activateworktrain.org (including feedback and suggestions) or post, upload, input or submit to any ActivateWork Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ActivateWork, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ActivateWork is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ActivateWork’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by ActivateWork from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ActivateWork Content accessed through activateworktrain.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ActivateWork, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ActivateWork reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ActivateWork in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACTIVATEWORK INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ACTIVATEWORK INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACTIVATEWORK INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACTIVATEWORK INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACTIVATEWORK INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
ActivateWork reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Protecting your private information is our priority. This Statement of Privacy applies to ActivateWork Learning Platform Web Site, and ActivateWork Inc. and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to ActivateWork Inc. include activateworktrain.org and ActivateWork. The ActivateWork application is an Ecommerce Web Site application. By using the ActivateWork application, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered, ActivateWork may collect personally identifiable information, such as your:
First and Last Name Mailing Address
E-mail Address Phone Number Employer
Job Title
If you purchase ActivateWork’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
ActivateWork may also collect anonymous demographic information, which is not unique to you, such as your:
Age Gender Race
Household Income
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
ActivateWork collects and uses your personal information to operate and deliver the services you have requested.
ActivateWork may also use your personally identifiable information to inform you of other products or services available from ActivateWork and its affiliates.
Sharing Information with Third Parties
ActivateWork does not sell, rent or lease its customer lists to third parties.
ActivateWork may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party.
ActivateWork may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to ActivateWork, and they are required to maintain the confidentiality of your information.
ActivateWork may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ActivateWork or the site; (b) protect and defend the rights or property of ActivateWork; and/or (c) act under exigent circumstances to protect the personal safety of users of ActivateWork, or the public.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
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Privacy Statement
Protecting your private information is our priority. This Statement of Privacy applies to ActivateWork Learning Platform Web Site, and ActivateWork Inc. and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to ActivateWork Inc. include activateworktrain.org and ActivateWork. The ActivateWork application is an Ecommerce Web Site application. By using the ActivateWork application, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered, ActivateWork may collect personally identifiable information, such as your:
First and Last Name Mailing Address
E-mail Address Phone Number Employer
Job Title
If you purchase ActivateWork’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
ActivateWork may also collect anonymous demographic information, which is not unique to you, such as your:
Age Gender Race
Household Income
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
ActivateWork collects and uses your personal information to operate and deliver the services you have requested.
ActivateWork may also use your personally identifiable information to inform you of other products or services available from ActivateWork and its affiliates.
Sharing Information with Third Parties
ActivateWork does not sell, rent or lease its customer lists to third parties.
ActivateWork may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party.
ActivateWork may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to ActivateWork, and they are required to maintain the confidentiality of your information.
ActivateWork may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ActivateWork or the site; (b) protect and defend the rights or property of ActivateWork; and/or (c) act under exigent circumstances to protect the personal safety of users of ActivateWork, or the public.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: