Terms of Service

Welcome to acue.org, the website of ACUE. ACUE offers online courses in effective teaching practices, a community network, and other services that include opportunities for interactivity between and among participants and assessments of a participant’s course work for purposes of feedback and certification (“Services”). The Services made available by ACUE include this acue.org website and the corresponding mobile site (collectively, the “Website”), the course material, lectures, texts, syllabi, study guides, self-assessment tools, quizzes, exams and other content and materials made available to users of the Website (“Course Content”), the features and functionality of the ACUE software that can be accessed via the Website and all email, chat and other communications that take place using the tools provided by the Website.

PLEASE READ THIS PAGE CAREFULLY. By browsing the Website or accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not understand or do not agree to be bound by these Terms of Use, do not browse the Website or access or use the Services. ACUE may change or modify these Terms of Use and the Services at any time by updating this posting. You should visit this page periodically to review the Terms of Use because they are binding on you. Your continued use of the Services following the posting of a change or modification to these Terms of Use will constitute your agreement to be bound by such change or modification. If you violate any of these Terms of Use, your permission to browse the Website and to access and use the Services will automatically terminate. ACUE reserves the right to pursue all available remedies for a violation of these Terms of Use.

WHAT YOU CAN AND CANNOT DO ON THE WEBSITE. ACUE grants you a limited, nonexclusive license to access and make personal, noncommercial use of the Services and the Course Content. In connection with your use of the Services and the Course Content, you may not resell or make commercial use of the Services or Course Content or copy all or any part of the Services or the Course Content for the benefit of another person or entity. You may not create derivative works of, or otherwise commercially exploit, all or any part of the Services or the Course Content. In connection with your use of the Website, you may not use data mining, data gathering or extraction tools or data analytics software; frame or otherwise enclose any trademark, logo or other proprietary information of ACUE; “mirror” any Course Content on any other server; or use any meta tags or any other “hidden text” that makes use of ACUE’s name or trademarks. You may not remove any copyright or other legal notice from any Course Content. All rights in the Services, if not expressly granted on this page, are expressly reserved by ACUE. Any unauthorized use of the Services automatically terminates the limited license granted by ACUE above.

YOUR USE OF CHAT AND OTHER COMMUNICATIONS TECHNOLOGY. The ability of instructors and students to interact, either individually or in group settings, is an important part of the online experience provided by ACUE. Your use of the Services may involve the use of chat and instant messaging technology, discussion groups, bulletin boards, news groups, forums and/or other message or communication technologies offered by the Website to enable you to communicate with others (the “Communication Technology”). You agree to use the Communication Technology only to post, send and receive messages and material that are appropriate in an academic setting which encourages collegial discussion and polite and respectful debate. By way of example, and not as a limitation, you agree that when using the Communication Technology, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
• Promote racism, bigotry, sexism, hatred or harm against any group or individual;
• Publish, post, upload, forward, distribute or disseminate any profane, defamatory, vulgar, obscene, indecent or unlawful material or information;
• Commit illegal activities or encourage others to commit illegal activities;
• Conduct surveys, contests or pyramid schemes or send junk email, spam or any other unsolicited or unwelcome messages (commercial or otherwise);
• Upload, or otherwise make available, files that contain images, graphics, photographs, videos, music or audio recordings, software or other material protected by intellectual property laws or laws governing rights of privacy or publicity, unless you own or control the rights thereto and have received all necessary consents and permissions to do the same;
• Skim, scrape, collect or store personal data or information (including directory information) about others users;
• Solicit funds, engage in advertising, promotions or sales or conduct any other commercial activities;
• Upload, or otherwise make available, files that contain viruses, malware, spyware, Trojan horses, worms, time bombs, keystroke loggers or any other similar software or programs that may damage, detrimentally interfere with, surreptitiously intercept or expropriate another’s computer, network, data or personal information;
• Create a false identity, misrepresent yourself intentionally or post content that contains intentionally inaccurate or false information, or claim a relationship with, or the ability to speak for, any other individual, business, institution or other organization for which you are not authorized to claim such a relationship;
• Publish, post, upload, forward, distribute or disseminate any disparaging statements or representations about ACUE or the Services;
• Engage in any activity intended to damage, disable, overburden or impair any ACUE server or network or to interfere with any other user’s use and enjoyment of the Website;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or the Services or attempt to probe, scan, test the vulnerability of or breach the security of any system, device or network; or
• Violate any applicable laws or regulations.

You agree that you are responsible for your own use of the Communications Technology. ACUE is not obligated to monitor the use of the Communication Technology or protect you from inaccurate, offensive, defamatory, indecent, fraudulent, objectionable or unwanted communications. However, ACUE reserves the right to review user-generated information and material posted to the Website and to edit or remove any such information and material in its sole discretion, and you agree not to continue posting any content that ACUE has previously removed. ACUE also reserves the right to terminate your access to or use of the Communication Technology at any time and without notice if ACUE determines, in its sole discretion, that a violation of the above Terms of Use for the Communications Technology has occurred. ACUE may release or disclose any information or material that you have posted to the website if ACUE determines, in its sole discretion, that such release or disclosure is necessary to satisfy any applicable law, legal process or the request of a governmental authority.

You acknowledge that you are solely responsible for any content, data and material that you post, publish, submit or distribute using your ACUE user account and/or the Communications Technology, including all comments, forum posts, notes, questions, videos and audio recordings, messages, communications, file uploads and information submitted during registration or enrollment (“User Content”). Before posting any User Content, you shall ensure that you have sufficient legal rights in the User Content to make it available to users of the Website. You shall be solely liable in all respects for any infringement or violation of the intellectual property, privacy and data protection rights of the individuals or entities whose content, data or material is included in your User Content.

You hereby grant (or, upon creation, agree to grant) to ACUE and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your User Content throughout the world in any media, subject in each case to the restrictions set forth in ACUE’s Privacy Policy. You hereby waive any moral rights you may have in your User Content. You also grant to each other user of the Website a nonexclusive license to access and use your User Content as part of their use of the Website for their own personal, noncommercial purposes.

USER ACCOUNTS AND PASSWORDS. If any of the Services requires you to open a user account, you must complete the registration process by providing ACUE with current, complete and accurate information as prompted by the applicable registration form. You will also choose a user name and a password. You agree to update your account information to keep it current. You are solely responsible for maintaining the confidentiality of your password and user account details. You are also solely responsible for any and all activities that occur under your user account. You agree to notify ACUE immediately of any unauthorized use of your user account or any other breach of security by contacting ACUE at support@acue.org. ACUE will not be liable for any losses or damages that you may incur as a result of someone else using your password or user account, either with or without your knowledge. You may not use anyone else’s user account or password at any time, with or without the permission of the account holder. While ACUE or its providers use advanced security systems and software to protect the security of your account information, ACUE cannot guarantee that unauthorized third parties will not be able to defeat ACUE’s security measures. More information on what information ACUE collects and uses about you is contained in ACUE’s Privacy Policy, which is located at www.acue.org/privacy.

THIRD-PARTY CONTENT AND MATERIALS; LINKS TO OTHER WEBSITES. ACUE may, from time to time, use and display certain videos, audio recordings, data, information and other content and material on the Website that are owned by third parties and licensed to ACUE. Your use of any such third-party content or material may be subject to additional terms and conditions which will be posted on the Website. By using the Website you agree to abide by all such third-party terms and conditions. The Website may also provide links to other websites and access to content, products and services from third parties. ACUE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACUE. When you access a third-party website, you do so at your own risk.

USE OF ACUE BRANDING AND SERVICE MARKS. The “ACUE” name and logo are protected by copyright. You may not use any of these marks, or any variations thereof, (i) without ACUE’s prior written consent, (ii) for promotional purposes, or (iii) in any way that deliberately or inadvertently claims, suggests or, in ACUE’s sole judgment, gives the appearance or impression of a relationship with or endorsement by ACUE. All trademarks not owned by ACUE that appear on the Website or on or through the Services or in the Course Content, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting any license or right to use any trademark displayed on the Website without the written permission of the owner of the applicable trademark.

USE OF ACUE COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY. The materials, data and other information used and displayed on the Website or made available as part of the Services or the Course Content are the property of ACUE or its licensors and are protected by copyright and other laws. In addition to ACUE’s and its licensors’ rights in individual elements of the content within the Website, ACUE owns a copyright in the selection, coordination, arrangement and enhancement of such content. Except for the limited license granted above, you are not authorized or licensed to use any materials, data and other information used and displayed on the Website or made available as part of the Services or the Course Content.

FEEDBACK AND SUGGESTIONS. ACUE welcomes your suggestions, ideas, comments and other feedback regarding the Services (“Feedback”). Feedback, even if designated as confidential by you, will not, absent a separate written agreement with ACUE, create any confidentiality obligation for ACUE. You agree that, except as otherwise provided in a separate subsequent written agreement between you and ACUE, ACUE will be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback as ACUE sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

DISCLAIMERS. THE WEBSITE AND ANY SERVICES AND COURSE CONTENT OFFERED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

ACUE MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE WEBSITE OR ANY SERVICES OR COURSE CONTENT OFFERED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE WEBSITE OR ANY SERVICES OR COURSE CONTENT OFFERED THROUGH THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) ANY COURSE CONTENT THAT IS AVAILABLE ON THE WEBSITE WILL CONTINUE TO BE MADE AVAILABLE.

ANY COURSE CONTENT OR OTHER SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR OWN DISCRETION AND RISK. ACUE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY COURSE CONTENT, SOFTWARE OR PRODUCTS OR THE UPLOAD BY YOU OF ANY USER CONTENT TO THE WEBSITE.

EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITIES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE AND THE SERVICES. IN NO EVENT SHALL ACUE OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE) THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE WEBSITE OR ANY SERVICES OR COURSE CONTENT OFFERED THROUGH THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ACUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF REMEDIES OR LIABILITY, AND ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You acknowledge and agree that the disclaimers and limitations of liabilities set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and ACUE, and that these disclaimers and limitations are an essential basis to ACUE’s ability to make the Services available to you on an economically feasible basis. You agree that any cause of action related to the Services must commence within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless ACUE, its officers, directors, faculty members, instructors, students, employees, agents and other representatives from and against any and all claims, liabilities, damages, judgments, fines, penalties, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website or any Services offered through the Website.

APPLICABLE LAW. The Website is operated by ACUE from its offices in the United States of America. ACUE makes no representation that any Service or Course Content made available on the Website is appropriate or available for use in other locations. Your access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. All matters relating to your access to, and use of, the Website and the Services and Course Content offered on the Website shall be governed by U.S. federal law or the laws of the State of New York in the United States of America. Any legal action or proceeding relating to your access to, or use of, the Website and the Services and Course Content offered on the Website shall be instituted in a state or federal court in the Borough of Manhattan, New York, United States of America. You agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Any proceedings to resolve or litigation of any dispute in any forum will be conducted solely on an individual basis. Neither you nor ACUE will seek to have any dispute heard as a class action or in any other proceeding in which either party acts in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. Please note that any use or access of the Services or Course Content by anyone under the age of thirteen is prohibited and ACUE asks that you not submit any personal information about children to ACUE.

TERMINATION. You may discontinue your access to and use of the Services at any time. These Terms of Use will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that ACUE may terminate or block your use of all or part of the Services without prior notice for any reason, including, without limitation, if ACUE believes you have engaged in conduct prohibited by these Terms of Use. You agree that upon termination or discontinuance for any reason, ACUE may delete all information related to you on the Website and may bar your access to and use of the Services.

SIGNED WRITING. You agree that these Terms of Use, when presented to you electronically, have the same effect as an agreement in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding the Services electronically from ACUE. The delivery of any communication from ACUE is effective when sent or posted by us, regardless of when you receive or read the communication. In addition, ACUE is not responsible for communications that do not reach you if you have not provided ACUE with your current contact information. If you decided not to receive notices from ACUE electronically, ACUE may cancel your account and terminate access to the Services.

WAIVER AND SEVERABILITY. The failure of ACUE to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The provisions of these Terms of Use shall be considered severable in the event that any of such provisions are held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable. Such invalid, void or otherwise unenforceable provisions shall be automatically replaced by other provisions which are valid and enforceable and which are similar as possible in term and intent to those provisions deemed to be invalid, void or otherwise unenforceable. Notwithstanding the foregoing, the remaining provisions of these Terms of Use shall remain enforceable to the fullest extent permitted by the law.

ENTIRE AGREEMENT. These Terms of Use and ACUE’s Privacy Policy together constitute the entire agreement between you and ACUE with respect to your use of the Services and supersede any prior agreements between you and ACUE regarding your use of the Services. Individual courses or other products or services that are offered by ACUE may have additional terms and conditions that are binding on you. These Terms of Use are in addition to, and not in lieu of, any other product-specific legal terms.

ASSIGNMENT AND BINDING EFFECT. You may not assign these Terms of Use or any rights or obligations herein without the prior written consent of ACUE. Any attempted assignment in contravention of this provision is null and void and of no force or effect. ACUE has the right to assign these Terms of Use, and any of its rights or obligations herein. These Terms of Use are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
ACUE respects the intellectual property rights of others, and ACUE asks its users to do the same. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your copyrighted work has been copied and is accessible on an ACUE website in a way that constitutes copyright infringement, please send a notice to ACUE’s copyright agent providing the following information:
• Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including information that is sufficient for ACUE to locate the material (e.g., URL, IP address, computer name);
• Information for ACUE to be able to contact the complaining party (e.g., email address, phone number);
• A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent; and
• A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

REFUND POLICY FOR COURSE SALES TO INDIVIDUALS. If you request a refund, ACUE will provide a full refund until fifteen (15) days after payment or until you have submitted work (i.e., a reflection) to receive your first credential (i.e., badge, certificate, etc.), whichever is earlier. Refunds requested within fifteen days from purchase will be processed back to the payment method that was used to make the original purchase. Any refund granted after fifteen days from purchase is subject to ACUE’s sole discretion and may be granted in the form of a voucher to take a future Course offered by ACUE. If you are found to be in violation of ACUE’s Terms of Use, subject to ACUE’s sole discretion, you will not be entitled to receive a refund. If you have any questions regarding ACUE’s refund policy, please contact the Customer Support Team at support@acue.org.

ACUE’s copyright agent for notice of claims of copyright infringement can be reached as follows: The Association of College and University Educators, 85 Broad Street, 18th Floor, New York, New York 10004, Attention: General Counsel.
Effective Date: August 15, 2015.