Terms & Conditions of Use
1.1 Welcome to ACI Learning. We hope that you enjoy your experience and thank you for subscribing. These Terms and Conditions of Use (the “Agreement”) govern your use of the Internet-based learning service provided through this site (“Service”). The Service consists of computing and information services and software, information, interactive forums, and other content provided by ACI Learning and its affiliates (“ACI Learning”).
1.2 By using or accessing the Service, you acknowledge and agree to comply with and be legally bound by the terms and conditions of this Agreement. Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by using the Service, downloading a course, or by purchasing any of our products. ACI Learning is committed to transparency and accountability in the way we provide the Service to our subscribers.
1.3 ACI Learning may revise this Agreement (including policies or agreements which are incorporated herein) from time to time and will post revisions to https://www.itpro.tv/terms/ prior to such changes becoming effective. You acknowledge and agree that ACI Learning may notify you by posting the revisions to https://www.itpro.tv/terms/ and that your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes. If changes to this Agreement involve a new use of subscribers’ personal information or a new means of processing that information, ACI Learning will provide specific notification of those changes to you prior to the start of the new use or processing.
2. Grant of License:
2.1 Grant of License — Individual Plan: The Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service. All content included in or made available through the Service, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents, is the exclusive property of ACI Learning or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally. All rights not expressly granted to you are reserved and retained by ACI Learning or its licensors, suppliers, publishers, rightsholders, or other content providers.
2.2 Grant of License — Commercial Plan: The Service is for commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service; provided, however, that you may assign the licenses only within your organization. All content included in or made available through the Service, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents, is the exclusive property of ACI Learning or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally. All rights not expressly granted to you are reserved and retained by ACI Learning or its licensors, suppliers, publishers, rightsholders, or other content providers.
3. Use of Service Content:
3.1 You acknowledge that the Service and all Content are protected by applicable laws of the United States and foreign countries governing copyright, trademark, and other proprietary and intellectual property rights You acknowledge and agree that the Service and all Content, including all associated intellectual property rights, are the exclusive property of ACI Learning and its licensors for which all rights are reserved. You agree to comply with any additional copyright notices, information, or restrictions applicable to any Content available on or accessed through the Service. ACI Learning and all related trademarks, trade names, logos, characters, design, and trade dress are trademarks or registered trademarks of ACI Learning. or its licensors in the United States and other countries and may not be used without written permission. All other trademarks are the property of their respective owners. Please consult the Trademark Guidelines for information regarding our complete list of ACI Learning trademarks.
3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Service or Content, in whole or in part, except as expressly permitted in this Agreement. Content or any aspect of the Service comprising of or containing downloadable software may not be reverse engineered, decompiled, scraped, tracked, crawled, or otherwise viewed, accessed or obtained unless specifically authorized by its proprietor.
3.3 You may download or copy the Content only for your own individual use as provided herein, and further provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution, or publication of any Content is permitted without the express prior written permission of the owners of such Content.
3.5 You agree you shall not assert, nor will you authorize, assist, or encourage any third party to assert, against ACI Learning or any of our affiliates, business partners, licensors, licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to any Content or any aspect of the Service. If ACI Learning concludes, after investigation that an infringement has occurred, your sole remedy shall be ACI Learning’s removal of the infringing Content from inclusion in the Service as described below.
3.6 Digital Millennium Copyright Act. ACI Learning will remove infringing materials in accordance with the Digital Millennium Copyright Act if we are properly notified that the content infringes copyright. If you believe that your content has been used by ACI Learning or any other Customer or Authorized User or End User in a way that constitutes copyright infringement, please notify us in writing and by Certified Mail at: ACI Learning 6855 South Havana Suite 420, Englewood, CO 80112. Your message must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located within the Services, sufficient for ACI Learning to locate the material.
- Your address, telephone number, and email address.
- 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.
- A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owners behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify our Copyright Agent by sending us notice at the address specified above or by e-mail to firstname.lastname@example.org.
4. Service Rules of Conduct:
5. Managing Content:
ACI Learning does not review material submitted to the Service by subscribers (“Subscribers’ Content”) and is not responsible for such Subscribers’ Content. However, ACI Learning reserves the right to cancel your access to these areas and/or delete, move, modify, or edit any Subscribers’ Content, including messages posted in any forum, that they may determine, in their sole discretion, violates this Agreement. You are and shall remain solely responsible for all Subscribers’ Content posted by you or by any other person using your account.
6. No Endorsement:
6.1 ACI Learning does not represent or endorse the accuracy or reliability of any Subscribers’ Content displayed, uploaded, posted on any message board, or otherwise distributed through the Service. ACI Learning expressly disclaims any liability related to Subscribers’ Content, and you acknowledge that any reliance by you upon such Subscriber Content shall be at your sole risk.
6.2 The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Additionally, ACI Learning is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
6.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7. Subscriber Qualifications:
7.1 As part of the registration process, you will either be given an access key or a user id and password. If you are given an access key, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide the Service with any updates to that information promptly after such changes occur.
7.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. ACI Learning does not market to or collect information from individuals 18 years of age or younger. Your right to use the Service is personal to you and cannot be transferred to any other person.
7.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.
7.4 You shall be responsible for obtaining communication services, computer equipment, and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.
8. Subscriber Information, Privacy:
9. Service and System Availability:
ACI Learning uses reasonable efforts to maximize system availability. ACI Learning shall make a reasonable effort to correct any technical difficulties which may arise with the Service; however, ACI Learning is not responsible for any Service down time. ACI Learning is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, and computer hardware or software.
10. Termination of Service
10.1 With appropriate notice, ACI Learning reserves the right, in their sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service at any time for any reason without liability and without any obligation to refund any portion of fees paid. Such suspension shall not toll any subscription period; for clarity, any suspended period shall not be added to the length of any current subscription period when the suspension is lifted.
10.2 ACI Learning may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
10.3 If changes to the Service would restrict access to your personal information in a way that is prohibited by applicable law, ACI Learning will respond to requests for access to your personal information, or requests to change, modify or delete personal information associated with the Service in a reasonable time and without undue delay.
10.4 Individual Plans — You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel, otherwise all subscriptions shall automatically renew. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. We shall notify you of any change in subscription rates sufficiently prior to a rate change and sufficiently prior to your auto-renewal, and you will have the right to cancel the renewal of your subscription. If you have registered for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
10.5 Commercial Plans — We shall notify you of any change in subscription rates prior to your contract expiring. You also agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel.
11. Disclaimer of Warrantees; Limitation of Liability:
11.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF ACI LEARNING, THIRD PARTY CONTENT PROVIDERS, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF ACI Learning, NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES ACI LEARNING, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.
11.2 NONE OF ACI LEARNING, ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ACI LEARNING, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Third Party Rights:
The provisions of paragraphs 3, 4, and 11 are for the benefit of ACI Learning, third party Content providers, and its and their respective employees, agents, and contractors. Each such party will have the right to enforce such provisions directly on its own behalf.
13. Disputes and Governing Law
Please read these provisions carefully:
13.1 Unless otherwise indicated, this Agreement shall be construed in accordance with the laws of the State of Florida. If a user is a state entity, organization or governmental body, the state laws of such user shall control the interpretation and enforcement of this Agreement.
13.2 In the event of a concern or dispute between us, please send ACI Learning written notice to email@example.com describing the nature of the dispute and the relief sought.
13.2(a) If it is not resolved within 60 days, ACI Learning and you agree that any dispute arising out of or relating to any aspect of the relationship between us will not be decided by a judge or jury, but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA). This includes claims arising out of this Agreement, including claims related to statements about our products. Alternatively, you may opt out of arbitration as described below.
13.2(b) The AAA Consumer Arbitration Rules will apply. We will pay all AAA fees for any arbitration. The arbitration will occur in Alachua County, Florida. To learn more about the Rules and how to begin arbitration, you may call any AAA office or go to www.adr.org.
13.2(c)The arbitrator may only resolve suits between you and ACI Learning on an individual basis. The arbitrator cannot award relief for anyone who is not a party and may not consolidate claims. In other words, you and ACI Learning may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
13.2 (d) If you prefer, you may instead take your individual dispute to small claims court.
13.2 (e) You may opt out within 30 days after consenting to these Terms and Conditions by e-mailing ACI Learning at firstname.lastname@example.org stating your name and e-mail address and intent to opt out of the arbitration provision. If you do opt out of the arbitration provision, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Alachua County, Florida.
13.2(f) If you proceed with arbitration, you waive the right to a jury.
14.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
14.2 This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default.
14.3 The provisions of sections 3, 4, 7, 8, 10, 11, 12, and 13 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.
14.4 These terms are neither assignable nor transferrable by you, by operation of law or otherwise, without ACI Learning’s prior written consent.
14.5 ACI Learning does not offer refunds for monthly online self-paced training subscriptions. To avoid being charged for future months you must cancel your monthly subscription. Refund requests for annual ACI Learning Online Self-Paced personal subscriptions (ITPro, AuditPro and SkillsPro) must be received via email, chat or phone by ACI Learning within fourteen (14) business days of the date of purchase. Refund requests made more than fourteen (14) business days from the date of purchase will not be honored. No refunds will be granted after a subscriber has downloaded ACI Learning training content or has accessed labs or practice tests. No refunds will be granted to business/enterprise customer subscriptions. Please contact your customer success manager directly to discuss.
14.6 Refund requests for ACI Learning Virtual Labs and Practice Tests bought as a standalone must be received via email, chat or phone by ACI Learning within fourteen (14) business days of the date of purchase. Refund requests made more than fourteen (14) business days from the date of purchase will not be honored. No refunds will be granted after a customer has accessed ACI Learning Virtual Labs and Practice Tests.
15. Use Outside the United States of America:
Additional Terms and Conditions
Void Where Prohibited: This Program is void where prohibited by law.
We reserve the right to change the terms and conditions of the ACI Learning Referral Program at any time, without notice, at our sole discretion. We reserve the right to not award a Referral Reward or disqualify someone from the Program if we feel, in our sole discretion, that fraudulent behavior or other unethical conduct has occurred in any way that compromises the fairness the Program in any way. Referral Rewards cannot be combined with other promotions and are not valid for previous offers or orders. Spam, unsolicited commercial email, or any form of illegal means of communication is illegal, prohibited, and will be grounds for termination of your account and participation in this Program. Fraudulent or unethical means of communication such as using bots, fictitious identities, fake emails, or scripts is also prohibited and will result in similar actions by us with respect to terminating your account and participation in the Program. ITProTV services are subject to additional terms, conditions, and other restrictions. See ACI Learning.com for details.
Last Revised: February 1, 2023