Terms of Use

What are the Services?

AIPTD is a nonprofit organization dedicated to professional training and education. Through the Services we offer educational content, courses, workshops, certifications, memberships, and related programs, and we make information about our organization and mission available to the public. We may add to, change, or discontinue the Services from time to time as described below.

What are the basics of using the Services?

Eligibility and Account Registration

The Services are available only to individuals who can form legally binding contracts under applicable law. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may use the Services, and in particular register for or purchase any paid program, only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. A parent or legal guardian who permits a minor to use the Services is responsible for the minor’s activity in connection with the Services, including any fees incurred. All personal data we collect will always remain subject to our Privacy Policy.

You may be required to sign up for an account and select a password and username (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You are responsible for keeping your credentials confidential and for all activity associated with your account, and you agree to notify us immediately of any unauthorized use.

Your Content

Some features of the Services, including live workshops and interactive sessions, may allow you to upload, submit, post, or share documents, images, code, screen contents, or other materials. Before doing so, you must ensure you have the proper rights and permissions. The IP Rights in the Services section below has more information about your rights to your content and the rights you grant to us.

Third-Party Services and Linked Sites

The Services may contain links to, or allow you to connect with, websites and services operated by others (“Third-Party Services”). We are not responsible for the operation, content, accuracy, or privacy practices of any Third-Party Service, and the inclusion of a link does not imply our endorsement. When you access a Third-Party Service, you do so at your own risk, and we encourage you to review its terms and privacy policy. By using the Services, you release us from all liability arising from your use of any Third-Party Service.

General

You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law or infringes on any third-party rights.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions. You represent, warrant, and agree that you will not use the Services, or interact with the Services, in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including AIPTD);

(b) Violates any law or regulation, including any applicable export control laws;

(c) Is harmful (to yourself or others), fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs any form of auto-responder or spam on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services, including by placing an unreasonable load on the Services’ infrastructure;

(h) Crawls, scrapes, or spiders any page, data, or portion of or relating to the Services or Content, through manual or automated means;

(i) Copies, distributes, or discloses any part of the Services other than as expressly permitted, or uses the Services or Content to develop a competing product or service; or

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Registrations, Payments, and Donations

Some of our Services, such as courses, workshops, certifications, and memberships, may require payment, and you may also choose to make donations. When you register for a paid program or make a donation, you agree to provide accurate and complete payment information and to pay all applicable fees. Payments are processed by our third-party payment processor, and your payment information is handled as described in our Privacy Policy. Fees, billing frequency, and any renewal terms will be presented to you at the time of registration and are governed by our Registration Payment Terms referenced above. Cancellations, deferrals, and refunds are governed by our Cancellation and Deferral Policy referenced above.

IP Rights in the Services

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, and course and instructional materials (all of the foregoing, the “Content”), are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s rights.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content and the Services for your own noncommercial, personal, and educational purposes. You understand that we own the Services, and except as expressly provided you will not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services or Content.

Do I have to grant any licenses to the Services or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to operate the Services and, where applicable, to allow other users to view your User Submissions, you grant us certain rights in them. These licenses are subject to our Privacy Policy to the extent a User Submission includes your personal information.

For all User Submissions, you grant AIPTD a license to host, store, translate, modify (for technical purposes, such as making sure your content is viewable across devices), reproduce, and otherwise act with respect to your User Submission in order to operate and provide the Services. This is a license only, and your ownership in your User Submissions is not affected.

If you store a User Submission in your own account in a manner not viewable by any other user (a “Personal User Submission”), you grant us the license above and a license to display, perform, and distribute it for the sole purpose of making it accessible to you and providing the Services.

If you share a User Submission only with certain specified users (a “Limited Audience User Submission”), you grant us the licenses above and a license to display, perform, and distribute it for the sole purpose of making it accessible to those users, and you grant those users a license to access it as permitted by the functionality of the Services.

If you share a User Submission publicly, or if you provide us with any feedback, suggestions, or feature requests relating to the Services (a “Public User Submission”), you grant us the licenses above and a license to display, perform, and distribute it, and all other rights necessary to use and exercise all rights in it, in connection with the Services, and you grant all other users a license to access it.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. In performing the technical steps required to provide the Services, we may make changes to your User Submissions to conform and adapt them to the technical requirements of our networks, devices, services, or media, and the licenses above include the rights to do so.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom it originated, and you access all such content at your own risk. We are not liable for any errors or omissions in that content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you interpret and use the Content or what actions you take as a result, and you release us from all liability for having acquired or not acquired Content through the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so. You will keep your registration information accurate and current, and you are responsible for all your activity in connection with the Services.

What if I see something on the Services that infringes my copyright?

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, please visit our Copyright Dispute Policy. Notices of alleged infringement may be sent to our Designated Agent at: American Institute for Professional Training and Development, Inc., 2108 N St Ste C, Sacramento, CA 95816, or dmca@aiptd.org. To learn more about the Digital Millennium Copyright Act (the “DMCA”), visit https://www.copyright.gov/legislation/dmca.pdf.

Will the Services ever change?

We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, introduce new Services, or impose limits on certain Services or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, when practical.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means. If you do not agree with the new Terms, you are free to reject them, but that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What if I want to stop using the Services?

You are free to stop using the Services at any time. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using the Services.

We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us (including the “Dispute Resolution” section below).

What about my privacy?

We take the privacy of our users very seriously. Please refer to our Privacy Policy for information about the personal data we collect.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@aiptd.org.

What else do I need to know?

Warranty Disclaimer

Neither we nor our licensors or suppliers make any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from us or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE FEES PAID BY YOU TO US FOR THE SERVICES (EXCLUDING ANY DONATIONS OR OTHER CHARITABLE CONTRIBUTIONS) IN THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold us and our affiliates, officers, directors, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Governing Law and Jurisdiction

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof, except as otherwise provided in the “Dispute Resolution” section below. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California, except as may otherwise be provided in the “Dispute Resolution” section below.

Dispute Resolution

Please read this carefully. It affects your rights. YOU AND AIPTD AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES, TO ANY PRODUCTS, PROGRAMS, OR SERVICES SOLD, PROVIDED, OR DISTRIBUTED BY OR THROUGH AIPTD, TO THESE TERMS, OR TO THE CONTENT AND/OR USER SUBMISSIONS ON THE SERVICES SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or AIPTD’s right to seek injunctive or other equitable relief in state or federal court in San Francisco to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.

“Disputes” shall include, but are not limited to, any claims or controversies between you and AIPTD against each other related in any way to or arising out of in any way from the Services, the Content, or User Submissions, including but not limited to registrations, sales, donations, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and AIPTD, even if the claim arises after you or AIPTD has terminated the Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) AIPTD brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and AIPTD, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with AIPTD; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Dispute Notice

Before initiating an arbitration, you and AIPTD each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: American Institute for Professional Training and Development, Inc., 2108 N St Ste C, Sacramento, CA 95816, or emailed to dispute@aiptd.org. AIPTD will provide a Notice of Dispute to you via the email address associated with your User ID. You and AIPTD agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within 45 days of receipt of the Notice of Dispute, you or AIPTD may commence an arbitration proceeding.

Arbitration Process and Procedure

Unless you and AIPTD agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and AIPTD expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND AIPTD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and AIPTD each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

Hearing

If your claim does not exceed $5,000, you and AIPTD agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and AIPTD submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or AIPTD, or deemed necessary by the arbitrator, you and AIPTD agree that the hearing will be conducted telephonically or videographically.

Arbitrator’s Decision

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

Fees

It is each party’s responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, AIPTD will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Small Claims & Government Actions

As an alternative to arbitration, you or AIPTD may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against AIPTD on your behalf.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves as we see fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Each party to these Terms agrees that these Terms are the complete and exclusive statement of the mutual understanding between the parties, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of ours, and you do not have any authority of any kind to bind us in any respect whatsoever. We each agree there are no third party beneficiaries intended under these Terms.

How can I contact AIPTD?

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@aiptd.org or by mail at: American Institute for Professional Training and Development, Inc., 2108 N St Ste C, Sacramento, CA 95816.