Terms and Conditions (“Terms”)
Last updated: October 19, 2015
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.aspdgroup.com website (the “Service”) operated by Advanced Strategies for Professional Development (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
- “Course” shall mean any learning opportunity that has a start time and end time regardless of delivery method.
- “Course”, “Program”, “Class”, “Activity”, “Event”, “Workshop”, “Seminar”, and other terms referring to a learning activity are all terms which may be used interchangeably regardless of whether credit or recognition may or may not be available, and neither term holds greater or less actual or implied value on its face.
- “Online delivery” means that the delivery method for the course, program, class, or event is done through electronic means, whether synchronously, or asynchronously, and the participant/attendee will be required to receive information and return completed work electronically.
- “Blended Delivery”, and “Hybrid Delivery” shall mean the delivery method for the course, program, class, or event includes 1 or more sessions conducted at a physical location where personal attendance and participation are required by the participant/attendee, and that some portion of the course, program, class, or event is delivered and completed by the participant/attendee through online delivery methods and mechanisms.
- “Attendee”, “Participant”, or “Student” are terms that refer to the human being registered for one or more Courses.
- “Credit” is a unit of measure to document completion of established criteria, however, when credit is available, ASPD makes no warranty, explicit or implied, about the applicability or transferability of said credit, thus, it is solely the responsibility of the attendee/participant to assure that credits will be acceptable for the purpose(s) intended when submitted to a receiving entity. Credit types which may be available, if any, are specified in the registration information. ASPD is under no obligation to offer credit of any type for its Courses, and ASPD is under no obligation to provide documentation other than receipt of payment, unless otherwise specified, or unless otherwise required through a contractual arrangement with the purchaser or an entity for which ASPD is delivering a course, program, class, or event.
- “Customer” shall mean any individual or legal entity that accesses the ASPD website or services in any way at any time for any purpose.
- “Purchaser” is a person or legal entity which agrees to pay for the ASPD course, program, class, or event for a participant/attendee. The participant/attendee is the purchaser only when the participant/attendee makes a direct payment, by whatever means, to ASPD whether directly or through a third party payment processor determined by ASPD. When a third party such as an employer, school district, or another person makes payments or agrees to pay on behalf of a participant/attendee, the participant/attendee must direct all questions regarding payments to the purchaser, not ASPD, and ASPD is under no obligation to provide the participant/attendee with any information related to the terms and conditions of the purchase agreement.
- “Purchase Order” is a document issued by a corporation or other legal entity such as a governmental organization to obligate funds to ASPD to cover the fees to permit one or more individuals to attend one or more ASPD courses, programs, classes, and/or events. When ASPD accepts a Purchase Order, ASPD will provide directions, terms, and conditions for its use. ASPD reserves the right to suspend future registrations, acceptance of new Purchase Orders, or restrict admission to attendee(s)/participant(s) whose fees are covered by the Purchase Order when invoices remain unpaid for more than 30 days, regardless or reason.
- “Invoice” is a document prepared by ASPD showing outstanding fees due to ASPD by a purchaser, regardless of format.
- “Payment Processor”, or “Payment Processing Company”, “Payment Processing Corporation”, “Payment Processing Entity” and other similar terms shall mean a third party entity which accepts and processes payments made by a purchaser for goods and/or services provided by ASPD.
- “Service(s)” and “Consultant Service(s)” shall mean one or more activities which were requested by a purchaser to be provided by ASPD to meet a specified intent. Examples include, but are not limited to, curriculum development, consultant services, workshops or activities conducted at a client site, etc.
- “Refund” shall mean a return of all or part of the fees paid by a purchaser to ASPD. ASPD is under no obligation to offer a refund of any type at any time after the published start date/time for a course, program, class, activity, or event.
- “Transfer” shall mean moving an attendee/participant from one course, program, class, activity, or event, into another of equal or lesser value. ASPD is under no obligation to transfer
- “OnlineClassroom” shall mean the Learning Management System used by ASPD.
- “Learning Management System” shall mean a software application for the administration, documentation, tracking, reporting and delivery of electronic educational technology (also called e-learning) courses or training programs, as defined by Wikipedia [retrieved October 18, 2015]. The method and processes for using a LMS shall be determined solely by ASPD.
- “OnlineClassroom Access”, and “LMS Access”, shall mean the period of time which an individual has the ability to use the LMS for a specific Course. ASPD is under no obligation to provide access to the LMS for a participant/attendee beyond the end date for the course, program, class, activity, or event.
- “Us” shall mean the corporation incorporated as Advanced Strategies for Professional Development, its heirs, successors, and assigns, and licensee and licensors, and its/their employees, contractors, agents, officers and directors.
- “You” shall mean the Purchaser when referencing matters related to purchase, payment, refunds, and finances, and shall mean the Attendee/Participant when referencing Courses, coursework, learning activities, and matter pertaining thereto.
If ASPD cancels a program, class, or event, we will refund your full payment.
If YOU cancel, refunds are processed as follow:
If you cancel 15 days or more BEFORE the start date: 100% refund
If you cancel 7-14 days BEFORE the start date: 50% refund – or transfer to another course, program, or event of equal or lesser value. (See below)
If you cancel less than 7 days BEFORE the start date: 0% refund.
Transfer Policy for cancellations less than 15 days prior to an event
As a courtesy, ASPD will allow a transfer to the same course, program, class, activity, or event, offered at a future time, if any, provided space is available.
In the event that ASPD in the future does not offer a repeat of the purchased course, product, or class, or if future programs offered do not meet the purchaser’s needs, the refund policy above will apply, as written, with respect to refunding payments made for the original purchased course, program, or event.
Delivery time frame
The start and end time for each course, program, class, event, and activity is made known at the time of registration. ASPD, at its sole discretion, may modify the delivery, with or without notice, except that any modifications will assure that the activity
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by communicating to us in writing. An opt-out request applies ONLY to the individual communication.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Advanced Strategies for Professional Development has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Advanced Strategies for Professional Development or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Advanced Strategies for Professional Development and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Advanced Strategies for Professional Development.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Advanced Strategies for Professional Development.
Advanced Strategies for Professional Development has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Advanced Strategies for Professional Development shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Advanced Strategies for Professional Development and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Advanced Strategies for Professional Development, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Advanced Strategies for Professional Development its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.