TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO PLACING AN ORDER, PURCHASING AN ONLINE PRODUCT OR OFFERING, OR ENROLLING IN AN EXAMINATION, COURSE, OR MEMBERSHIP WITH THE NATIONAL ACADEMY OF SPORTS MEDICINE ("ACHIEVE WELLNESS"), A DIVISION OF ASSESSMENT TECHNOLOGIES INSTITUTE, LLC. THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU ("YOU," "YOUR") AND ACHIEVE WELLNESS, AND GOVERN YOUR USE OF ACHIEVE WELLNESS PRODUCTS, OFFERINGS, MATERIAL, COURSES, AND MEMBERSHIP, WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE, INCLUDING, BUT NOT LIMITED TO, ACHIEVE WELLNESS CURRICULUM, BOOKS, COURSE CONTENT, INSTRUCTIONAL AND TEST PREPARATORY MATERIALS, VIDEOS, TUTORIALS, TESTING AND ASSESSMENT MATERIALS, MEMBER SERVICES, USE AND ACCESS TO WEBSITES AND RELATED ACHIEVE WELLNESS RESOURCES AND SERVICES (COLLECTIVELY REFERRED TO HEREIN AS "ACHIEVE WELLNESS PRODUCTS") MADE AVAILABLE TO YOU BY ACHIEVE WELLNESS, INCLUDING BUT NOT LIMITED TO, THROUGH ACHIEVE WELLNESS'S LIVE AND ONLINE SERVICES ("ACHIEVE WELLNESS SERVICES"). ACHIEVE WELLNESS PRODUCTS AND ACHIEVE WELLNESS SERVICES ARE REFERRED TO HEREIN AS "ACHIEVE WELLNESS MATERIALS." YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH ACHIEVE WELLNESS, ORDERING OR ENROLLING WITH ACHIEVE WELLNESS. BY CLICKING "I ACCEPT", OR BY ORDERING, ENROLLING IN AN EXAMINATION, COURSE, OR MEMBERSHIP WITH ACHIEVE WELLNESS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT CLICK "I ACCEPT", AND/OR PROMPTLY RETURN THE NEW, UNUSED AND UNOPENED MATERIALS TO ACHIEVE WELLNESS FOR A REFUND PURSUANT TO THE TERMS OF THIS AGREEMENT.
By purchasing any ACHIEVE WELLNESS Materials, enrolling in an examination, course, or membership with or through ACHIEVE WELLNESS, you are legally bound to the following terms and conditions. Prices, terms and offerings on ACHIEVE WELLNESS's website are subject to change at any time without notice.
YOUR ACHIEVE WELLNESS ACCOUNT
Prior to creating an account with ACHIEVE WELLNESS ("Account"), you will be required to provide certain information. Upon establishing an Account, you may be provided by ACHIEVE WELLNESS with a username, access code or product code. When establishing your Account, You agree to provide complete and accurate information to ACHIEVE WELLNESS and to permit ACHIEVE WELLNESS to store and use your registration data for use in maintaining your Account. You agree to protect your username and password, as well as any access codes and product codes provided by ACHIEVE WELLNESS, and not share them with others or permit any unauthorized use of the ACHIEVE WELLNESS Materials. By establishing an Account, you certify and represent that you will be the person taking the course(s) or assessment(s) for which you have registered and that any attestations which you are required to complete in connection with the foregoing will be completed only by you.
You understand and agree that ACHIEVE WELLNESS Materials constitute intellectual property and proprietary material that is owned by ACHIEVE WELLNESS, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by ACHIEVE WELLNESS and its licensors. ACHIEVE WELLNESS and other ACHIEVE WELLNESS trademarks, service marks, graphics, and logos used in connection with the ACHIEVE WELLNESS Materials are trademarks or registered trademarks of ACHIEVE WELLNESS in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the ACHIEVE WELLNESS Materials may be the trademarks of their respective owners. ACHIEVE WELLNESS and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
You agree to abide by all copyright notices and restrictions contained on www.Achieve Wellness.org, on the ACHIEVE WELLNESS Materials and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, transmit or otherwise use any Materials, except that you may download one copy of any ACHIEVE WELLNESS Materials accessible online so long as you comply with the terms of this Agreement. All ACHIEVE WELLNESS Materials are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on the ACHIEVE WELLNESS Materials. All rights are reserved.
ACHIEVE WELLNESS Materials are not provided for redistribution or resale under this Agreement.
ACHIEVE WELLNESS Materials made available to you by ACHIEVE WELLNESS are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to ACHIEVE WELLNESS. Your license to use ACHIEVE WELLNESS Materials is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each ACHIEVE WELLNESS Material, including any updates or enhancements thereto. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, ACHIEVE WELLNESS grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the ACHIEVE WELLNESS Materials (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the ACHIEVE WELLNESS Materials). You agree to use ACHIEVE WELLNESS Materials only as permitted under this Agreement and any terms delivered with the ACHIEVE WELLNESS Materials. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use ACHIEVE WELLNESS Materials. If ACHIEVE WELLNESS reasonably suspects that you have violated this Agreement, or if you have not paid fees any fees that are due and payable by you to ACHIEVE WELLNESS, then, without notice to you, ACHIEVE WELLNESS may terminate this Agreement, the license, and your Account and deny you further access to ACHIEVE WELLNESS Materials. Upon termination of this license, you shall cease all use of the ACHIEVE WELLNESS Materials and remain liable for paying all amounts that may be due and payable by you to ACHIEVE WELLNESS. ACHIEVE WELLNESS reserves the right to modify, suspend, remove, or disable access to any ACHIEVE WELLNESS Materials at any time without notice and in no event will ACHIEVE WELLNESS be liable for making any such changes.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of ACHIEVE WELLNESS Materials. You will not use the ACHIEVE WELLNESS Materials in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the ACHIEVE WELLNESS Materials except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. ACHIEVE WELLNESS Materials may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
ACHIEVE WELLNESS Materials were developed using private funds and are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
USE OF LINKS
DISCLAIMER OF WARRANTIES
ACHIEVE WELLNESS MATERIALS, INCLUDING BUT NOT LIMITEED TO, ACHIEVE WELLNESS COURSES, SERVICES, AND RELATED MATERIALS AND PRODUCTS, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND ACHIEVE WELLNESS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL NAMS MATERIALS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY ACHIEVE WELLNESS EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, ACHIEVE WELLNESS MATERIALS AND SERVICES IS AT YOUR SOLE RISK. ACHIEVE WELLNESS DOES NOT WARRANT FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN ACHIEVE WELLNESS MATERIALS OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF ACHIEVE WELLNESS MATERIALS. ACHIEVE WELLNESS TAKES PRECAUTIONS TO PROTECT ACHIEVE WELLNESS, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. ACHIEVE WELLNESS DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF ACHIEVE WELLNESS MATERIALS OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. ACHIEVE WELLNESS MATERIALS AND SERVICES ARE PROVIDED TO YOU WITH THE UNDERSTANDING THAT ACHIEVE WELLNESS IS NOT RENDERING TO YOU ANY MEDICAL, LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICE OR ADVICE. IF SUCH ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
LIMITATION OF LIABILITY
IN NO EVENT WILL ACHIEVE WELLNESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE ACHIEVE WELLNESS MATERIALS, INCLUDING WITHOUT LIMITATION SERVCIES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, ACHIEVE WELLNESS'S LIABILTY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall ACHIEVE WELLNESS's total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accepting this Agreement and using the ACHIEVE WELLNESS Materials, you agree that you will indemnify and hold ACHIEVE WELLNESS, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the ACHIEVE WELLNESS Materials, or any action taken by ACHIEVE WELLNESS to protect its intellectual property, including, but not limited to, suspension or termination of your access to ACHIEVE WELLNESS.
ACHIEVE WELLNESS's logos, trademarks, and servicemarks ("Marks") are owned by ACHIEVE WELLNESS. You may not use the Marks without the prior written approval of ACHIEVE WELLNESS.
ACHIEVE WELLNESS reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of ACHIEVE WELLNESS Materials.
Your access to online course ACHIEVE WELLNESS Materials will expire three years from your enrollment date (provided the version of the enrolled ACHIEVE WELLNESS Materials is still available).
This Agreement is governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No ACHIEVE WELLNESS employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.
This Agreement is the entire and exclusive agreement between ACHIEVE WELLNESS and you regarding your use of ACHIEVE WELLNESS Materials and replaces any prior agreements between you and ACHIEVE WELLNESS regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. ACHIEVE WELLNESS's failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. ACHIEVE WELLNESS is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of ACHIEVE WELLNESS's control. This Agreement, and the license rights granted herein, are not assignable by you and any attempt to do so is of no force and effect.
ACHIEVE WELLNESS reserves the right to take steps ACHIEVE WELLNESS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ACHIEVE WELLNESS has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ACHIEVE WELLNESS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ACHIEVE WELLNESS's right to cooperate with any legal process relating to your use of the Services and/or Materials, and/or a third-party claim that your use of the Services and/or Materials is unlawful and/or infringes such third party's rights).
Last updated 04/01/2016