Introduction (Acceptance of Terms)

Welcome to AccessAcademy. AccessAcademy provides its services to you subject to the following conditions. If you spend time on our web site, use our products or services you must accept these conditions so please read them carefully. In addition, when you use any current or future AccessAcademy service, you also will be subject to the guidelines and conditions applicable to such service or business. AccessAcademy strictly follows the policy described below, which defines the terms and conditions when accessing this web site or PathFinder Portal, and assumes your adherence to these provisions. Visiting the AccessAcademy web site, or using any of our services, constitutes your acceptance of this policy.

AccessAcademy provides its services to you subject to these conditions. Carefully review the items posted here. By working with AccessAcademy, you agree as permitted by applicable law and these Terms and Conditions, and additional policies or procedures published on the AccessAcademy.co.uk site from time to time. Customers agree to review these Terms and Conditions from time to time for changes and updates.

Privacy Policy

You should review the other AccessAcademy policies to better comprehend our practices. Registration data and certain other information about you are subject to our privacy policy. For more information, see our entire privacy policy at: http://www.accessacademy.co.uk/privacy.html

We reserve the right to make any changes to our web site or policies at any time in our sole and absolute discretion. Shall any of these conditions be deemed invalid or for any reason unenforceable, the respective condition shall be removed and will not affect the validity and enforceability of any remaining conditions.

Your Account (User Conduct)

To have the ability to access our portal and services, you must obtain access to your company intranet or the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.

AccessAcademy provides access to many aspects of the web site at no cost to the user. In consideration of your use of AccessAcademy, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, or not current, or if AccessAcademy has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, AccessAcademy has the right to disable or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

Once you complete the registration process with AccessAcademy, you will receive a unique logon ID and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of the logon ID and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify AccessAcademy of any unauthorised use of your account or any other breach of security.

You understand that all information, such as career information, personal data, text, sound, photographs, graphics, or other materials within your account or transcript, whether publicly posted or privately held within your account or transcript, is your sole responsibility, as you are the person from which this information was generated. This means that you, and not AccessAcademy, are entirely responsible for all content that you post, e-mail, transmit or otherwise make available via your account.

You are on your honour to uphold the standards of truth when taking the certification tests on our portal. Cheating is not permitted and will not be accepted. In addition, the practice of copying and sharing certification test questions for the strict purpose of passing the test and not to actually learn the material will not be tolerated. This is in violation of copyright laws and is grounds for termination of your account and prevention of further access to the AccessAcademy products.

Service and Product Availability

AccessAcademy attempts to be as accurate as possible at all times, when disclosing pricing and availability of store items on the web site. However, we do not warrant that the pricing and service content on this web site is always complete, current, reliable, or error free. There is a limited stock inventory of physical items available of store items at any given time. As a result, physical products may not be available for immediate delivery when requested.

Modifications to Service

AccessAcademy reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that AccessAcademy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Copyright and Trademarks

The content included on this web site, including, but not limited to the AccessAcademy Certification Tests, Cert Preps, text, graphics, logos, icons, images is the exclusive property of AccessAcademy and other respective owners that have granted AccessAcademy the right and license to use such property and is protected by United Kingdom and international copyright laws. All trademarks, service marks, and trade names are proprietary to AccessAcademy or other respective owners that have granted AccessAcademy the right and license to use such marks. The AccessAcademy web site contains copyrighted material, including, but not limited to: trademarks and other proprietary information, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the AccessAcademy web site without the express permission of the organisation.

The Certification Tests and their content are the intellectual property of AccessAcademy. Any reproduction or redistribution of this information without the expressed written consent of AccessAcademy is strictly prohibited. AccessAcademy shall be the sole and exclusive owner of all test questions, test question items, certifications, assessments or other test products that are offered to the general public or through exclusive contracts or agreements. AccessAcademy shall be the sole and exclusive owner of all results from test questions, test question items, or certifications, assessments or test products offered to the general public. The Certification Tests developed by AccessAcademy utilise a proprietary computer test engine. At this time, the testing development process is patent pending.

By use of this site, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Communications and Content

As a part of the service AccessAcademy provides to our registered users, we communicate via e-mail, direct mail, and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. However, even though users may request removal from the distribution of certain e-mail's, we have the right to send messages from time to time that we believe would interest them.

Registered users may post reviews, comments, suggestions, ideas, questions, or other information to the Discussion Forums, so long as the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain political campaigning or commercial solicitation. If a user posts content within the Discussion Forums, they grant AccessAcademy royalty-free, and irrevocable use to reproduce, modify, publish, translate, distribute, and display such content throughout the world in any media. AccessAcademy is granted the right to use the name submitted in connection with such content, if chosen. You warrant that you own all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AccessAcademy for all claims resulting from content you supply.

Should you post any suggestions or feedback in our Discussion Forums, you agree to transfer concepts, ideas and techniques without compensation or benefits from us, as we continue the efforts to improve and enhance the web site experience for our users.

Under no circumstances will AccessAcademy be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted within the Discussion Forums. AccessAcademy reserves the right at all times, but not the obligation, to monitor, edit or remove any activity or content deemed inappropriate for the web site. AccessAcademy takes no responsibility and assumes no liability for any content posted by its users. In addition, they can disclose any information as necessary to satisfy any law or governmental request. AccessAcademy retains the right to extract any items posted to the Discussion Forums that AccessAcademy, in its sole discretion, deems objectionable or in violation of the Terms and Conditions of Use.

Payment, Billing, and Delivery Practices

Payment: Payment for AccessAcademy services or products may be made by credit card, company cheque, bank transfer, or money order, or other means by which AccessAcademy authorise. With our Corporate clients a 30 day credit facility is available for invoiceing purposes. AccessAcademy will invoice post delivery of services and must receive payment within 30 days of the service being provided. For credit card transactions, the appropriate information is collected and the transaction takes place on our own secure, and encrypted server. The information provided is used strictly to process the order and shall not be given out to third parties.

Subscription Options: Registered users have the added option to purchase various subscription plans with AccessAcademy to gain unlimited access to the Certification Tests and/or Cert Preps. Subscribers will be automatically renewed for the original subscription term (annual, 6-month, or monthly) upon expiration unless AccessAcademy is notified of cancellation prior to expiration date. Subscribers may cancel their subscription on the AccessAcademy site. This arrangement is paid by BACS transfer or credit card payments.

Users also have the ability to upgrade their subscription-pricing plan. This can be done online or by contacting the Customer Support Team.

If you are a Special Introductory or Promotional Offer Customer, you will have either free or discounted access to the service for a specified period as advertised at the time. You will be automatically enrolled as a subscriber and your credit card will be billed at the then current subscription rate. Without exception, all promotional offers begin at the conclusion of your first paid subscription period. (For example, if the promotion is one free month if you sign up for an annual subscription, you will receive the free month access beginning on the 13th month following your subscription enrolment.) Standard subscription membership terms and fees will be automatically reinstated immediately upon the expiration of your free or discounted promotional access period.

Unless and until this agreement is cancelled in accordance with the terms hereof, the annual, 6-month, or monthly subscriber hereby authorises AccessAcademy to charge the subscriber's credit card to pay for the ongoing cost of the subscription. The subscribers hereby further authorise AccessAcademy to charge their credit card for any and all purchases of products and services.

Customers may not assign or transfer access privileges to any other person or entity. Customers must promptly inform AccessAcademy of the following: (1) changes in the expiration date of any credit card used in connection with this service; (2) changes in billing address; (3) apparent breaches of security, such as loss, theft, or unauthorised disclosure or use of an ID or password. Until AccessAcademy is notified by e-mail of a breach in security, the customer will remain liable for any unauthorised use of the service.

Subscription to the 6-month or annual subscription plan cannot be cancelled once purchased; however, the monthly subscription plan can be cancelled upon contacting Customer Support. Cancelled monthly subscriptions will take effect on the first day of the following month following the cancellation. Subscribers are liable for charges incurred by them until termination of their subscription. A subscription will remain active until the subscriber receives an e-mail confirmation of the cancellation.

Delivery: Delivery of the AccessAcademy certificates as well as store merchandise items are sent from our mail house distributor in the US or UK AccessAcademy certificates are sent via standard mail and should be received in 2 to 4 weeks (after passing the certification) for US or UK delivery, 4 to 8 for international delivery. Once ordered, store items typically take 2 to 4 weeks for delivery, depending on the available inventory in stock. Corporate clients must provide remittance within 30 days of the invoice

Refunds: AccessAcademy will not offer refunds on valid, properly executed orders. Should you have any inquires regarding a request for a refund, this should be directed to the Customer Support Team. You can also reach them directly Monday to Friday, 9:00 am - 5:30 PM (GMT) at (+44) 0845 880 18 18.

Advertiser Links

This web site contains links to Internet web sites maintained by third parties. AccessAcademy does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by AccessAcademy and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.

AccessAcademy has no editorial control over any content supplied by third party content providers and any third party users. Any resources, opinions, advice, or other statements made or expressed by such third parties are those solely of the third party.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the AccessAcademy site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AccessAcademy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.

Disclaimers and Limitations of Liability

AccessAcademy makes no express or implied warranties that your use of this Internet site (http://www.AccessAcademy.co.uk) will be uninterrupted, that messages or requests will be delivered, or that the operation of the Internet site will be error-free or secure. In addition, the security mechanisms implemented by AccessAcademy may have inherent limitations, and you must determine yourself that the web site sufficiently meets your requirements. You shall be responsible for all use of your account and maintaining the confidentiality of your password and information. We discourage your sharing of your logon ID and password with anyone; any such sharing shall be entirely at your own risk. AccessAcademy has the right to make changes, improvements and updates to any information contained on the web site without prior notice.

The accessacademy web site and its contents are provided 'as is' and the company makes no representations or warranties of any kind with respect to this web site, its contents or any product. There are no warranties created by a course of dealing, course of performance or trade usage, and accessacademy hereby expressly disclaims all warranties, either express or implied, of merchantability, fitness for a particular purpose, or noninfringement. Accessacademy shall not be liable for any direct, indirect, special, incidental or consequential damages (including, but not limited to, damages for lost revenue, lost profits, business interruption, lost information or data, computer interruption, and the like) or cost of procurement of substitute goods or services arising from or related to the use of or inability to use this internet site, even if the company shall have been informed of the possibility of such damages, or for any claim by any other party. Accessacademy does not represent or warrant that the information contained provided on this internet site is accurate, complete, or current.

All questions relating to this web site's validity, interpretations, performance and enforcement, including the Terms and Conditions of Use, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary, and without the aid of any canon, custom or rule of law requiring construction against the draftsman. Any action relating to this web site's validity, interpretations, performance and enforcement, including the Terms and Conditions, must be brought in the courts located in London (UK), and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorised representative of AccessAcademy.

AccessAcademy will not be responsible or liable to you for any delay or failure to perform under these Terms and Conditions if such delay or failure results from fire, explosion, Industrial dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, revolution, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorisation, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of AccessAcademy.

To the maximum extent allowed by law, AccessAcademy shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, AccessAcademy's materials. Through your use of the AccessAcademy web site, to the maximum extent allowed by law, you agree to indemnify AccessAcademy from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the AccessAcademy web site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. If you are dissatisfied with any material or with any of AccessAcademy's Terms and Conditions, your sole and exclusive remedy is to discontinue using the web site now.

Special Admonitions for International Use

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

Termination's

AccessAcademy shall have the right at any time to change or discontinue any aspect of the web site's operation. In addition, they reserve the right to cancel or terminate an individual's account if there is speculation of cheating, misconduct, or similar behaviours. If there is belief that you have violated the Terms and Conditions of Use, AccessAcademy has the right to deactivate or terminate your account without prior notice.

Should you wish to personally cancel your account with AccessAcademy, you will need to contact our Customer Support Team.

Customer Support

General questions or concerns about our web site and/or services can be directed to our Customer Support Team via e-mail. You can also reach them directly Monday to Friday, 9:00 am - 5:30 PM (GMT) at (+44) 0845 880 1818.

Policy Modifications

These Terms and Conditions were last modified on 11th july 2006. At any time and without prior notice, AccessAcademy shall have the right, in its sole discretion, to modify, add or remove terms of these Terms and Conditions of Use, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. YOUR CONTINUED PARTICIPATION AND USE OF THIS WEB SITE AND/OR THE ACCESSACADEMY SERVICES FOLLOWING OUR POSTING OF ANY SUCH CHANGE ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH CHANGE. Users should review these Terms and Conditions periodically as subsequent use shall constitute acceptance of any such changes.

Entire Agreement (Independent Investigation)

These Terms and Conditions represent the complete and entire agreement between AccessAcademy and you and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. You acknowledge that you have read these terms and conditions and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using this internet site, and are not relying on any representation, guarantee, or statement other than as set forth in these terms and conditions.

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