PDF Version

Terms of Use

Acus Learning Systems, LLC and PublicWorksTraining.com

 

February 12, 2016

 

Welcome to the PublicWorksTraining.com website, hosted by Acus Learning Systems, LLC.

 

By using this website, you agree to comply with and be bound by the following Terms and Conditions of Use. Please review these Terms carefully.

 

If you do not agree to these terms, you should not use this website in any manner whatsoever.

 

Definitions

  1. “Agreement” or “Terms” refers to these Terms and Conditions of Use Agreement and any subsequent modifications.

  2. “Site”, “Website” or “Websites” all refer to the PublicWorksTraining.com website or sites controlled by the Company or in partnership with the Company.

  3. “Company”, “Us”, “We”, “our” all refer to Acus Learning Systems, LLC.

  4. “You”, “User” or “Your” refers to the person, agency, company, organization or entity represented by that person, which enters into this agreement with the intent of using or viewing Published Content on this Site or submitting content to this Site.

  5. “Published Content” refers to any video, audio, hard copy materials, or digital file materials housed on this Site.

  6. “Services” refers to any service You acquire through this Site such as streamed recordings, live webinars, face-to-face training, support, advice, etc.

  7. “Submission” refers to reviews, suggestions, feedback and ideas communicated by You to Us.

  8. “Content Provider” refers to a trainer or presenter that submits content to be published on our Site.

 

Acceptance of Agreement

  1. You agree to the terms and conditions outlined in this Agreement with respect to use of our Site. This Agreement constitutes the entire and only agreement between Us and You, and supersedes all prior agreements with respect to the Site and the Published Content and Services provided by or through the Site.  

  2. This agreement may be amended by us at any time without specific notice to You.  The most recent agreement will be posted on the Website and dated accordingly. 

  3. You should review any amended agreement prior to using the Site. 

  4. Whether or not You review this agreement, or any amended version, You agree to be bound by its terms. 

 

Limited License

  1. Acus Learning Systems, LLC hereby grants each paid user a limited, non-exclusive, non-sublicensable and non-transferable license to access the Published Content and Services available in the Site’s training library according to the provisions contained in this Agreement, and subject to the payment of the applicable pay-per view or subscription fees.   Depending on the Published Content You purchase, You may also receive a limited, non-exclusive, non-sublicensable and non-transferable right to copy Published Content for Your sole use.

  2. Your purchase of Our Published Content and Services does not include any additional consultant services from the Content Providers. 

 

Restrictions and Prohibited Conduct

Your license for access and use of the Site and any Published Content and Services is subject to the following restrictions and prohibitions on use:

  1. You will not otherwise use the Site in any manner that would constitute a breach of this Agreement.

  2. (Except for the express limited purposes permitted by Section 3 above), You will not use the Site to copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Published Content housed on the Site.

  3. You will not use the Site to create compilations or derivative works of any Published Content from the Site.

  4. You will not use the Site to transmit, post, link to, or otherwise distribute any materials, information or content advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability.

  5. You will not use the Site in a manner that is contrary to law or would serve to restrict or inhibit any other person from using the Site or the Internet in general.

  6. You will not use the Site to send or transmit any junk e-mail, duplicative or unsolicited messages, chain letters, or engage in “phishing” and “spamming” or any other illegal activity.

  7. You will not use the Site to direct traffic to other websites or content by tricking people into clicking links or advertisements, by using any form of cloaking, hidden frames, pop ups, traffic exchange networks, purchased lists, black hat SEO, redirect links, hidden links, cloaking links, purchased visitor schemes or any other form of automated traffic.

  8. You will not use the Site to post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.

  9. You will not use the Site to post, transmit, link to, or otherwise distribute any information, materials, software or content which contains a virus, Trojan horse, worm or other harmful or disruptive component.

  10. You will not use the Site to gain unauthorized access to the Site, other users' accounts, names, personally identifiable information or other computers, web sites or pages.

  11. You will not use the Site to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site.

  12. You will not use the Site to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or Your use of the Site, unless You have obtained the express, prior permission of such other person to do so.

  13. You will not use the Site or any Published Content obtained from the Site to develop, of or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial or non-profit distribution of any kind, including through sale, license, lease, rental, subscription, or any other distribution mechanism.

  14. You will not use any Published Content from the Site in any manner that may infringe any copyright, trademark or other intellectual property or proprietary right of us or any third party.

  15. You will not make any portion of the Site or Published Content on the Site available through any timesharing system, the Internet or any other technology, now existing or developed in the future.

  16. You will not remove, decompile, disassemble or reverse engineer any Site software or Published Content on the Site, or use any network monitoring or discovery software to determine the Site architecture.

  17. You will not use any automatic or manual process to harvest information from the Site.

  18. You will not use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and/or (3) unsolicited telephone calls or facsimile transmissions.

  19. You will not export or re-export the Site, or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States or other country.

  20. To ensure that users of the Site do not engage in Prohibited Conduct, the Company reserves the right to monitor use of the Site, including login frequency and IP addresses connecting to the site, and reserves the right to revoke or deny access to the Site and its Published Content to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the Published Content available at the Site beyond that of normal patterns of use that suggests systematic copying of the materials or sharing of passwords constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by the Company.

 

Your Access as a User

We reserve the right at any time, and without cost, charge or liability, to terminate a User Account or to otherwise deny a User access to the Site for any reason, including, without limitation:

  1. any misrepresentation in the information provided in any Application for a User Account;

  2. complaints received from Content Providers, other Users or third parties;

  3. failure by You to make any payment to Acus Learning Systems, LLC that is required to be made to us;

  4. our receipt of Your request to terminate Your account;

  5. unanticipated technical issues associated with the Site;

  6. any request received by us from any law enforcement or other government or regulatory agency;

  7. any breach by You of this Agreement.

 

Your Access as a Content Provider

  1. If You are interested in offering content on the Site, You must first agree to be bound by this Agreement. You may then review the Site and additional Content Provider agreements to determine if you wish to become a Content Provider.

 

Errors, Corrections and Changes

  1. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or available when or as much as You would like it to be.   We will use commercially reasonable efforts to prevent any of the above and keep the site fully functional. 

  2. We do not represent or warrant that any Published Content available on or through the Site will be complete, timely, correct, accurate, reliable or appropriate for Your purposes.  

  3. We may make changes to the features, functionality or Published Content of the Site at any time and without cost, charge or liability.

  4. We reserve the right to edit, delete or add Published Content on the Site, or to modify or discontinue, temporarily or permanently, any portion or all of the Site, without notice to You.

 

Respect of Copyrights

  1. Acus Learning Systems, LLC, PublicWorksTraining.com, its Content Providers and its distribution platform provider shall retain all worldwide rights of the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site (unless indicated as public domain) is copyrighted, trademarked, or otherwise protected and owned or licensed by Acus Learning Systems, LLC, its Content Providers, or its distribution platform provider. 

  2. Except as expressly stated on the Site or in these Terms, or within Your specific purchase, nothing that You read or see on the Site or in the training library may be copied, reproduced, modified, republished, transmitted, distributed, displayed or performed for commercial use without the prior written consent of Acus Learning Systems, LLC.

 

Trademarks

  1. All products, services and company names mentioned on the Site are trademarks of their respective owners.

 

Unlawful Activity

  1. We reserve the right to investigate violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity, disclosing any information necessary or appropriate relating to Your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Nontransferable

  1. Your right to use the Site is not transferable or assignable. Any user name, password, activation key or promotional code given to You belongs to You alone, and is not transferable.

  2. You will not reveal Your user name or password to any other party, and You will take reasonable steps to protect Your user name and password from disclosure.

  3. You are responsible for any use of Your account, user name, password and/or activation key by any other party.

 

Indemnification

  1. The site and all Published Content provided on, from or through the site is provided “as-is” and “as available”, and all warranties or conditions, express or implied, statutory or otherwise, are expressly disclaimed and are hereby waived by You.  Your use of the site, and any Published Content accessed on or through the site, is at Your own risk. 

 

Disclaimer of Liability

  1. While Acus Learning Systems, LLC strives to make the Published Content on this Site as timely and accurate as possible, the Company makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the Published Contents of this site, and expressly disclaims liability for errors and omissions in the Published Contents of this site.

  2. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given with respect to the Published Contents of this website or its links to other Internet resources.

  3. Reference in this site to any specific commercial product, process, or service, or the use of any trade, firm or corporation name is for the information and convenience of the User, and does not constitute endorsement or recommendation by the Company.

  4. If You are dissatisfied with the Site, with this Agreement, with how our Published Content is offered, with our performance or with anything else that relates to the Company, Your sole and exclusive remedy is to discontinue use of the site.

  5. Should any arbitrator or court award any damages despite the foregoing disclaimers of liability, such damages for any and all claims under this agreement shall not in the aggregate, in any circumstance, exceed the amount You paid to us in the four months immediately preceding the date on which Your complaint was first brought to the Company’s attention.

 

Use of Information

  1. We reserve the right, and You authorize us, to use and assign all the information regarding Site use by You and all information provided by You in any manner consistent with our Privacy Policy (see Section 16 below).

  2. All Submissions (reviews, suggestions, feedback and ideas) submitted by You to Us become our property and we reserve the right to delete any such submissions from the Site.

  3. Unless previous negotiated, the Company is entitled to use any Submission for any commercial or other purpose whatsoever, without compensation. 

  4. This section does not include submission of training or presentation content.  See Content Provider Agreement for those terms.

 

Privacy Policy

  1. Our Privacy Policy may change from time to time.  It is incorporated herein by reference and forms an integral part of this Agreement.

  2. You must review this Privacy Policy by clicking on this link [ PWT.com page ]

 

Third Party Services and Charges

  1. Your Internet service provider, wireless mobile service provider, telephone provider or other third parties charge You for use of their services through which You access the Site. You alone are responsible for entering into separate agreements, and paying for all fees and charges for such use.

 

Computer Hardware

  1. The Company has no responsibility to provide or maintain any computer or other hardware that You may require to connect to or access the Site.

 

Third Party Content

  1. The Site and its Published Content may contain links to third party content and websites. We are not responsible for the content, accuracy or opinions expressed in such websites and do not endorse either.  These websites are not monitored or checked for accuracy by the Company. If You decide to leave the Site and access this third-party content and websites, You do so at Your own risk.

 

Legal Compliance

  1. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site and the Published Content provided by the Site.

 

General Provisions 

  1. This Agreement shall be governed and enforced according to the laws of the State of Michigan.   If written notice of a dispute is not provided to us within one (1) year after the cause of action arose, the subject matter of such dispute shall be forever waived and barred. All proceedings shall be subject to the disclaimers and other provisions set forth in this Agreement.  The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

  2. This Agreement and all incorporated agreements and Your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.

  3. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

  4. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

  5. This Agreement ensures to our benefit and to the benefit of our successors and assigns, and is binding on You, together with Your heirs, executors, administrators and successors.

  6. You and we have required and agreed that this Agreement be drawn up only in English and not in any other language.

  7. All of our rights under this Agreement shall survive any termination of this Agreement for any reason whatsoever.

 

Contact Us

If you have any questions about this Privacy Policy, the website or the services, please contact us at:

 

Acus Learning Systems, LLC

PublicWorksTraining.com

200 Michigan Street, Suite 409

Hancock, MI  49930

906-275-8395

info@publicworkstraining.com

 

Training on Your Schedule
No Travel Expense or Hassle
Online, Anytime, Through Any Device
Want to talk?  906.275.8395
Email a Question? 
Terms of Use
Privacy Policy
© 2019 Acus Learning Systems, LLC