Terms and Conditions
ATS eLearning is an innovative services company that offers end-to-end eLearning solutions to its business clients, individual students and training providers. Our goal is to deliver great courses that educate and empower the mind of our students. The ATS eLearning portal provides an accessible and intuitive interface that is easy to navigate and provides a training platform that connects people with the information they need to do business more effectively, regardless of locations or time zones. We need regulations to keep our platform and services safe for our eLearning community. These Terms apply to all your activities on the ATS eLearning website and the ATS eLearning mobile applications and other related services.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with ATS eLearning through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
Before getting started, please review the following terms. Please note that as a Buyer or Seller of content via the ATS eLearning marketplace you must review and agree to separate terms. You will be presented with such terms at the time you either purchase courses or go through the process of adding content for sale via ATS eLearning.
Registration (applies to online ATS eLearning user account only)
You understand and agree to the following:
ATS eLearning reserves the right to refuse the service to any user. You may only use the ATS eLearning website for the limited purpose of researching and purchasing eLearning courses. You may not use the ATS eLearning website for any other purpose, including, but not limited to, researching ATS eLearning customers and partners. You may not collect and record data from the ATS eLearning website, except for the limited purpose of researching the potential purchase of eLearning courses. Under no circumstances, may you use automated methods to crawl, scrape, or otherwise collect data from the ATS eLearning website.
You can deactivate, or terminate, your online user account at any time and for any reason. ATS eLearning can also deactivate, or terminate, your online user account at any time and for any reason. We also reserve the right to use any means (legal, operational, or technological) available to enforce these terms. Once deactivation occurs, your rights to access the ATS eLearning marketplace will cease to exist.
You warrant and represent to ATS eLearning that you are:
1. Not a minor and you have the legal right and ability to agree to and abide by these terms, or;
2. If you are between the ages of 13 and 17 that you have parental consent and agreement to use the ATS eLearning marketplace;
3. You hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these terms.
ATS eLearning respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please flag the course on the relevant course page and select “copyright violation.”
These terms shall be governed in all respects by the laws of the State of Texas, USA, and any disputes arising hereunder shall be submitted to state and federal courts in Houston, Texas and you agree to and consent to the exclusive jurisdiction of such courts. If any of these terms are deemed invalid, then the remaining terms shall still be enforced. ATS eLearning is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond ATS eLearning ’s reasonable control. Official correspondence must be sent via email to: firstname.lastname@example.org. If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States and the country in which you live.
These terms, including Buyer and Seller terms that you may separately agree to as part of registering to do business with ATS eLearning, represent the complete, entire, and exclusive understanding and agreement between you and ATS eLearning. These terms supersede all prior, written or oral, understandings or agreements.
If you purchase courses via ATS eLearning from any Seller in the marketplace, you will be responsible to pay the fee associated with such courses and any applicable taxes. If the sales tax is not specified on an invoice, Buyer will self-assess and pay any applicable sales tax. You agree to pay for all courses purchased through the ATS eLearning system.
What You Are Buying
When you purchase a course, you are purchasing a non-exclusive license to use that course consistent with the purchased license type. Ownership of all intellectual property rights, including all copyright, trademarks, designs, and patents whether registered or unregistered and all other intellectual property, software and goodwill relating to the course will remain with the Seller. All course seats are sold for single-person usage only and not to be broadcast, or otherwise shared.
If you choose to load course files in a third-party delivery platform, such as a learning management system, it is your duty to load, categorize, and assign courses. ATS eLearning ’s implementation obligations end once such course files are made available for download.
You agree not to copy, record, edit or alter or otherwise interfere with the courses provided by the Seller. This shall include without limitation: a) not using recording equipment to record during playback of the courses; b) not overlaying the courses with other audio, video or images or distorting the quality of the training programs; and c) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the courses.
You agree not to (or attempt to) interfere with or disrupt the proper operation of the Seller’s or ATS eLearning ’s software, hardware, systems or networks or courses, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including (without limitation) corrupted files or files that contain viruses, trojans, worms, spyware or other malicious content.
You may not use the courses for any purpose other than for the purpose for which it has been provided and you agree not to use the courses for illegal or inappropriate purposes. In particular, you agree that you will not use the courses to do any of the following: a) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature; b) carry out any commercial business, send any unsolicited commercial emails, advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters; or c) Falsify the origin or source of any content or other material.
Your right to access and use the courses may not be assigned, transferred or sublicensed by you.
Any courses provided at no cost as part of a promotional program or the sales process may be removed or substituted at will.
ATS eLearning Membership Subscription Licenses
Membership purchasers may access an unlimited number of courses made available via the Membership subscription while the subscription fee, whether it be monthly or annual, is current. The Membership library is a specific subset of ATS eLearning courses and is subject to change from time to time at ATS eLearning ’s discretion.
Individual Course Purchase Licenses
When you purchase individual courses or course bundles, users will have twelve (12) months from the date of purchase to access any individual course.
Enterprise Course Purchase Licenses
When you purchase an enterprise license, an unlimited number of users from an individual company may access the course for twelve (12) months from the time of purchase.
Business Course Purchase Licenses
ATS eLearning business course licenses are sold on a monthly or annual basis, and ATS eLearning business purchasers may access all ATS eLearning courses on an unlimited basis during the term of purchase. The ATS eLearning Membership library is a specific subset of ATS eLearning courses and is subject to change from time to time at ATS eLearning’s discretion.
ATS eLearning and its Sellers are not liable for, nor do ATS eLearning and its Sellers warrant the courses provided by any Seller via the ATS eLearning marketplace. ATS eLearning and its Sellers disclaim any and all responsibility or liability for the content, completeness, accuracy, legality, non-infringement, reliability, or availability of information or materials displayed on, or delivered via ATS eLearning. You are responsible for conducting your own research before choosing a course. This is the case even in the event that you request assistance from ATS eLearning in selecting courses. ATS eLearning ‘s cumulative liability for any claim will be limited to the fees received via the sale of courses over the preceding 12 months.
Course Substitutions and Refunds
ATS eLearning retains the right to substitute substantially similar courses for those initially selected as necessary. ATS eLearning also reserves the right to remove courses from the ATS eLearning marketplace. In the event that a purchased course is removed, ATS eLearning shall issue a pro-rata refund of the purchase price for such course. ATS eLearning generally reserves the right to cancel an order and refund your money for any reason, including the case where course pricing was published in error.
You agree, if requested, to supply your logo for inclusion on the ATS eLearning website and printed marketing materials; to provide a customer testimonial for use on the ATS eLearning website and printed marketing materials; and to provide such other marketing measures as separately agreed between the parties in writing.