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Before using the American Safety Council, Inc. (“ASC”) and/or Eagle Academy Courseware, please read the Terms of Use set forth below. By using the ASC and/or Eagle Academy Courseware you agree to be bound by the Terms of Use. ASC and/or Eagle Academy and its affiliates and subsidiaries ("We" or such conjugation thereof as the context may require) reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of the ASC and/or Eagle Academy Courseware.
The services provided by this Courseware and the content, information, documents, graphics and images published within this Courseware could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Courseware. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS COURSEWARE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND ANY WARRANTIES ARISING FROM CUSTOM, COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Courseware should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites.
We make certain services available, including without limitation, message boards and other community services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:
If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.
With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of such services.
We assume no responsibility for the accuracy, integrity, quality-completeness, usefulness or value of any content, data, documents, graphics, images, information, advice or opinion contained in message boards or community services, or in any other public services and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, at our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
This Courseware may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, COURSEWARE AND OTHER CONTENT AND MATERIALS.
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Courseware belong to us or our licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Courseware belong to their respective owners.
Nothing contained in this Courseware shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Courseware may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
ASC and/or Eagle Academy Corporation respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminates the accounts of users who infringe the intellectual property rights of others. If you believe that any material in this Courseware infringes on any copyright which you own or control, or that any link in this Courseware directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please contact education@firstam.com to make a claim of copyright infringement.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN LEON COUNTY, FLORIDA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
These Terms of Use incorporate by reference any notices contained in this Courseware and Web site and constitute the entire agreement with respect to your access to and use of this Courseware. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site or Courseware and your continuing use of such Courseware and the services constitutes your agreement to be bound by such modified Terms of Use.
Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Any litigation arising out of or in connection with these Terms of Use or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.
ASC/EagleAcademy does not represent that all content, materials and services in our Courseware are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and ASC/EagleAcademy is not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ASC and/or Eagle Academy's customer service. To be effective, the notification must be in writing and include the following information:
To file a copyright infringement complaint please contact education@firstam.com.
Any computer that is able to connect to and surf the Web in a satisfactory way is capable of running EagleAcademy.net. Below are specific platforms that we certify.
Your Web Browser
Using EagleAcademy.net requires the browser settings and plug-ins listed below.
Settings
· JavaScript Enabled
· Cookies Enabled
· Pop-up blockers disabled
· Set to refresh on every page
· Speakers and Audio card
Plug-ins
· Adobe Flash Player 8.0 or higher browser plug-in
· Adobe Reader browser plug in
In addition to these requirements, some content has additional requirements. You will have a chance to see any content requirements before the content is launched.
The information presented on the ASC and/or Eagle Academy Web site is for informational purposes only and should not be construed as accounting, tax, financial services, human resource, insurance or legal advice for any particular issue you have. You should consult a professional advisor that is familiar with your particular factual situation before making any decision.
Information on this site may reside on servers maintained by individuals or organizations over which ASC and/or Eagle Academy has no control. ASC and/or Eagle Academy makes no representations or warranties, either implied or implicit, regarding the accuracy or any other aspect of the information located on such servers.
Except where noted otherwise, all site contents are Copyright©2009 ASC and/or Eagle Academy, Inc and all rights to this content are reserved. No part of any materials on the ASC and/or Eagle Academy Web sites, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form by any means without express written permission from ASC and/or Eagle Academy Corporation.
We guarantee our courses to be free of defects, and will offer you a full refund if you experience a technical or content problem that we cannot resolve. Please note that any cancellation or refund will also remove access to courses specified, and any continuing education (CE) credits that you have earned from them will be lost.
No course will be cancelled or removed from the system as long as it is in use. A purchased course should be accessible at all times, until the purchase expiration date. If you have made a purchase in error, please contact our customer service 1-800-732-4135. We can cancel your course and refund your purchase amount.
Our policy is to respect and protect the privacy of our users. For more information about our privacy policy please contact ASC at info@amersc.com and/or Eagle Academy at education@firstam.com.
ASC and/or Eagle Academy may ask for your name, email address, and other personal information when you sign up for our products and services. We may also ask for such information at other times, such as when you request information from ASC and/or Eagle Academy.
We will not willfully disclose individually identifiable information about our customers to any third party without first receiving that customer's permission. ASC and/or Eagle Academy does disclose aggregated user statistics (for example, 70 percent of our users have an Internet connection at home) in order to describe our services to prospective partners, advertisers and other third parties, and for other lawful purposes. This site also contains links to other sites. ASC and/or Eagle Academy is not responsible for the privacy practices or the content of other Web sites.
If you make a purchase from our site, the information obtained during your visit to these areas, and the information that you give such as your credit card number and contact information, is provided to the merchant of record. The merchant of record may be a third party vendor and the information we receive from you may be transferred to a third party in order to complete the transaction. These merchants may have separate privacy and data collection practices. ASC and/or Eagle Academy has no responsibility or liability for these independent policies.
We may send information about our various products and services, or other products and services we feel may be of interest to you. You can remove yourself from this distribution list via a link in the communication or by sending your request via email to info@amersc.com. Only ASC and/or Eagle Academy (or agents working on behalf of ASC and/or Eagle Academy and under confidentiality agreements) will send you these direct mailings.
A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive. Session variables are cookies that are removed from your computer when you close your browser.
Each web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.
ASC and/or Eagle Academy uses both cookies and session variables for a number of purposes, including to:
ASC and/or Eagle Academy reviews IP addresses for the purposes of system administration and aggregate reporting only. IP addresses are not used to gather personal information of any kind.
Please keep in mind that whenever you voluntarily disclose personal information online -- for example in discussion forums, through email, or in chat areas -- information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal information, ASC and/or Eagle Academy cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. In addition, ASC and/or Eagle Academy partners, third-party Internet sites, services accessible through ASC and/or Eagle Academy, or parties to whom we must inform of your participation in sweepstakes, promotions, etc., may have separate privacy and data collection practices, independent of us. ASC and/or Eagle Academy has no responsibility or liability for these independent policies or actions. Users are solely responsible for maintaining the secrecy of passwords and/or any account information. Please be careful and responsible whenever you are online.