conditions of Use
By using our website, you accept these terms and conditions, as well as our
disagree with these terms and conditions or any part of these terms and
If you register with our website, submit any material to our website or use any
of our website services, we will ask you to expressly agree to these terms and
You must be at least 16 years of age to use our website; by using our website
or agreeing to these terms and conditions, you warrant and represent to us that
you are at least 16 years of age.
our privacy and cookies policy.
Copyright ? 2019 AchieveForum, Inc.
Subject to the express provisions of these terms and conditions:
we, together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
all the copyright and other intellectual property rights in our website and the
material on our website are reserved.
License to use website
(a) use the course materials on our website as
provided in the Creative Commons License, to which you must agree as a
condition for using our website;?
(b) view pages from our website in a web
download pages from our website for caching in a web browser;
print pages from our website;
stream audio and video files from our website; and
use our website services by means of a web browser, subject to the other
provisions of these terms and conditions.
3.2 Except as expressly permitted by these
terms and conditions, you must not edit or otherwise modify any material on our
Unless you own or control the relevant rights in the material, you must not:
republish material from our website (including republication on another
sell, rent or sub-license material from our website, or;
exploit material from our website for a commercial purpose.
We reserve the right to restrict access to areas of our website, or indeed our
whole website, at our discretion; you must not circumvent or bypass, or attempt
to circumvent or bypass, any access restriction measures on our website.
You may access our RSS feed using an RSS reader or aggregator.
By accessing our RSS feed, you accept these terms and conditions.
Subject to your acceptance of these terms and conditions, we grant to you a
non-exclusive, non-transferable, non-sub-licensable licence to display content
from our RSS feed in unmodified form on any internal, non-public website owned and
operated by you.
It is a condition of this licence that you include a credit for us and
hyperlink to our website on each web page where the RSS feed is published (in
such form as we may specify from time to time, or if we do not specify any
particular form, in a reasonable form).
We may revoke any licence set out in this Section 4 at any time, with or
without notice or explanation.
You must not:
use our website in any way or take any action that causes, or may cause, damage
to the website or impairment of the performance, availability or accessibility
of the website;
use our website in any way that is unlawful, illegal, fraudulent or harmful, or
in connection with any unlawful, illegal, fraudulent or harmful purpose or
use our website to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software;
conduct any systematic or automated data collection activities (including
without limitation scraping, data mining, data extraction and data harvesting)
on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider or other
automated means, except for the purpose of search engine indexing;
violate the directives set out in the robots.txt file for our website; or
use data collected from our website for any direct marketing activity
(including without limitation email marketing, SMS marketing, telemarketing and
You must not use data collected from our website to contact individuals,
companies or other persons or entities.
You must ensure that all the information you supply to us through our website,
or in relation to our website, is true, accurate, current, complete and
Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and agreeing to our Terms and Conditions, which include Privacy and Creative Commons terms.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
User login details
If you register for an account with our website, you will be asked to choose a
user ID and password.
Your user ID must not be liable to mislead and must comply with the content
rules set out in Section 12; you must not use your account or user ID for or in
connection with the impersonation of any person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure
of your password.
You are responsible for any activity on our website arising out of any failure
to keep your password confidential, and may be held liable for any losses
arising out of such a failure.
Cancellation and suspension of account
suspend your account;
cancel your account; and/or
edit your account details,
at any time in our sole discretion without notice or explanation.
You may cancel your account on our website using your account control panel on
the website, if any, or by contacting us in writing.
Registered users will have access to such additional features on our website as
we may from time to time determine, which may include:
facilities to complete a detailed personal profile on the website, to publish
that profile on the website, and to restrict the publication of that profile to
particular groups or individuals registered on the website;
facilities to create groups, manage groups that you have created, join and
leave groups, and share information amongst group members;
the facility to send private messages via the website to particular groups or
individuals registered on the website; and
the facility to post and publish text and media on the website.
You acknowledge that we cannot be held responsible for the behaviour of our
users, either on or off the website, and we cannot guarantee that any
information provided by a user is true, accurate, complete, current and not
misleading; and subject to Section 15.1 you will not hold us liable in respect
of any loss or damage arising out of any user behaviour or user information.
You agree to the publication of posts relating to you, by others, on our
website; you acknowledge that such posts may be critical or defamatory or
otherwise unlawful; and, subject to Section 15.1, you agree that you will not
hold us liable in respect of any such posts, irrespective of whether we are
aware or ought to have been aware of such posts.
All information that you supply as part of a personal profile on the website
must be true, accurate, current, complete and non-misleading.
You must keep your personal profile on our website up to date.
Personal profile information must also comply with the provisions of Section 5
and Section 12.
In these terms and conditions, "your content" means all works and
materials (including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files) that you
submit to us or our website for storage or publication on, processing by, or
transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence
to use, reproduce, store, adapt, publish, translate and distribute your content
in any existing or future media.
You grant to us the right to sub-license the rights licensed under Section
You grant to us the right to bring an action for infringement of the rights
licensed under Section 11.2.
You hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
You may edit your content to the extent permitted using the editing
functionality made available on our website, if any.
Without prejudice to our other rights under these terms and conditions, if you
breach any provision of these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and conditions in any
way, we may delete, unpublish or edit any or all of your content.
You warrant and represent that your content will comply with these terms and
Your content must not be illegal or unlawful, must not infringe any person's
legal rights, and must not be capable of giving rise to legal action against
any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms
and conditions, must not:
be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design
right, right in passing off, or other intellectual property right;
infringe any right of confidence, right of privacy or right under data
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime, instructions for the commission of
a crime or the promotion of criminal activity;
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
be in breach of official secrets legislation;
be in breach of any contractual obligation owed to any person;
depict violence in an explicit, graphic or gratuitous manner;
be pornographic, lewd, suggestive or sexually explicit;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other information which may
be acted upon and could, if acted upon, cause illness, injury or death, or any
other loss or damage;
constitute spam; or,
be offensive, deceptive, fraudulent, threatening, abusive, harassing,
anti-social, menacing, hateful, discriminatory or inflammatory.
Your content must be appropriate, civil and tasteful, and accord with generally
accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of
or containing material that would, were it posted on our website, breach the
provisions of these terms and conditions.
You must not submit to our website any material that is or has ever been the
subject of any threatened or actual legal proceedings or other similar
If you learn of any unlawful material or activity on our website, or any
material or activity that breaches these terms and conditions, please let us
You can let us know about any such material or activity by email or using our
abuse reporting form.
We do not warrant or represent:
the completeness or accuracy of the information published on our website;
that the material on the website is up to date; or
that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website
services, and to stop publishing our website, at any time in our sole
discretion without notice or explanation; and save to the extent expressly
provided otherwise in these terms and conditions, you will not be entitled to
any compensation or other payment upon the discontinuance or alteration of any
website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to Section 15.1,
we exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.
and exclusions of liability
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 15 and
elsewhere in these terms and conditions:
are subject to Section 15.1; and
govern all liabilities arising under these terms and conditions or relating to
the subject matter of these terms and conditions, including liabilities arising
in contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
Our liability for any loss or damage of any nature resulting from the use of
our website will be limited in accordance with the terms of your AchieveForum
We will not be liable to you in respect of any losses arising out of any event
or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial opportunities
We will not be liable to you in respect of any loss or corruption of any data,
database or software.
We will not be liable to you in respect of any special, indirect or
consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
You hereby indemnify us, and undertake to keep us indemnified, against any and
all losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to a third party in
settlement of a claim or dispute) incurred or suffered by us and arising
directly or indirectly out of your use of our website or any breach by you of
any provision of these terms and conditions.
17. Breaches of
these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you
breach these terms and conditions in any way, or if we reasonably suspect that
you have breached these terms and conditions in any way, we may:
send you one or more formal warnings;
temporarily suspend your access to our website;
permanently prohibit you from accessing our website;
block computers using your IP address from accessing our website;
contact any or all of your internet service providers and request that they
block your access to our website;
commence legal action against you, whether for breach of contract or otherwise;
suspend or delete your account on our website.
Where we suspend or prohibit or block your access to our website or a part of
our website, you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
18. Third party
Our website includes hyperlinks to other websites owned and operated by third
parties; such hyperlinks are not recommendations.
We have no control over third party websites and their contents, and subject to
Section 15.1 we accept no responsibility for them or for any loss or damage
that may arise from your use of them.
19. Trade marks
AchieveForum, our logos and our other registered and unregistered trade marks
are trade marks belonging to us; we give no permission for the use of these
trade marks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trade marks or service marks on our
website are the property of their respective owners and, unless stated
otherwise in these terms and conditions, we do not endorse and are not
affiliated with any of the holders of any such rights and as such we cannot
grant any licence to exercise such rights.
From time to time we may run competitions, free prize draws and/or other promotions
on our website.
Competitions will be subject to separate terms and conditions (which we will
make available to you as appropriate).
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our website from the
date of publication of the revised terms and conditions on the website, and you
hereby waive any right you may otherwise have to be notified of, or to consent
to, revisions of these terms and conditions.
If you have given your express agreement to these terms and conditions, we will
ask for your express agreement to any revision of these terms and conditions;
and if you do not give your express agreement to the revised terms and
conditions within such period as we may specify, we will disable or delete your
account on the website, and you must stop using the website.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with
our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these terms and
If a provision of these terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect.
24. Third party
A contract under these terms and conditions is for our benefit and your
benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and
conditions is not subject to the consent of any third party.
Subject to Section 15.1, these terms and conditions, together with our Privacy
Policy, Creative Commons License, and AchieveForum Alliance membership
contract, if you have one, shall constitute the entire agreement between you
and us in relation to your use of our website and shall supersede all previous
agreements between you and us in relation to your use of our website.
26. Law and
These terms and conditions shall be governed by and construed in accordance
with Colorado, USA law.
Any disputes relating to these terms and conditions shall be subject to the
exclusive jurisdiction of the courts of Colorado, USA.
AchieveForum is a Delaware registered company, P09505, FEI/EIN Number
28. Our details
This website is owned and operated by AchieveForum, Inc.
Our principal place of business is at 10 Post Office Square, 6th Floor,
Boston, MA, 02109, USA.
You can contact us:
by post, using the postal address given above;
using our website contact form;
by email at email@example.com.