Terms of Service

We appreciate your interest in ATFA Corp. (“ATFA,” “we,” “us,” or “our”), a Washington State registered nonprofit corporation (“ATFA,” “we,” “us,” or “our”), that also manages this same ATFA website (collectively, this same “Website”), as well as other web pages, our soon to launch smartphone apps, web services, such as the website and associated applications, and any Downloadable Content (as defined below). You (“you” and “your”) and ATFA become parties to the accompanying Terms of Service, which govern how you can use the Services. The terms “User” and “Users” are used interchangeably to refer to visitors and users of the Products. Then use the ATFA Privacy Policy and ATFA Kids Privacy Policy (as relevant with which Services you are using) so these Terms of Service regulate the Services. The Security Policy outlines the private data we receive, how we use it, and with whom we disclose it. PLEASE CAREFULLY READ THE FOLLOWING SERVICE TERMS. THESE TERMS & CONDITIONS, AS WELL AS ANY APPLICABLE RULES (AS CHARACTERIZED ABOVE) (COLLECTIVELY, THOSE “CONDITIONS”), INCLUDING AGREE TO HAVE MET THE ATFA PRIVACY STATEMENT CONSEQUENTLY ATFA CHILDREN PRIVACY POLICY, ARE ACKNOWLEDGED EITHER ANYONE BESIDES HAVING TO REGISTER WITH, TRYING TO ACCESS, PERUSING, OTHERWISE USING THE WEBSITE (AS APPLICABLE TO WHICH SERVICES YOU CHOOSE TO USE). YOU AGREE TO BE BOUND THROUGH THESE TERMS AND CONDITIONS WITH REGARD OF THIS KIND OF CHILD’S USE OF CERTAIN WEBSITE SO IF YOU’RE A PARENT OR GUARDIAN WHEN YOU GIVE CONSENT THAT YOUR CHILD AND REGISTER WITH THE WEBSITE. EXCEPT YOUR ORGANIZATION HAS SUCH A DIFFERENT SIGNED SERVICE CONTRACT WITH ATFA WHICH ACKNOWLEDGES THOSE CONDITIONS UPON BEHEST OF SCHOOL MEMBERS, WHETHER YOU ARE SCHOOL PERSONNEL (AS STRUCTURED BELOW) WHEN YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE THAT THE SCHOOL USER IS LIABLE EVEN BY CONDITIONS. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS A CLASS ACTION EXEMPTION AS WELL AS A MANDATORY ARBITRATION SECTION. YOU GIVE UP THE ABILITY TO PURSUE ISSUES IN COURT AND TO HAVE A JUDGE OR A JURY DECIDE YOUR CASE BY AGREEING TO MANDATORY ARBITRATION, TOWARDS THE EXTENT THAT THE LAW ALLOWS.

1. Eligibility; Accounts THE WEBSITE IS NOT AVAILABLE TO ANYONE UNDER THE AGE OF 13 WHOSE REGISTRATION HAS STILL NOT BEEN PERMITTED BY A LEGAL PARENT OR GUARDIAN, OR (A) ALL USERS IF THEIR PRIORLY SUSPENDED OR REMOVED FROM THE SITE BY ATFA (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS). 1.1. Acceptance You portray that I you are a US resident who is at least 13 years old, or (ii) you are not a US resident but are of legal age to consent to create an account under the legislation of your country of residence, or (iii) your the use of the Services has been authorized by your a parent or guardian, by your school or teacher for school use, or (iv) you are not a US resident but are of legal age to consent to open an account under the legislation of your country Additionally, you guarantee that ATFA has never stopped or expelled you from the Services but that your registration and usage of the Services comply with all relevant legal requirements. 1.2. Account You must sign up for an account in order to utilize some features of the Services. A password for your account can be requested from you. Your account and password security is exclusively your responsibility, and you agree to take full responsibility for all activities that take place using your account or password. You certify that the data you give to ATFA is true, accurate, current, and comprehensive, whether upon registration or at any other time. You also acknowledge that it is your responsibility to maintain the accuracy and timeliness of this information. If you have reason to believe that your account is no longer safe (for example, in the case of a loss, theft, unauthorized disclosure, or use), you should immediately contact the bank if you forget your user ID or password, you agree to contact ATFA right away. Any illegitimate use of your Services account may result in you being held accountable for the losses suffered by ATFA or other parties. 1.3. Integrated Service You may be allowed by ATFA to sign up for the Services via, or otherwise link your ATFA account to, plan will guide or social networking services provided by third parties, such as Facebook and Google (“Integrated Service”). You agree that ATFA may access your Integrated Service account information and it may store while using definite data by now affiliated with the Integrated Service in accordance with our Privacy Policy when you register for the Services using (or otherwise granting access to) an Integrated Service. You also agree to any and every terms and conditions of the Integrated Relevant instances your use of the Services via the Incorporated Service. By changing the relevant account settings for the relevant Integrated Service, you can always deny ATFA access to your account on that service. To comprehend and modify the information given to us through each Integration Service, you should check your privacy options on each one. You acknowledge that any Integrating Service is a References Site (as that term is described below) but that, as a result of using the Integrated Service to access the Services, you are entirely liable for your transactions with the Integrated Service. You are urged to read the Privacy Policy and the terms and conditions of every Integrated Service you use in order to comprehend their practices since ATFA has no control over them. 1.4. Child User You cannot create or register for an account for the Services if you are a “Child User” under the age of 13 without your legal parent or guardian’s or your school’s permission as specified in Section 1.6. (School Use). If you are under 18, you warrant that your parent or other adult guardian has read the Terms and accepted them on your behalf. With the exception of accounts set up for school use in accordance with Section 1.6 (School Use). 1.5. Parent User YOU MAY CREATE A PARENT ACCOUNT (A “PARENT USER”) ON THE SERVICES IF YOU ARE AT LEAST 18 YEARS OLD AND THE PARENT OR LEGAL GUARDIAN OF A CHILD WHO WISHES TO REGISTER AS A MINOR USER OF THE SERVICES. YOU CAN ONLY CREATE, REGISTER, MANAGE, AND APPROVE CHILD USER ACCOUNTS THROUGH A PARENT USER ACCOUNT ON BEHALF OF YOUR OWN CHILDREN OR CHILDREN OVER WHOM YOU HAVE LEGAL CUSTODY. YOU INTEND TO ENSURE THAT YOU ARE SUCH CHILD USER’S LAWFUL PARENT OR GUARDIAN AND CONSENT TO BE BOUND BY THE CONDITIONS ON BEHEST OF SUCH CHILD USER, INCLUDING WITHOUT RESTRICTION BEING RESPONSIBLE FOR ALL ACTIVITIES OF SUCH CHILD USER.THE CHILD USER’S USE OF THE WEBSITE. YOU AGREE THAT ATFA MAY, BUT IS NOT REQUIRED TO, MAKE ANY INQUIRIES IT CONSIDERS NECESSARY TO VERIFY THE INFORMATION YOU PROVIDED DURING REGISTRATION, INCLUDING BUT NOT LIMITED TO CONTRACTING THIRD PARTIES TO PERFORM CONFIRMATION SERVICES. ANY PERSON WHO PROVIDES FALSE PERSONAL INFORMATION OR OTHERWISE LIES ABOUT THEIR IDENTIFICATION IS SUBJECT TO LEGAL ACTION BY ATFA. DESPITE THE ABOVE, YOU UNDERSTAND THAT ATFA CANNOT ENSURE THE PRECISION OF ANY INFORMATION PROVIDED BY USERS AND IS NOT REQUIRED TO CONFIRM ANY USER’S IDENTITY, INCLUDING ANY USER’S ASSERTION TO BE A PARENT USER, OR TO CONFIRM THAT A PARENT INDICATED BY A CHILD USER OR EVEN OTHER PARTY THROUGHOUT ENROLLMENT IS IN FACT THAT PARENT. ACTUAL PARENT OR GUARDIAN OF THE CHILD USER. ATFA RESERVES THE RIGHT TO IMMEDIATELY AND WITHOUT PRIOR NOTICE CANCEL A PARENT USER ACCOUNT AND ALL RELATED CHILD USER ACCOUNTS FOR ANY VIOLATION OF THESE TERMS. 1.6. School Use In order to facilitate the provision of tutorial, educational, as well as other education-related services to students as part of the school’s curriculum, and to examine and assess students’ academic success and progress, ATFA may make available certain features and tools to Users registered as teachers, school leaders, aides, or other similar school personnel (“School Personnel”). The following conditions apply to you if you are school personnel utilizing the Services for the benefit of a school, school district, or other such academic establishment (an “Institution”) 1.6.1. Limitations on Use.
   You are given access to the Website and Services as part of your school’s curriculum for instructional purposes. You are required to abide by all relevant laws, rules, and regulations when using the Services as well as the Website. You consent to not using any part of the Services, the Website, or accessibility to the Services or Website for any commercial purpose, including reproduction, duplication, selling, or reselling. 1.6.2. Responsibility for Consent and Notices. You and/or the Organization are solely responsible for securing any parental or guardian consents necessary and for properly informing School Users’ parents about how the School Users use the Services, our Terms, and our Privacy Policy. For as long as the School User account is not converted to or inherited by a legitimate Parent User account or a personal account for a Student of qualifying age, you consent to be bound by these Terms on behalf of the School User. If you are a member of the school staff and you register an account for a child user or another student (referred to as a “SCHOOL USER”) or instruct a student to create a profile for educational purposes, you warrant and represent that you have either That you (or your institution) have complied with and will comply with all applicable requirements of an exemption from exceptional cases to parental consent prerequisites, necessary for you to sign up the school user for the website as well as provide to ATFA the data you reveal in connection with the enrollment of such school user, or that you (or your institution) have received express consent from such school user’s parent or legal guardian. You expressly concur, both personally and on behalf of the Institution, that I You are aware of and accept responsibility for observing all laws, guidelines, and regulations pertaining to the gathering, use, and disclosure of personal data about Users in your Organization, including the Family Educational Rights and Privacy Act and the US Department of Education’s implementing regulations at 34 CFR Part 99 (collectively, “FERPA”) (collectively, “Applicable Privacy Law”). (ii) You are solely accountable for providing the necessary notices and disclosures to students using ATFA in the classroom (“Students” or “Student Users”) and their parents regarding students’ use of the website, our terms, and our privacy policy, including any notices mandated by the Children’s Online Privacy Protection Act (“COPPA”), FERPA, or other Applicable Privacy Laws. By agreeing to this, you acknowledge that ATFA is not responsible for doing so. (iii) You are solely responsible for obtaining any parental or guardian consents necessary for the use of the Services, the use of the Website for classroom purposes (including the use of Linked Accounts referred to in Section 1.8, “Linked Accounts”), and the disclosure of personally identifiable information to ATFA in connection therewith (and you hereby agree that ATFA is not responsible for doing so). This is true to the extent that such consents are required by COPPA, FERPA, or other You guarantee and represent to ATFA that you have obtained all required parental or guardian consents before setting up accounts for school use, or that you have complied with the conditions of an exemption from or exception to the requirement for parental consent, including: You have cooperated with and will continue to comply with FERPA’s “school official” provision or its “directory information” exception; and In accordance with COPPA, you are the parent’s agent in relation to Students under the age of 13 and agree to the sharing of the Student’s personal data on their behalf. This is referred to as “School Consent.” School personnel or the institution must notify ATFA right away if a parent user refuses to give consent or revokes the school’s consent in order to stop the student’s use of the services and make sure that the student’s material is no longer usable through the services. Under no conditions will ATFA be held responsible for the School Personnel’s inability to speak with the authorities and authorities at their institution or for their failure to get the necessary school consent. 1.6.3. Identification of School Accounts.
   In addition to accounts created for use in the classroom and linked to the Institution’s use of the Services, students and school staff may also have personal accounts (“School Accounts”). Accounts given for classroom usage shall be School Accounts if the Institution has a separate written service agreement with ATFA that includes rostering services for your Institution. In other instances, for accounts created for use in the classroom to be designated as “School Accounts,” the accounts must be: (1) created by school personnel (for instance, when a teacher creates the user name, login, and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, or a similar Integrated Service (to the extent we support use of such Integrated Service))), (2) maintained by school personnel (for example, when a teacher creates the user name, login or (2) made at the request of a School by a School User using a School email address, in each case linked to a School’s class on the Service. Personal email addresses will not be accepted for the creation of user accounts, which will instead be managed as personal accounts. Please contact Ashwin Joshi at 24.ashwin.joshi@ksd.org if you have any queries about how to set up School Accounts on the Service that are connected to a School’s class. 1.6.4. Use of Integrated Services in School Accounts.
   If you are a member of the school staff and decide to permit your students to access the Services using an Integrated Service, such as Google Classroom or Clever (to the degree we support use of such Incorporated Service), you are in charge of informing them how to use and safeguard their accounts on the Integrated Service. Look at Section 1.3. (Integrated Service). 1.9. School Districts With regards to the use of the Services throughout an entire school district, ATFA may enter into extra written agreements with such districts (“District Agreements”). We may offer additional services to school districts in accordance with District Contracts, as well as extra commitments with regard to the Services. These Terms continue to apply to each individual User of the Services in the relevant district, unless expressly stated otherwise in a District Agreement. 1.10. International Use The Services are run by ATFA in the US. You agree that content and information (including your personal information) will be collected, transmitted, used, stored, and processed in the United States if you choose to access our Services from places outside of the country. If and to the degree that local laws are relevant to the use of our Services, you agree to abide with and are entirely responsible for ensuring compliance with all applicable local laws, rules, and regulations in the jurisdiction in where you reside or access the Services. If you are under 18 (or the age of majority in your country), you certify that you have obtained parental authorization, if necessary, to open an account for another person. Service and agree to these terms. We do not represent that our Services are available or suitable for use in locations outside of the United States, unless we have separately and mutually established a formal agreement with you that states otherwise. If applicable, the right to access and use the Services is not allowed in any places where such action would be illegal or where doing so might put ATFA in violation of any relevant laws or rules, including without limitation, relevant privacy laws.
2. Privacy Policy ATFA values your right to privacy. Please carefully read the ATFA Privacy Policy for details on how ATFA collects, uses, and discloses your personal data. The ATFA Privacy Policy details, along with other things, how we handle your personal information, safeguard your privacy while you use our services, and how Users, Parent Users, and School Personnel can view, update, amend, or remove their bank details.
3. Other Guidelines You would be bound by all additional posted rules and policies (the “Guidelines”) that may from time to time be applicable to particular services and features when using the Services. All such Rules are hereby included in the Conditions by reference.
4. Modification of the Terms 4.1. General You agree to the Terms in the format listed on our website when you register an account. At any moment, ATFA reserves the right to alter, modify, add, or delete any part of the Terms as we see fit. After you open your account, please periodically review the Terms and any Guidelines for updates. You are deemed to have accepted the modifications if you continue to use the Services following their posting. ATFA will make a good faith attempt to notify you of any major changes to the Terms, such as by email to the address connected with your account or by publishing a notice on the Services. The updated Terms will be applicable against you on the sooner both I the time that you actually received notice of the changes and (ii) thirty days after ATFA reasonably attempted to give you that notice. However, modifications addressing new service functions or modifications made for legal reasons take effect right away. You must stop using the Services if you don’t agree to the updated Terms. The version of these Terms that was in effect at the time the disagreement occurred will be used to determine how to resolve any disputes that may arise under them. 4.2. School Accounts In addition to the rules outlined in Section 4.1 (General) above, the following rules also apply to School Accounts. If an Institution does not agree to a change in how private details in student records is used or shared but the change has a materially negative impact on Student Users or the Institution, the Organization must notify ATFA inside of thirty days of receiving the notification of change as outlined in Section 15.1 (Notice) below. The School Accounts held by that Institution will continue to be controlled by the Terms in force immediately prior to the change until the conclusion of the Institution’s after which term of its written service contract with ATFA, or, in the event that ATFA is not notified as required.
5. User Content License Grant 5.1. User Content and Ownership The ATFA may permit (a) your posting and/or publication of notes, questions, comments, ratings, reviews, images, videos, and other audio-visual materials and communication systems (collectively, “User Postings”), as well as (b) your posting, creation, or alteration of computer code (including source code and object code), (“User Code”) (User Postings and User Code, jointly, “User Content”). You acknowledge that ATFA makes no guarantees regarding the secrecy of any submissions, regardless of whether such User Content is published. As between ATFA and you, and in accordance with All Applicable laws, you maintain all ownership rights in any User Content you submit or publish to the Sites, and ATFA makes no claims as to possession of any such User Generated content. You agree that your User Content belongs to you alone, and that uploading, generating, or publishing it has repercussions. 5.2. License Grant to ATFA You henceforth grant ATFA a worldwide, non-exclusive, transferable, attachable, fully paid-up, royalty-free right and license to host, transfer, display, perform, reproduce, distribute, produce derivative works from, use, end up making, have made, import, and moreover exploit your User Content in whole or in portion through whatever media formats and through any media channels (now known or hereafter developed). Except as necessary to adhere to applicable privacy laws relating to ownership and management of your private details, including student records, this license is everlasting and irrevocable. As between ATFA and you, and in accordance with the applicable privacy law, with relation to School Accounts, Insofar as User Content is an educational record, you (or your institution, as appropriate) maintain all ownership rights therein. 5.3. License Grant to Users 5.3.1. User Postings.You hereby give to each User of the Products a non-exclusive license to browse and use your User Postings in any method permitted or made available by ATFA on or through the Services by uploading, uploading, or disseminating User Postings through the Services. 5.3.2. User Code. You henceforth grant each User of the Services a non-exclusive license to connectivity, use, reproduce, and disseminate your User Code in compliance with the terms of the MIT license (the “MIT License”) and as fully permitted by, and in conformance with, the MIT license by posting, submitting, or disseminating Piece Of code through the Services. 5.3.3. Downloadable Content. You might be able to download mobile applications or specific digital instructional materials through the Services (“Downloadable Content”). A limited, non-exclusive, non-transferable, non-sublicensable, voidable license to install, configure, view, and use the Downloadable Content in object code form on devices owned or controlled by you is granted by ATFA subject to your full and continuing compliance with all of the terms and conditions outlined in this agreement. This license is only for your own personal, non-commercial use. You acknowledge and agree that you will not: I alter the Downloadable Content in any way; (ii) make any derivative works from the Downloadable Content; (iii) disable or otherwise work around any copyright laws, rights management, technical restrictions, or security features in or relating to the Downloadable Content; and (iv) delete any copyright and other copyright owners on the Downloadable Content and all related notices duplicates of. 5.4. Access to Your User Content USERS MAY BE ALLOWED BY ATFA TO SHARE THEIR USER CONTENT WITH A LIMITED NUMBER OF OTHER USERS OR TO MAKE THEIR USER CONTENT ACCESSIBLE TO EVERYONE (INCLUDING USERS OF OTHER SERVICES). YOU UNDERSTAND AND RECOGNIZE THAT EVEN WHILE ATFA MIGHT OFFER SOME TOOLS DESIGNED TO LET YOU KEEP SOME USER CONTENT YOU GENERATE PRIVATE FROM OTHERS, ATFA CANNOT ENSURE THAT SUCH USER MATERIAL WILL NEVER BE ACCESSED BY OTHERS. ATFA WILL MAKE A REASONABLE ATTEMPT TO NOTIFY YOU IN ACCORDANCE WITH SECTION 15.1 (NOTICE) BELOW IF THERE HAS BEEN ILLEGAL ACCESS. WITH REGARD TO ANY ILLEGAL ACCESS TO ANY PROHIBITED USER CONTENT, ATFA DISCLAIMS ALL LIABILITY HEREBY. 5.5. User Content Disclaimer You acknowledge that when using the Services, you will be subjected to User Content from a wide range of sources and that ATFA is not accountable for the validity, reliability, or rights in intellectual property of or pertaining to such User Content. You also realize that there is a chance that you will encounter User Content that is defamatory, obscene, offensive, or otherwise unacceptable, and you agree to renounce any legal or equitable legal recourse you may have towards ATFA with respect thereto, which you hereby do. ATFA clearly denies any and all liabilities in relation to any User Content and expressly states that ATFA does not support any User Content or any viewpoint, recommendation, or advice stated therein. 5.6. Feedback By providing us with ideas or other comments regarding our services, you consent to our use and sharing of those comments for any purpose without paying you any money. However, this is not a requirement. Any restrictions that we decide upon when gathering comments will be adhered to.
6. Digital Millennium Copyright Act ATFA has a policy of responding to claims of copyright infringement that follow the guidelines of the Digital Millennium Copyright Act. If ATFA determines that you are a “repeat infringer,” your access to the Services will be immediately and without notice terminated. For further information, contact Sahir Tandon at tandon.sahir@gmail.com. A user who has received more than two ATFA notifications of infringement violations and/or multiple removals of user-submitted content from the Services is considered a repeat offender.
7. Proprietary Materials; Licenses 7.1. Proprietary Materials ATFA is in charge of running the Services. The visual user interfaces, graphics, design, compilation, information, programming code (including source code or object code), services, content, and all other components of the services (collectively, the “Services Materials”) are protected by copyright, patent, and trademark laws of the United States and other countries as well as other applicable laws governing intellectual property and ownership rights. All Service Materials, as well as all trademarks, service marks, and trade names contained on or made available through the Offerings are owned by or certified to ATFA, and ATFA reserves all rights within it and thereto not expressly granted by these Terms, with the exception of any User Information produced and owned by Users and except as otherwise established forth in this Section 7 (Proprietary Materials; Licenses). 7.2. Educational Content Certain educational films, exercises, and supplemental materials that are held by ATFA or its third-party licensees may be made available on the Services by ATFA. Your access to and use of the Licensed Educational Content made accessible on the Services by ATFA is granted to you by ATFA on a non-exclusive, non-transferable basis, and only for personal, non-commercial reasons. You are not allowed to download, distribute, sell, lease, modify, or give anyone else access to the Licensed Educational Content in any other way, unless it is specifically stated on the Services that a specific piece of Licensed Educational Content is made available to Users under different license terms. 7.2.1. Alternate Licenses. Licensed educational content may occasionally be made accessible by ATFA or its licensees under different conditions, such as a version of the Open Source License (as described below) (each, a “Alternate License”). The relevant Licensed Instructional Content is granted to you pursuant to the terms of the Alternate License when specifically stated as so on the Services and subject to the and conditions of these Terms. You undertake to completely abide by all the terms and conditions of any Alternate License by using, accessing, or otherwise gaining access to such Licensed Educational Content. 7.2.2. Creative Commons License. Any reference to the “Creative Commons”, “CC” or correspondingly license shall be taken to be an allusion to the Creative House of common Attribution-NonCommercial-ShareAlike 3.0 United States License (the “Creative Commons License”), unless expressly stated alternatively on the Offerings with respect to a specific item of Certified Academic Content. 7.3. Licensed Educational Code Unless otherwise stated, all Authorized Academic Code is the property of ATFA or other third-party licensors and is licensed to you under the provisions of the MIT License, under the terms and conditions of these Terms. You agree to abide by all MIT License requirements by obtaining or otherwise using this Licensed Academic Code. 7.4. Non-Commercial Use For private, non-commercial use only, the Authorized Educational Content and Licensed Academic Code are provided. Without limiting the foregoing and disregarding any Alterative License for such Certified Educational Content, the Licensed Academic Content may not be used, distributed, or otherwise exploited for just any business gain, commercial advantage, or personal monetary compensation, unless ATFA has previously agreed in writing to another use. 7.4.1. Impermissible Uses. Without restricting the generality of the aforementioned, the ATFA specifically specifies the following applications as falling outside of “non-commercial” use: sale or rental of any (1) portion of the authorized academic material, (2) any derivatives works built at least partially on the authorized academic material, or (3) any combined effort that contains any (1) portion of the authorized educational resources; 7.4.1.2. by charging for instruction, assistance, or editing services that make use of or refer to the Licensed Educational Content; and 7.4.1.3. the sale of any endorsements, promotions, or advertisements placed on the Certified Educational Content, or any portion thereof, or the sale of any sponsorships, promotions, or advertisements placed on any website or blog that contains any portion of the Certified Educational Substance, also without constraint any “pop-up advertisements.” 7.4.2. Use Characterization. The usage, not the user, determines whether a specific use of the Licensed Educational Content qualifies as “non-commercial.” Therefore, even if the usage is made by a commercial entity, the use of the Licensed Educational Content that does not entail user payment of fees and that does not give an entity a commercial benefit is considered “non-commercial.” Contrarily, even if the usage is made by a non-profit organization, it is not “non-commercial” if it entails charging consumers for access to the Licensed Educational Content. For instance, it is acceptable for a for-profit company to use the licensed educational content for internal career development or staff training as long as the company does not collect any fees, either directly or indirectly, for doing so. In contrast, as another illustration, 7.5. Crediting ATFA In addition, you must prominently display the following notice alongside any of our own generated Licensed Educational Content or derivative works of it that you distribute, publicly perform or show, transmit, publish, or otherwise make available: “At “atfaacademy.org,” all ATFA material can be accessed for free.
8. Prohibited Conduct YOU AGREE NOT TO: 8.1. utilize the Services for any business activity unless specifically authorized in writing by ATFA, with the understanding that the Services and associated services are solely meant for personal, non-commercial use; 8.2 Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses for any Services Materials, unless specifically authorized under Section 5.3 (License Grant to Users) and 7 (Proprietary Materials; Licenses) of these Terms; 8.3 Post any false, slanderous, or incorrect User Content or other content, or distribute it; 8.4 Post, publish, or disseminate any content that is illegal, undesirable, abusive, indecent, pornographic, harassing, threatening, humiliating, upsetting, vulgar, racist, racially or ethnically insulting, encouraging violence, hatred, or prejudice, or otherwise improper; 8.5. utilize the services in any way that endangers children or goes against ATFA’s mission. 8.6. pose as someone else, fraudulently pretend to be someone else, gain unauthorized access to another person’s account on a service, establish accounts using bots or other automated tools, or engage in any other fraudulent behavior; 8.7. create, support, or use tools that scrape the services or otherwise copy lessons and other information from the services, including gadgets, scripts, robots, add-ons and plugins for browsers, or any other technology; 8.8. Access the Services by bots or other automated means; 8.9 Remove (or otherwise obscure or modify) any copyright or other proprietary rights notices from any Licensed Educational Content, Licensed Educational Code, or User Content that is part of the Services; 8.10: File a patent infringement or other intellectual property infringement claim against ATFA or any of its affiliates or licensors regarding any Licensed Educational Content, Licensed Educational Code, or User Content you have used, submitted, or otherwise made accessible on or through the Services; 8.11 send junk mail or spam to other Users of the Services or make unwanted pitches, ads, or proposals (including, but not limited to, chain mail, informational announcements, requests for charitable donations, and petitions for signatures); Use the Services in contravention of any local, state, national, or international legislation, including without limitation those regulating intellectual property and other proprietary rights, data protection, and privacy; 8.12. Use the Services for any unlawful activity; 8.13. falsify information about users or other parties without their permission, harass, abuse, threaten, or bully users of the services; 8.14. test the weakness of security-related attributes of the services, licensed educational content, licensed educational code, or user content, features that protect or restrict use or duplicating of every content accessible through the services, or features that enforce constraints on the use of the services, licensed educational content, licensed educational code, or user content, or other ways to probe, scan, remove, circumvent, disable, damage, or otherwise interfere with the services, licensed educational content, licensed educational code, or user content. 8.15. Despite this restriction, attempt to reverse engineer, decompile, disassemble, or in any other way discover the source code of the Services or any component thereof is strictly prohibited, unless and only to the extent that such activity is expressly permitted by applicable law (in which case you must Contact ATFA to notify them of the proposed activity and discuss alternate methods to obtain the desired information from ATFA); 8.16. alter, translate, or produce derivative works based on the Services, in whole or in part, unless and only to the extent expressly permitted by ATFA herein or to the extent the aforementioned restriction is expressly prohibited by applicable law (in which case you must Contact ATFA to notify it of the proposed activity and inquire as to whether ATFA is willing to provide the desired derivative works); or 8.17. Using any method, including but not limited to participating in denial-of-service attacks or uploading or otherwise spreading viruses, adware, spyware, worms, or other harmful code, deliberately interfere with or harm the operation of the Services or any user’s enjoyment of it.
9. Third-Party Sites, Products and Services; Links As a courtesy to Users (“Reference Sites”), the Services may contain links or references to other websites or services. None of these Reference Sites, their contents, or the goods or services made available via them are endorsed by ATFA. You are solely responsible for your use of reference sites, including any information, materials, products, and services found there or made accessible through reference sites.
10. Term and Termination 10.1. Term Until your account is cancelled in accordance with these Terms, in which case your right to use the Services is ended, these Terms shall continue in full force and effect while you use the Services. 10.2. Termination by ATFA At any time, ATFA may (a) restrict, suspend, or terminate your use of the Services or (ii) any account you may have with ATFA, for any reason or no reason, and without penalty; and (b) delete and discard all or any portion of your account, User Content, and User Profile. Additionally, ATFA reserves the right to stop offering access to the Services, or any component thereof, at any time and without prior warning. You accept that ATFA will not be responsible to you or any third party for any termination of your access to the Services or any account you may have, in whole or in part, without prior notice. a similar termination. Any suspected instance of fraud, abuse, or unlawful action may be reported to the relevant law enforcement agency. All additional legal or equitable remedies that ATFA may have are in addition to these ones. As stated above, ATFA forbids copyright, trademark, and other intellectual property infringement on the Services. Repeat infringers will have their access to the Services terminated, and all User Content and other contributed materials will be removed. 10.3. Termination by You You may only cancel the Terms and your account if you are unhappy with any of the following: I the Services; (ii) any provision of these Terms of Service; (iii) Guidelines; (iv) any ATFA policy or practice in managing the Services; or (v) any material or information communicated over the Services. By deleting your login account with the Services and stopping usage of any and all elements of the Services, you can terminate these Terms at any time (prospectively only). 10.4. Termination of School Personnel, Child and Student Accounts According to the provisions of this Section, certain Users (such as Parent Users and School Personnel) may terminate these Terms with regard to their account or to a Child User account or a Student User account that was created by them or at their direction. 10.4.1. Termination by School Personnel. By getting in touch with us, School Personnel can stop using the Services on an individual basis and/or with regard to School Accounts they have created. An Institution may, however, have conditions that must be met before School Personnel can stop using accounts that were set up for school purposes. ATFA may invite Users, or parents or legal guardians of Students, to create and maintain a personal account in order to retain any content generated or provided and owned by Users under these Terms (including such User’s learning activity), prior to termination of School Accounts at the direction of School Personnel. Any such Personal accounts will be created in accordance with ATFA’s typical account opening procedures, which includes obtaining parental permission for Users under the age of 13. 10.4.2. Termination by Parents. You can delete your child’s login account as a Parent User if you created a Child account on the Services and have a Parent User account linked to the Child account. We may need to confirm your identity before we do anything with regard to the account, so please contact Sahir Tandon at tandon.sahir@gmail.com. Parents of students who are using school accounts made by or under the guidance of their child’s teacher may need to first get in touch with the school to make the request for cancellation. 10.5. Responsibility for Pre-Termination activity Any User account termination of the Terms shall not affect ATFA’s rights or remedies with respect to any violation of the Terms that occurred prior to such termination.
11. Representations and Warranties You guarantee, represent, and agree that you won’t submit any User Content or otherwise make use of the Services in a way that I violates another person’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) infringes on any international, federal, state, or local law, statute, ordinance, or regulation; or (iii) would cause ATFA to be in violation of any applicable laws or regulations, including without limitation, Applicable Priva Furthermore, you warrant and represent and acknowledge and agree that I you have all rights necessary for you to provide your User Content and grant Company the rights in these Terms; (ii) you will abide by applicable laws when using the Service; and (iii) if you are school personnel, you understand that you are solely responsible for giving notices and obtaining permissions necessary under applicable laws for students to use the Services or to provide User Content, including compliance with the relevant laws.
12. Indemnification To the extent permitted by the laws of your state, you agree to hold the ATFA Parties (including its parent, successors, affiliated companies, contractors, officers, directors, employees, and agents) harmless from and against any and all losses, damages, liabilities, claims, judgments, settlements, costs, and expenses of any kind (including attorneys’ fees and expenses), resulting from any claim or demand made by any third party. as a Parent User or School Personnel; (iv) your violation of Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement of any intellectual property, privacy, or other right of any person or entity by you or any third party using your account, including in connection with your User Content; or (vi) your violation or alleged violation of any interaction, agreement, or policy between you and any other Users. You agree to assist ATFA’s defense of these claims. ATFA retains the right to assume the exclusive defense and control of any matter for which you are obligated to indemnify ATFA at your expense. You commit to never resolving any such situation without first receiving approval in writing. and ATFA. As soon as ATFA learns of any such claim, action, or proceeding, we will make a good faith attempt to let you know about it.
13. Disclaimers; No Warranties 13.1. No Warranties THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASED, AS WELL AS ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH OR THROUGH THE WEBSITE (THE “ATFA OFFER The ATFA Parties DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY ATFA OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. BE AWARE THAT ATFA IS NOT A ADVOCATE IN MONEY. NOTHING ON ATFA SHOULD BE CONSIDERED FINANCIAL ADVICE; RATHER, IT SHOULD BE USED TO EXPAND YOUR UNDERSTANDING OF FINANCIAL TOPICS. TO EQUIP YOU WITH THE INFORMATION TO BE PERCIEVED AS AN INTELLIGENT INVESTOR. SEARCH ON YOUR OWN. BEFORE MAKING ANY INVESTMENT DECISIONS, CONSULT A PROFESSIONAL INVESTMENT ADVISOR! 13.2. Content ATFA AND THE ATFA PARTIES DO NOT GUARANTEE THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT GUARANTEE THAT ANY OF THE FOREGOING WILL BE CORRECTED. ATFA AND THE ATFA PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL (1) BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED IN THE ATFA OFFERINGS. CERTAIN FEATURES COULD BE NEW OR EXPERIMENTAL, OR COULD NOT BEEN TESTED IN ANY MANNER. 13.3. Harm to Your Computer YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S). 13.4. Limitations by Applicable Law THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. Other rights that you could have can differ from state to state and jurisdiction to jurisdiction.
14. Limitation of Liability and Damages 14.1. Limitation of Liability ATFA OR THE ATFA PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER P LAW APPLICABLE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ATFA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 14.2. Limitation of Damages ATFA’S OR THE ATFA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS, YOUR USE OF THE WEBSITE, OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), WILL NEVER BE GREATER THAN THE AMOUNT PAID BY YOU 14.3. Basis of the Bargain YOU ACKNOWLEDGE AND AGREE THAT ATFA HAS PROVIDED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ATFA, AND THAT THE Without these restrictions, ATFA COULD NOT PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS. 14.4. User Interactions and Release User Disputes, Section 14.4.1 Other Users and other third parties, including those outside of ATFA, are not subject to ATFA’s control. Your interactions with other Services users and any other persons you meet via the Service are entirely your responsibility. Before engaging in any offline or online engagement with another person, you should conduct any research you deem necessary or acceptable. We reserve the right to, but are under no obligation to, intervene in these disputes. 14.4.2: Let go. You release us (and the ATFA Parties) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, resulting from or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy, or data. This also applies if you have a dispute with one or more Users. To the best degree permitted by relevant law, if you don’t live in Washington, you give up all of your rights under any legislation that have a similar effect and are still applicable.
15. Miscellaneous (Including Dispute Resolution and Arbitration) 15.1. Notice ATFA may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless ATFA is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to ATFA shall be sent by first class U.S. Mail to ATFA at 773 Kohler Rd, Burbank, WA 99323 with a copy sent by email to ATFA. 15.2. Waiver No right or provision of the Terms will be considered waived by ATFA’s failure to exert or enforce such right or provision. Any waiver of any term of the Terms must be in writing and signed by ATFA in order to be effective. 15.3. Governing Law Without giving regard to any considerations of conflicts of law that would require the application of the laws of any other jurisdiction, the Terms shall be governed by and interpreted in conformity with the laws of the State of Washington. 15.4. Dispute Resolution and Arbitration THIS SECTION AFFECTS YOUR RIGHTS, SO READ IT CAREFULLY. YOU GIVE UP THE RIGHT TO LITIGATE DISPUTES IN COURT AND HAVE A JUDGE OR JURY DECIDE YOUR CASE BY AGREEING TO BINDING ARBITRATION. 15.4.1. Generally. In order to expedite and control the cost of disputes, ATFA and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law: 15.4.2. Notice of Dispute. In the event of a Dispute, you or ATFA must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to ATFA at 773 Kohler Rd, Burbank, WA 99323 (my edit) with a copy sent by email to ATFA. ATFA will send any Notice of Dispute to you by first class U.S. Mail to your address if ATFA has it, or otherwise to your email address. You and ATFA will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or ATFA may commence arbitration. 15.4.3. Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and ATFA may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 15.4 (Dispute Resolution and Arbitration). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Ben Franklin County, WA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. 15.4.4. Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor ATFA will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You may file a Dispute only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular Dispute cannot be arbitrated in accordance with the limitations of this Section 15.4 (Dispute Resolution and Arbitration), then only that Dispute may be severed and brought in court. All other Disputes remain subject to this Section 15.4 (Dispute Resolution and Arbitration). 15.4.5. Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, ATFA and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim. 15.4.6. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If ATFA files, then ATFA will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. 15.4.7. Filing Period. To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred. 15.4.8. Venue. In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section 15.4 (Dispute Resolution and Arbitration), you agree that such Dispute will be filed only in the state or federal courts in and for Ben Franklin County, WA and each of you and ATFA hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, ATFA shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction. 15.5. Severability If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. 15.6. Assignment The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without ATFA’s prior written consent, but may be assigned by ATFA without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void. 15.7. Survival Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2 (Privacy Policy), 4 (Modification of the Terms) through 6 (Digital Millennium Copyright Act), 7.1 (Proprietary Materials), 7.4 (Non-Commercial Use), 7.5 (Crediting ATFA), and 8 (Prohibited Conduct) through 15 (Miscellaneous (Including Dispute Resolution and Arbitration)). 15.8. Headings The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof. 15.9. Entire Agreement The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and ATFA relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by ATFA. 15.10. Disclosures The Services are hosted in the United States, and the services provided hereunder are offered by ATFA: PO Box 1630, Mountain View, CA 94042. 15.11. Notice Regarding Apple In addition to the sections above, and notwithstanding any other provision of these Terms, this Section applies with respect to your use of any mobile application governed by these Terms on an Apple iOS device. To the extent the other sections of these Terms are less restrictive than, or otherwise in conflict with, the terms of this Section, the more restrictive or conflicting terms in this Section apply. You acknowledge that these Terms are between you and ATFA only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the applicable mobile application to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, including Apple’s App Store Terms of Service, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.