AED University Terms & Conditions
AED University is an educational service of The AED Foundation, an affiliate of the Associated Equipment Distributors. The curriculum includes industry-specific training in management, parts, service, sales, rental and customer service. We are also pleased to introduce technical and safety and compliance training through our online educational partners.
Participants are automatically enrolled on the AED University Learning Management System (LMS), a site that facilitates the delivery of seminars, self-study and online courses. It is an integrated, online management tool designed to help supervisors and employees plan, select, coordinate and track their educational experiences.
Translation of the following conditions
- You are responsible for keeping your User Name and Password confidential.
- You will not duplicate or distribute any proprietary information contained in AED University courses, seminars, or online content. These are property of The AED Foundation or its third party providers.
- The AED Foundation and its third party providers are not responsible for managing performance of employees who use our training or this website. Should any damages to equipment, relationships or injuries occur, AED, The AED Foundation and third party providers will not be held responsible.
- AED and The AED Foundation are not responsible for interruption of service throughout this transaction or activity on the web site.
- Introduction:
1.1 Welcome to AED University, your resources for Training Solutions for Equipment Distributors. We hope that you enjoy your learning experience and thank you for your business. These Terms and Conditions of Use (the "Agreement") govern your use of the Internet-based learning service operated by The AED Foundation ("Service"). The Service consists of self-study courses and course materials, instructor –led seminars, online courses, webinars and assessments provided by The AED Foundation and its affiliates (collectively "AED University") and its third party providers.
1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by using the Service, enrolling in a class, workshop or lab, downloading a tutorial, or by purchasing any of our products. The AED Foundation reserves the right, in its discretion, to change all or any part of this Agreement at any time. Such changes shall be effective immediately upon publication of the modified Agreement on the Service. Your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes.
If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. The AED Foundation is not obligated to refund any portion of fees paid or to forgive any fees that remain payable, but it may consider requests for a refund or forgiveness of fees, as applicable, in its sole and absolute discretion.
This Agreement is the entire agreement relating to its subject matter between you and The AED Foundation, and it supercedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.
- Grant of License:
The AED Foundation grants you, as a registered subscriber, the right, with a standard web browsing program not supplied by The AED Foundation ("Browser") to use the Service and the information, software, photographs, audio and video clips, graphics and other material contained on the Service (collectively, the "Content") solely for your own individual (non-commercial) use on one personal computer or other device capable of displaying the Content. You may not share your access nor distribute any Content from the Service to others without the prior written permission of The AED Foundation.
- Use of Service Content:
3.1 You acknowledge that the Service and all Content are protected by copyright, trademark, (see by copyright, Trademarks and Copyrights or other proprietary rights of The AED Foundation, its affiliates or third party providers. You agree to comply with any additional copyright notices, information, or restrictions applicable to any Content available on or accessed through the Service.
3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by its proprietor.
3.3 You may download or copy the Content only for your own individual use, and further provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express prior written permission of the owners of such Content.
3.4 You grant to The AED Foundation the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
- Subscriber Qualifications:
4.1 As part of the registration process, you will either be given an access key or a user id and password. If you are given an access key, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide The AED Foundation with any updates to that information promptly after such changes occur.
4.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person.
4.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.
4.4 You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.
- Subscriber Information, Privacy:
Your participation in the Service is subject to our Privacy Policy.
- Service and System Availability:
The AED Foundation uses reasonable efforts to maximize system availability. The AED Foundation shall make a reasonable effort to correct any technical difficulties which may arise with the Service, however, The AED Foundation is not responsible for any Service down time. The AED Foundation is not responsible for any technical difficulties resulting from the World Wide Web, internet access, computer hardware or software.
- Indemnity:
You agree to indemnify and hold The AED Foundation, its officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. The terms of this provision shall survive the termination or expiration of this Agreement.
- Termination of Service:
8.1 The AED Foundation reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid.
8.2 The AED Foundation may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
- Disclaimer:
THE AED FOUNDATION (AED University) MAKES NO WARRANTIES, REPRESENTATIONS OR PROMISES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE AED FOUNDATION DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE AED FOUNDATION (AED University) DOES NOT WARRANT THAT THE INFORMATION AND MATERIAL CONTAINED IN SELF-STUDY, SEMINAR OR ONLINE COURSES, ASSESSMENTS OR PRE-EMPLOYMENT TESTS WILL MEET THE PARTNER OR CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED. FURTHERMORE, AED FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SAFETY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
- Limitation on Liability:
NEITHER THE AED FOUNDATION (AED University) OR ITS THIRD PARTY VENDORS SHALL BE LIABLE TO YOU OR TO YOUR COMPANY (REGARDLESS OF THE FORM OF ACTION OR THE CLAIM, E.G., CONTRACT, WARRANTY, TORT, MALPRACTICE AND/OR OTHERWISE) FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITIES, FAILURE TO BE SATISFIED WITH ANY EMPLOYEE PERFORMANCE, FOR LOSS OR DAMAGE CAUSED BY AN EMPLOYEE ENROLLED IN AED UNIVERSITY, OR FOR ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, EVEN IF ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING. THE AGGREGATE LIABILITY OF THE AED FOUNDATION RELATING TO OR ARISING FROM THIS AGREEMENT AND FOR ANY AND ALL CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU OR YOUR COMPANY TO THE AED FOUNDATION UNDER THIS AGREEMENT.
NEITHER PARTY IS RESPONSIBLE FOR LOSS OF OR LOSS OF USE OF ANY WEBSITE, INTERNET ACCESS, HARDWARE OR SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, THE COST OF ANY SUBSTITUTE PERFORMANCE, EQUIPMENT OR PROGRAM, OR CLAIMS BY ANY PARTY OTHER THAN YOU, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, OTHER THAN AS SPECIFIED IN THIS AGREEMENT. THIS AGREEMENT, AND THIS SECTION IN PARTICULAR, DEFINES A MUTUALLY AGREED UPON ALLOCATION OF RISK AND THE FEES AND OTHER CONSIDERATION HAVE BEEN SET TO REFLECT SUCH ALLOCATION. THIS SECTION SHALL NOT APPLY TO ANY TORT LIABILITY OF EITHER PARTY BASED ON NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PHYSICAL DAMAGE TO TANGIBLE PROPERTY OR PERSONAL INJURY OR DEATH.
- Third Party Rights:
The provisions of paragraphs 3, 4, 9, 10, 12 and 13 are for the benefit of The AED Foundation, third party Content providers, and its and their respective employees, agents and contractors. Each such party will have the right to enforce such provisions directly on its own behalf.
- Miscellaneous:
This Agreement shall be construed in accordance with the laws of the State of Illinois, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in DuPage County, Illinois. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of sections 3, 4, 5, 7, 8, 9, 10, 11, 12, and 13 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.
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