TERMS OF USE

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: (i) access the Services; and (ii) download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please contact us at[email protected].

If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you: (i) confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; (ii) to the extent permissible by applicable law, waive any and all moral rights to any such Submission; (iii) warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and (iv) warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this subsection, any third party’s intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• iTunes
• Google Play
• PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services, including limiting or canceling quantities.

6. FREE TRIAL

We offer a 3-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

7. CANCELLATION

All purchases are non-refundable. Your subscriptions may be managed by the user and auto-renewal may be turned off in the user’s iTunes Account Settings or Google Play Settings. However, you are not allowed to cancel the current subscription period during its active subscription period. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our Services, please email us at[email protected].

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

• Systematically retrieve data or other content from the Services to create or compile a collection, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services to harass or harm.
• Make improper use of our support services.
• Use the Services in a manner inconsistent with any laws.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services.
• Engage in any automated use of the system or use any data gathering and extraction tools.
• Delete copyright or proprietary rights notices from any Content.
• Attempt to impersonate another user or person.
• Upload or transmit any passive or active information collection or transmission mechanism, including 1×1 pixels, web bugs, cookies, or similar devices.
• Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you.
• Attempt to bypass measures designed to prevent or restrict access to the Services.
• Copy or adapt the Services' software or reverse engineer any of the software comprising the Services.
• Use a buying or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email.
• Use the Services as part of any effort to compete with us or for any revenue-generating endeavor.

9. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. Contributions may be viewable by other users and through third-party websites and will be treated per the Services' Privacy Policy. When you create or make available any Contributions, you represent and warrant various conditions including originality, permissions, and compliance with applicable laws.

10. CONTRIBUTION LICENSE

By posting your Contributions, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to the review.

11. GUIDELINES FOR REVIEWS

When posting a review, you must comply with the following criteria (firsthand experience, no offensive language, no discriminatory references, no illegal activity, etc.). We may accept, reject, or remove reviews in our sole discretion, and we assume no liability for any review.

12. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control, according to these Legal Terms.

Apple and Android Devices

Additional terms apply when you use the App obtained from either the Apple Store or Google Play. These include warranty responsibilities, export controls, and third-party beneficiary rights of the App distributors.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") and content belonging to third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, and we are not responsible for them. Inclusion or linking does not imply approval or endorsement. You should review third-party terms and policies before using their websites or applications.

14. ADVERTISERS

We allow advertisers to display advertisements in certain areas. We simply provide the space and have no other relationship with advertisers.

15. SERVICES MANAGEMENT

We reserve the right to monitor the Services for violations, take appropriate legal action, refuse or limit access, remove excessive files and content, and otherwise manage the Services to protect our rights and facilitate proper functioning.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://passemall.com/privacy. By using the ABC Elearning Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

17. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access, terminate use or participation, or delete your account for any reason, including breach of these Legal Terms or applicable law.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove contents at any time without notice and have no obligation to update information. We cannot guarantee availability of the Services at all times and will not be liable for any downtime or discontinuance.

19. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR ANY LINKED CONTENT, AND ASSUME NO LIABILITY FOR VARIOUS TYPES OF DAMAGES OR ERRORS.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Services, breach of these Legal Terms, violation of rights, or harmful acts toward other users.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing performance, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data that you transmit or relates to any activity you have undertaken. We have no liability for any loss or corruption of such data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures and records and waive any rights requiring non-electronic records.

27. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

28. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all rights and obligations at any time. We are not responsible for delays or failures caused by events beyond our control.

There is no joint venture, partnership, employment or agency relationship created between you and us. These Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.

29. CONTACT US