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TERMS OF USE

Animal Care Technologies/Animal Care Training ("ACT") operates this Site to provide online access to information about ACT and the products and services we provide, as well as delivering online training, client education, and customer survey resources (the "Service").  By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use").  Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement." 
ACT reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about ACT products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ACT reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use. 

2. Billing
At the time of account creation, billing information is required in order to create a valid ACT account.  Billing for use of the Site is done by secure credit card transaction to the card on file in the ACT system.  The normal billing cycle is monthly, unless another express arrangement is made for a different billing cycle, or pre-paid account.  Such an arrangement is at the sole discretion of ACT and may be changed or altered as ACT deems necessary.  Any trial period offered free of charge is at the sole discretion of ACT and may be altered or terminated at any time.  Regular monthly billing automatically begins at the conclusion of any trial period and continues until cancelled by the account holder.  You may request to cancel your account or recurring payment by contacting 1.800.357.3182 and speaking with a customer service representative.  Our representatives are available from 8 a.m. to 6 p.m. Monday through Friday CST, excluding regular holidays.  You may also write us at:

Animal Care Technologies
2701 Hartlee Field Rd.
Denton, TX 76208
Unauthorized transactions should be reported to us by contacting 1.800.357.3182 and speaking with a customer service representative. 
3. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to ACT or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by ACT or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ACT, for example in certain password-restricted areas of the Site. With the exception of those materials uploaded by the user to the Progress Tracker, you may not manipulate or alter in any way images or other Content on the Site.


3.1 Progress Tracker Materials
ACT has included the Progress Tracker component on certain pages within the Site, to allow for customization of training programs for ACT users.  You may upload materials to the Progress Tracker for personal, private use, and these materials may be reprinted, downloaded, viewed, or used as directed by the user responsible for their upload. 

4. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

5. Links to Third-Party Web Sites
Any links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ACT of the third party, the third-party web site, or the information contained therein. ACT is not responsible for the availability of any such web sites. ACT is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of ACT affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. 

6. Linking to this Site
If you would like to link to the Site, you may do so when ACT's business is relevant to your own activities. However, no use is permitted just to attract attention or to suggest any endorsement or sponsorship by, or affiliation with ACT. Unless specifically authorized by ACT, you may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. 

7. Downloading Files
ACT cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. 

8. Software
Any software, videos, or material available for download via the Site (with the exception of privately uploaded material in Progress Tracker) is the copyrighted work of ACT and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

9. Disclaimer of Warranties
ACT makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content.  ACT expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site.  ACT does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected.  ACT does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected.  The site, the service and the content are provided on an "as is" and "as available" basis.

10. Limitation of Liability
In no event will ACT be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (I) the use of or inability to use the site, the service, or the content, (II) any transaction conducted through or facilitated by the site; (III) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (IV) unauthorized access to or alteration of your transmissions or data, or (V) any other matter relating to the site, the service, or the content, even if ACT has been advised of the possibility of such damages.  If you are dissatisfied with the site, the service, the content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the site.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.  In such states, ACT\u2019s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

11. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ACT, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys\u2019 fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

13. Password Security
If you register to become a user of ACT online materials, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password, including billing and account information.

14. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ACT of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ACT therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ACT does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. 
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, ACT\u2019s Privacy Policy, your use of the Site, any other ACT web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws provisions. 
 
Date of Last Modification: February 25, 2008