ACM Certification Terms and Conditions

Terms & Conditions

AGREEMENT BETWEEN USER AND THE AMERICAN CASE MANAGEMENT ASSOCIATION (ACMA)
Welcome to the ACM™ Web-Based Study Guide. The ACM™ Study Guide (the “Site”) is comprised of various web pages operated by The American Case Management Association (the “Business”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. The Business reserves the right to add, modify or alter such services at any time and without prior notice.

ELECTRONIC COMMUNICATIONS
Visiting the Site, transmitting documents or sending emails to the Business constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

CANCELLATION / REFUND POLICY
A purchase may be cancelled up until the time payment has been processed. Once payment has been processed, the buyer is responsible for payment. Payment may be made by credit card, cashier’s check or money order made payable to ACMA. Company and personal checks are acceptable; however, a $25 fee will be charged on all returned checks. Credit card transactions that are declined will be subject to a $25 handling fee. Candidates must send a cashier’s check or money order for the amount due, including the handling fee, to ACMA to cover declined credit card transactions. Processed payments are not refundable and rights to the Site are not transferable.

NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to the Business that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Business or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Business content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Business and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Business or our licensors except as expressly authorized by these Terms.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Business, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Business reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Business in asserting any available defenses.

LIABILITY DISCLAIMER
The information, software, products and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Site may make improvements and/or changes in the Site at any time.

The Site and Business make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Business hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Business be liable for any direct, indirect, punitive, incidental, special consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Business or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

TERMINATION / ACCESS RESTRICTION
The Business reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arkansas and you hereby consent to the exclusive jurisdiction and venue of courts in Arkansas in all disputes arising out of or relating to the use of the Site.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Business with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Business with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CHANGES TO TERMS
The Business reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Business encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US
The Business welcomes your questions or comments regarding the Terms:

The American Case Management Association
Email Address: studyguide@acmaweb.org