Terms of Use

Agreement Between User and American Cyber Association LLC

Welcome to American Cyber Association. American Cyber Association (“American Cyber Association”), and/or its affiliates or subsidiaries, provide website features (“American Cyber Association Website”) and other products and services to you when you visit or shop at American Cyber Association, use American Cyber Association products or services, use American Cyber Association applications, or use software provided by American Cyber Association in connection with any of the foregoing (collectively, “American Cyber Association Services”). The American Cyber Association Website is offered to you conditioned on your acceptance, without modification of the terms, conditions, and notices (“Terms of Use”) contained herein. Your use of the American Cyber Association Website constitutes your agreement to all such terms, conditions, and notices, as may be notified and changed from time-to-time. These Terms of Use reject the way American Cyber Association’ business works, the laws that apply to our companies, and the certain things we believe to be true. These terms help define the relationship between you and American Cyber Association. You have permission to use our services if you agree to follow these terms, which reject how American Cyber Association’ business works and how we earn money. When we speak of “American Cyber Association,” “we,” “us,” and “our,” we mean American Cyber Association and its affiliates.

American Cyber Association offers a wide range of services, and sometimes additional terms may apply. When you use American Cyber Association Services you also will be subject to the guidelines, terms, and agreements applicable to that American Cyber Association Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.

American Cyber Association Web-site and Services may include: (a) your use and submission of data, text, audio, video, images, software (including machine images), or other materials (collectively, “Customer Content”) in connection with the American Cyber Association Web-site and/or Services; and (b) the use of various tools, websites, electronic media and services American Cyber Association may provide to you in connection with the American Cyber Association Web-site and/or Services (collectively, the “American Cyber Association Tools”). If you are entering into this Agreement for a commercial entity, government institution, or any other entity (“Entity”), such as the company or educational institution you work for, you represent that you have legal authority to bind that Entity.

1. AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS:

• By using American Cyber Association’ website, you represent and warrant that (a) you are legal age of majority, in the jurisdiction in which you reside and agree to be bound by this Agreement; (b) if you are under 18 years of age, you are not allowed to use this website and access the services or below the age of majority in your jurisdiction, you agree to have obtained verifiable consent from a parent or legal guardian; and (c) your use of American Cyber Association’ website does not violate any applicable law or regulation. Your access to American Cyber Association’ website may be terminated without warning if we believe, in our sole discretion, that you are under the legal age of majority and have not obtained verifiable consent from a parent or legal guardian. (d) If you are a parent or legal guardian and you provide your consent to your child’s use of American Cyber Association’ website, you agree to be bound by this Agreement in respect to your child’s use of American Cyber Association’ website.
• Additionally, the age requirement for attending custom training is restricted to any candidate that is permitted by his/her country of origin/residency. If the candidate is under the legal age as permitted by his/her country of origin/residency, they are not eligible to attend the official training or eligible to attempt the certification exam unless they provide the American Cyber Association or its representatives, a written consent/indemnity of their parent/legal guardian and a supporting letter from their institution of higher learning. Only candidates from a nationally accredited institution of higher learning shall be considered

2. PRIVACY

Please review our Privacy Policy which also governs your use of American Cyber Association Website and/or Services, to understand our practices

3. ELECTRONIC COMMUNICATIONS

When you use American Cyber Association Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other American Cyber Association Services, such as our Message Center, and you and we can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. USE OF COMMUNICATION SERVICES

The American Cyber Association Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
3. Upload Files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4. Upload Files that contain viruses, corrupted Files, or any other similar software or programs that may damage the operation of another’s computer.
5. Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
7. Download any File posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
9. Restrict or inhibit any other user from using and enjoying the Communication Services.
10. Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations

American Cyber Association has no obligation to monitor the Communication Services. However, American Cyber Association reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. American Cyber Association reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
American Cyber Association always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in American Cyber Association’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. American Cyber Association does not control or endorse the Customer Content, messages or information found in any Communication Service and, therefore, American Cyber Association specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized American Cyber Association spokespersons, and their views do not necessarily reject those of American Cyber Association.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

5. COPYRIGHT

All content included in or made available through any American Cyber Association Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of American Cyber Association or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any American Cyber Association Service is the exclusive property of American Cyber Association and protected by U.S. and international copyright laws.
All contents of the American Cyber Association Website are: Copyright 2023 by American Cyber Association and/or its suppliers. All rights reserved.

6. TRADEMARKS

American Cyber Association logo and trademark. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any American Cyber Association are trademarks or trade dress of American Cyber Association in the U.S. and other countries. American Cyber Association’ trademarks and trade dress may not be used in connection with any product or service that is not American Cyber Association’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits American Cyber Association. All other trademarks not owned by American Cyber Association that appear in any American Cyber Association Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by American Cyber Association. The names of actual companies and products mentioned in our websites and electronic assets may be the trademarks of their respective owners.

7. INTELLECTUAL PROPERTY COMPLAINTS

American Cyber Association respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for making claims of copyright infringement.

8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Services. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below).
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by submitting a written notice (the “DMCA Notice”) to us with the following information

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
• Identification of the material you believe to be infringing in a succinctly precise manner to allow us to locate that material
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Completed notices should be sent by email to: legal@eccouncil.org. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

9. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the American Cyber Association Website, you warrant to American Cyber Association that you will not use the American Cyber Association Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall not use the American Cyber Association Website in any manner which could damage, disable, overburden, or impair the American Cyber Association Website or interfere with any other party’s use and enjoyment of the American Cyber Association Website. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the American Cyber Association Website.

10. LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, American Cyber Association or its content providers may grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the American Cyber Association Website and make personal and non-commercial use of the American Cyber Association Services only for intended purpose. This license does not include any resale or commercial use of any American Cyber Association Service, or its contents, or any Customer Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any American Cyber Association Service or its contents, or any Customer Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use, or any Service Terms are reserved and retained by American Cyber Association or its licensors, suppliers, publishers, rightsholders, or other content providers. No American Cyber Association Service or Website, nor any part of any American Cyber Association Service or Website, shall be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of American Cyber Association. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of American Cyber Association without express written consent. You shall not use any meta tags or any other “hidden text” utilizing American Cyber Association’ name or trademarks without the express written consent of American Cyber Association. You shall not misuse the American Cyber Association Service. You shall use the American Cyber Association Services only as permitted by law. The licenses granted by American Cyber Association terminate if you do not comply with these Terms of Use or any Service Terms.

11. YOUR ACCOUNT

You may need your own American Cyber Association account to use certain American Cyber Association Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. American Cyber Association sells products only to adults, who can purchase with a credit card or other permitted payment method. If you are not the legal age of majority and/or within the specified age limit as mentioned under the relevant provisions i.e., “AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS”, you may use the American Cyber Association Website and Services only with involvement of a parent or guardian. American Cyber Association reserves the right to refuse service, terminate accounts, terminate your rights to use American Cyber Association Website and Services, remove or edit content, or cancel orders in its sole discretion.

12. MATERIALS PROVIDED TO American Cyber Association OR POSTED AT ANY American Cyber Association WEBSITE

1. American Cyber Association does not claim ownership of the materials you provide to American Cyber Association (including feedback and suggestions) or post, upload, input or submit to any American Cyber Association Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission or Customer Content, you are granting American Cyber Association, its affiliated companies a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, publicly perform, reformat, translate, edit, create derivative works from, distribute, and display such Submissions or Customer Content throughout the world in any media and to publish your name in connection with your Submission or Customer Content.
   Notwithstanding the foregoing, your Submission and Customer Content is your exclusive responsibility. You represent and warrant that (a) you own or control all relevant rights to Customer Content or Submission that you submit to American Cyber Association; (b) Customer Content (including, but not limited to, any Personal Information, as defined below) or Submission is accurate, truthful, and up-to-date; (c) any use of Customer Content or Submission will not violate this Terms of Use, infringe a third party’s proprietary rights, or cause injury to American Cyber Association or to any third person or Entity; and (d) you will indemnify, defend, and hold harmless American Cyber Association for all claims relating to Customer Content or Submission supplied to American Cyber Association.
2. Further, you agree that you will not submit any Customer Content or Submission that is illegal, profane, obscene, sexually explicit, threatening, libelous, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not submit Customer Content or Submission containing official personal identification numbers or codes (such as social security number, driver’s license number, passport or national identification numbers, policy numbers, bank account numbers, etc.), or highly sensitive personal information not related to the American Cyber Association Services and/or Website (such as race, ethnicity, religion, religious/philosophical beliefs, political or union affiliation or opinions, medical or health information, sexual orientation, disability, etc.). You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission or Customer Content. American Cyber Association reserves the right (but not the obligation) to remove or edit such Submission or Customer Content.
3. No compensation will be paid with respect to the use of your Submission or Customer Content, as provided herein. American Cyber Association is under no obligation to post or use any Submission or Customer Content you may provide and may remove any Submission or Customer Content at any time in American Cyber Association’ sole discretion.
4. Notwithstanding anything foregoing, you may opt to remove your Submission or Customer Content from the American Cyber Association Website at any time you wish.

13. DISCLAIMER REGARDING CUSTOMER CONTENT AND SUBMISSION

The American Cyber Association Website and Services are not storage services, and American Cyber Association takes no responsibility and assumes no liability for Customer Content or Submission or any Third-Party Content. American Cyber Association has no obligation to you to store, publish, maintain, or reproduce Customer Content or Submission or Third-Party Content (including any archived copies). American Cyber Association does not—and has no obligation to—actively monitor Customer Content or Submission; however, American Cyber Association has the right to monitor, edit, or remove any of Customer Content or Submission for any reason, with or without notice. Because we have no obligation to monitor Customer Content or Submission, it is your responsibility to ensure customer content or submission is accurate and up-to-date, in compliance with the Terms of Use; and you should exercise great caution to not provide American Cyber Association with any information you believe is sensitive.

14. YOUR SUGGESTION

If you provide any suggested improvements to the American Cyber Association Service and/or Website, or any features, programs, or offerings offered through the Service or American Cyber Association Website (“Suggestions”), American Cyber Association owns all right, title, and interest in and to these Suggestions, even if you have designated them as confidential, and American Cyber Association will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions, and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions

15. USE OF THIRD- PARTY PLATFORM

1. Subject to age and parent/guardian consent requirements, you may connect with us via social media or other online accounts which may be connected with American Cyber Association. If you log into American Cyber Association via Facebook or join WhatsApp Group, or another third-party platform or service, you are bound by the terms and conditions of such third-party platform, in addition to our Terms of Use and Terms of Service.
   Notwithstanding anything contrary in this Terms of Use, American Cyber Association’ WhatsApp group is a closed group and participation in this group is by invitation only. If you are a member of the WhatsApp Group, you agree that you will not (or assist others in using) use the third party platform in ways that: (a) violate, misappropriate, or infringe the privacy, publicity, intellectual property, or other proprietary rights of any other member and/or users; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, automessaging, auto-dialing, and the like; or (f) involve any non-personal use of American Cyber Association Services unless otherwise authorized by us. The group admin shall have the sole discretion to add and/or remove any member of this group. However, you may exit the WhatsApp Group at any time.

16. RISK OF LOSS

All purchases of physical items from American Cyber Association are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier

17. RETURNS, REFUNDS AND TITLE

American Cyber Association does not take title to returned items until the item arrives at our center.

18. PRODUCT DESCRIPTIONS

American Cyber Association attempts to be as accurate as possible. However, American Cyber Association does not warrant that product descriptions or other content of any American Cyber Association Service is accurate, complete, reliable, current, or error-free.

19. PRICING

With respect to items and services sold by American Cyber Association, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item or service sold by American Cyber Association is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

20. SANCTIONS AND EXPORT POLICY

You may not use American Cyber Association Website or any American Cyber Association Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using American Cyber Association Website or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including American Cyber Association Software), technology, and services

21. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE American Cyber Association WEBSITE AND/OR American Cyber Association SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. American Cyber Association AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE American Cyber Association WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE American Cyber Association WEBSITE SHOULD NOT BE RELIED UPON FOR CAREER, PERSONAL, LEGAL OR FINANCIAL DECISIONS ETC. AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
American Cyber Association AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE American Cyber Association WEBSITE 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. American Cyber Association AND/OR ITS SUPPLIERS HEREBY DISCLAIM 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 EC-COUNCIL AND/OR ITS SUPPLIERS 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 IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE American Cyber Association WEBSITE, WITH THE DELAY OR INABILITY TO USE THE American Cyber Association WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE American Cyber Association WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE PHELPS 7 ASSOCIATES WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF American Cyber Association 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 American Cyber Association WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE American Cyber Association WEBSITE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW
SERVICE CONTACT: contactus@phelps-llc.com

22. TERMINATION/ACCESS RESTRICTION

American Cyber Association reserves the right, in its sole discretion, to terminate, suspend or restrict your access to the American Cyber Association Website or any portion thereof at any time, without notice. In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

23. DISPUTES

Any dispute or claim relating in any way to your use of any American Cyber Association Website and/or Services, or to any products or services sold or distributed by American Cyber Association will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The dispute between the parties shall be submitted to the United States Arbitration Association (USADR) for arbitration in accordance with its rules in force at the time of application for arbitration (“Arbitration Rules”).

24. APPLICABLE LAW

By using any American Cyber Association Website and/or Service, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and American Cyber Association. Further, the parties specifically exclude the application of United Nations Convention on Contracts for the International Sale of Goods.
Use of the American Cyber Association Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

25. MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and American Cyber Association because of this Terms of Use or use of the American Cyber Association Website. American Cyber Association’ performance of this Terms of Use is subject to existing laws and legal process, and nothing contained in this Terms of Use is in derogation of American Cyber Association’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the American Cyber Association Website or information provided to or gathered by American Cyber Association with respect to such use. If any part of this Terms of Use 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 Terms of Use shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between the user and American Cyber Association with respect to the American Cyber Association Website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and American Cyber Association with respect to the American Cyber Association Website. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Terms of Use and all related documents be drawn up in English.

26. MODIFICATION OF THESE TERMS OF USE

Please review our other policies, such as our privacy policy, Trademark Usage policy etc., posted on this site. These policies also govern your use of American Cyber Association Services. American Cyber Association reserves the right to change the terms, conditions, and notices under which the American Cyber Association Website and/or American Cyber Association Service is offered, including but not limited to the charges associated with the use of the American Cyber Association Website.

27. Third-Party Connected Apps and Paid Services

Introduction

The guiding principle of American Cyber Association is simple, we want to provide the highest quality products and services to our clients. We believe in providing our students, partners, and professionals with the best written products and training used in the field, not just in academia.

Subscription Fees and/or License Fees

American Cyber Association will never ask you for payment details, or sensitive information during our course of learning, however some of our Live Labs connect to third-party services such as Amazon AWS, Google Cloud Platform, Microsoft Azure, etc. While many of these service providers allow you to sign up for free tier usage, Education Accounts, or provide promotional credits for trials, many do ask for your credit card during sign-up and may bill for the use of their services, during and even after you have completed your course of study with American Cyber Association. Be aware, signing up for third party services may incur expenses related to the use of their services. Our labs can be completed without any additional charges unless explicitly marked, but you are ultimately responsible for any services you may intentionally or unintentionally sign up for when connected to those platforms.

28: Contractors:

All technical and training staff employed by the American Cyber Association are independent contractors and are not direct employees or representatives of the ACA.