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Terms of Use

Last Updated: July 2018

IMPORTANT!

Welcome to ATP ONLINE provided by Academic Therapy Publications, Inc., a California corporation ("ATP", "we", or "us"). Please carefully read and understand these Terms of Use. When you start using ATP ONLINE, you represent and agree that you have read and you and your organization understand, and accept that your organization is legally bound by these Terms of Use and any and all modifications, amendments, alterations, and updates. Please visit this page periodically to review our most current ATP ONLINE Terms of Use. Terms of Use contain important legal information concerning your rights, remedies, and obligations and create a contract between you and your organization with ATP. We reserve the right from time to time, to prospectively modify, amend, alter, or update these Terms of Use.

General Information

ATP ONLINE provides authorized users an online administration, scoring, and report generation platform for selected ATP assessment tools. You and your organization become authorized users when you accept our Terms of Use per the above "IMPORTANT!" paragraph.

ATP does not provide clinical advice, nor should the content or results of any score and/or interpretive report obtained from the ATP ONLINE site be considered clinical advice. ATP ONLINE is not intended to be a substitute for professional psychological, psychiatric, or medical advice, diagnosis, or treatment, nor are assessment scores diagnostic. Assessments provided and presented on ATP ONLINE are intended to supplement, not substitute for, the diagnosis, treatment, and advice of a health care professional.

ATP is an independent publisher of clinical and educational assessments and resources.

By registering to use ATP ONLINE, providing your e-mail address to ATP, and establishing a unique user ID and password, you are consenting to receive system notifications, service announcements and other transactional e-mail from ATP ONLINE (including, without limitation, transactional or relationship content electronic mail messages within the meaning of CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) and you are also consenting to our use of Cookies to provide better service to you. For more information on how we treat your personal information, please read our General Privacy Statement.

Disclaimer

The ATP ONLINE site, and the tests, reports and other results obtained from using the ATP ONLINE site are provided for informational purposes only. The information is intended to be used by authorized and qualified users to interpret the information to assist in their ultimate professional medical advice for their patients and clients. The responsibility for medical care, diagnosis, and treatment recommendations rests solely with the ATP Customer who is an authorized and qualified user.

Use on Behalf of Yourself, Business Entity or Organization

Whether you are using ATP ONLINE on behalf of yourself, a business entity and/or other organization, you agree, represent and warrant (1) you have the authority to legally bind yourself, such business entity and/or other organization to these Terms of Use; (2) you are acting on behalf of yourself and such business entity and/or other organization; (3) you, such business and/or such organization are jointly and severally bound by these Terms of Use; and (4) references in these Terms of Use to "ATP Customer," "you" or "your" refer to you, acting on behalf of yourself, the business entity and/or other organization, all jointly and severally.

Responsibility for Use of ATP ONLINE

When you create a new ATP ONLINE account on behalf of yourself, a business entity, and/or other organization and complete the new account setup process, your user ID will, by default, become the account owner ("Account Manager") and your user ID will have the ability to configure account-level settings such as locations and inventory, and you may, optionally, invite other Practitioners to join the account.

For Practitioners who receive an email invitation from an Account Manager to join an existing ATP ONLINE account, you will be asked to create your own user ID and password and to provide your user qualification information to ATP such as title, profession, certifications/licenses, education, and training.

For ALL users of ATP ONLINE, whether Account Manager or invited Practitioner, you represent, warrant, and covenant to ATP as follows:

  • You and each other individual who accesses and uses ATP ONLINE on behalf and for the account of the ATP Customer have prepared and submitted your respective user qualification information to ATP and have established your credentials to acquire access to products that are appropriate for your qualification levels. You have not misrepresented your identification, education, training, or other credentials or qualifications to obtain access to ATP ONLINE.
  • You currently possess the appropriate training, education, and expertise to use the ATP ONLINE products acquired for use and understand professional testing standards promulgated by each of your respective professional degrees, certifications and/or licenses and respective professional associations and will comply with their applicable standards and policies as they exist from time to time.
  • You assume full responsibility for reasonable security measures to safeguard your access to ATP ONLINE using the user ID and password that you created during the user setup process.
  • You assume complete responsibility for reasonable and appropriate privacy policies with respect to the data that you provide to ATP about your clients/patients ("Examinees"). Your use of ATP ONLINE shall comply with HIPAA, FERPA, COPAA, GDPR, and any other applicable laws, rules and regulations.
  • You have reviewed or shall shortly review ATP ONLINE Terms of Use and other ATP Online documentation so that you understand the rights provided to you and obligations you assume per the relationship created with ATP and its ATP ONLINE program and account. Only after such thorough understanding shall you allow others to use ATP ONLINE. If you have any questions concerning your rights and obligations connected with your use of ATP ONLINE, you will contact the ATP Privacy and Security Officer at PrivacyOfficer@AcademicTherapy.com.

In addition to the above responsibilities for all users of ATP ONLINE, as the Account Manager, you additionally represent, warrant, and covenant to ATP as follows:

  • You assume full responsibility for all use of ATP ONLINE by yourself, others within your organization and any other users through your access to the ATP ONLINE program.
  • You agree that each individual who accesses and uses ATP ONLINE acts on behalf and for the account of the ATP Customer, and the ATP Customer is responsible for any wrongful acts, and omissions by a user, and a user's breach or default of these Terms of Use.
  • You shall supervise all ATP ONLINE users who work through you and/or your organization. You and your organization assume full responsibility for verifying that each user has proper qualifications, including experience, to perform the testing which ATP Online accommodates. You also assume full responsibility for adding or deleting users who are not qualified to use ATP ONLINE.
  • You will not permit any individual under the age of 18 to use the ATP ONLINE site or access the test results from the ATP ONLINE site.

Indemnity Obligation

You and each other individual who accesses and uses ATP ONLINE on behalf of and for the account of ATP Customer agrees to indemnify, protect, save, and hold harmless ATP and its officers, directors, employees, agents, servants, representatives, and contractors of, from and against any loss, injury, damage, or expense (including, but not limited to, reasonable attorneys' fees and costs) that ATP or any of its officers, directors, employees, agents, servants, representatives, or contractors may incur that shall arise out of, be connected with, or be in any manner related to your use of ATP ONLINE or the use of ATP ONLINE by any employee, or individual under, or who should have been under, your control and/or supervision, or any breach or default by you or by any employee, or individual under or who should have been under your control and/or supervision of these Terms of Use and related provisions. Your liability for indemnification survives any termination of your account or user ID.

Proprietary Rights

The ATP ONLINE site and its content (including, but not limited to, all site design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, and software and the selection, arrangement, coordination, enhancement, and presentation of said elements) is the proprietary property of ATP or its licensors or suppliers, and is protected by copyright under United States law, or foreign law, or both. The ATP ONLINE site may be used only by you, your business' employees, or individuals under your control and/or supervision. These Terms of Use do not grant to or create in ATP Customer, any user, or any other person any proprietary interest or intellectual property rights in or to the ATP ONLINE site or any assessment tools, or information or other content comprising or available on the ATP ONLINE site. You have no right to reproduce, distribute, create derivative or collective works of, or publicly display or perform any assessment tools, or information or other content comprising or available on the ATP ONLINE site or otherwise exploit such information or other content for any purpose. The terms and conditions in this paragraph are in addition to the obligations of ATP Customer and its users as may be required by COPPA, FERPA, HIPPA, GDPR, and all other applicable law.

No Unlawful Use; Compliance with Law

You may not use the ATP ONLINE site, or any product, or service provided by or made available on or from the ATP ONLINE site for any unlawful purpose. You agree to comply with all applicable law governing your use of the ATP ONLINE site, or any product, service provided by or made available on or from the ATP ONLINE site.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the ATP ONLINE site or any activity being conducted on the ATP ONLINE site.

Reservation of Rights

Except for the nonexclusive limited right to use the ATP ONLINE assessment tools to conduct scoring and report generation for assessments based on the tests acquired for use, you do not acquire any right, title or interest in or to any intellectual property rights arising under the ATP ONLINE site or the assessment tools, information or other content comprising or available on the ATP ONLINE site. All rights not expressly granted to you by these Terms of Use are reserved by and to ATP. Any access or use of the ATP ONLINE site that is not expressly granted by this Agreement is precluded.

Right of Termination

ATP reserves the right at all times to suspend or terminate your access to the site, registration, or account, without notice, for any reason whatsoever, with or without cause, in the exercise of ATP's sole and absolute discretion. Further, ATP reserves the right at any time and from time to time to modify the ATP ONLINE site, or any product or service provided by or made available on the ATP ONLINE site, or any product or service provided by or made available on the ATP ONLINE site, and their respective features and functionality, in whole or in part, without notice to you. ATP will not be liable to you or any third party for any modification, suspension, or termination of access to this site, or loss of related information or other content.

Disclaimer of Warranties

ATP ONLINE is provided "as is" and "with all faults", and without warranty of any kind, and use of ATP ONLINE is at the ATP customer's, and each user's own risk. To the maximum extent permitted by law, ATP disclaims all express, and implied warranties, and conditions, whether by statute, common law, custom, course of dealing, course of performance, usage of trade, or otherwise, relating to ATP ONLINE including (but not limited to) all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, lack of viruses, and non-infringement. To the maximum extent permitted by law, ATP makes no representation, warranty, or guaranty relating to the suitability, reliability, availability, timeliness, quality, accuracy, or completeness of ATP ONLINE, any data, information, record, or results obtained through or resulting from the use of ATP ONLINE, or the accuracy of the informational content, for any purpose. Without limiting the generality of the foregoing, to the maximum extent permitted by law, ATP makes no representation, warranty, or guaranty that ATP ONLINE will meet the ATP customer's, or any user's requirements or expectations, that ATP ONLINE will be error-free, that any defects or errors will be corrected, or that the data, information, records or other results obtained from the use of ATP ONLINE will be accurate or reliable for any other purpose.

Exclusion of Certain Damages

To the maximum extent permitted by law, ATP shall not be liable to the ATP customer, any user, or any other person for any special, incidental, indirect, collateral, consequential, exemplary, or punitive damages, whether in any action or contract, equity, strict liability, tort (including, but not limited to, negligence) or other theory of liability (including, but not limited to, breach of warranty) arising out of or in any way connected with or relating to the use or performance of or inability to use ATP ONLINE or any error, omission or inaccuracy contained in, any data, information, record or results obtained through or resulting from the use of ATP ONLINE or from any loss or corruption of data or other information or record, even if ATP has been advised of the possibility of such damages or such possibility was reasonably foreseeable including (but not limited to) damages for loss of use, for delay, loss of business, loss of revenue, profits or savings, business interruption loss, loss or corruption of data or other information or record, loss of privacy, and loss of goodwill, and liability to third parties, arising out of or in any way connected with or related to the use or performance of or inability to use ATP ONLINE or arising out of or in any way connected with or relating to the use or inability to use any data or other information, record, or results obtained through or resulting from the use of or inability to use ATP ONLINE, any loss or corruption of data or other information or record, or arising from any failure to meet any duty, including (but not limited to) any duty of good faith or to exercise commercially reasonable care, or arising out of any course of dealing, course of performance, usage or trade, or otherwise, even if ATP was advised of the possibility of such damages or if such possibility was reasonably foreseeable.

Further Limitation of Liability

To the maximum extent permitted by applicable law, ATP's total liability and obligation arising out of or in any manner connected with or relating to the ATP customer's or any user's use or inability to use ATP ONLINE, or the results obtained from the use of ATP ONLINE is limited to direct damages which shall not in any event exceed one hundred dollars ($100.00) in the aggregate. To the maximum extent permitted by applicable law, this limitation applies whether the liability is based on breach of contract, tort (including, but not limited to, negligence), strict liability, breach of warranty, or any other legal theory.

Application of Limitations and Exclusions

The forgoing limitations and exclusions apply notwithstanding the failure of essential purpose of any remedy, and survive the termination of these terms and conditions of use or your right to use ATP ONLINE.

Waiver of Class Action or Class Arbitration

To the maximum extent permitted by law, you will not bring, request, join, or participate in a class action or class arbitration proceeding as to any claim, demand, suit or cause of action you may have against ATP arising out of, relating to or in any way connected with the ATP ONLINE site, your use of the ATP ONLINE site, or any test or other product or service obtained through the ATP ONLINE site, and you waive and relinquish any right you may now or in the future have to bring, request, join or participate in any lawsuit or arbitration or other proceeding on a class action or consolidated basis or to participate as a representative or member of any class of claimants pertaining to any claim, demand, suit or cause of action arising out of, relating to or in any way connected with your use of the ATP ONLINE site, or any test, or other product or service obtained through the ATP ONLINE site. This provision is not a waiver of your rights and remedies to pursue a claim individually.

Severability

Each paragraph, section, provision, sentence, and part thereof of these Terms of Use is severable from each other paragraph, section, provision, sentence, or part thereof of these Terms Conditions of Use, and the invalidity or unenforceability of any such portion of these Terms of Use shall not affect the validity or enforceability of the balance of these Terms of Use. If a court determines any provision to be invalid, unreasonable or otherwise unenforceable in whole or in part, the parties intend such provision shall not be declared null or void or unenforceable, but the court shall modify these Terms of Use to the minimum extent necessary to reflect as nearly as possible the original intentions of the parties in conformity with law. Such modification shall apply only in the jurisdiction where such adjudication or determination is made, and shall not affect that provision in any other jurisdiction.

Jurisdiction and Governing Law

Any dispute or issue related to these Terms of Use shall be governed exclusively by the substantive laws of the State of California, without application of its conflict of law principles, and controlling federal law of the United States of America. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the validity, construction, interpretation, or enforcement of these Terms of Use. Any legal action, suit or proceeding, whether in contract, tort or otherwise, relating to the ATP ONLINE site, and/or these Terms of Use or any product or service provided by or made available on the ATP ONLINE site shall be brought in the Superior Court, County of Marin, State of California, or in the United States District Court, Northern California in the City and County of San Francisco. Each party irrevocably consents to and submits to the jurisdiction of those courts, and irrevocably waives any objection which such party now or hereafter may have to the institution of any such suit, action, or proceeding in those courts, and further irrevocably waives any defense or claim that such suit, action or proceeding in any such court has been brought in an inconvenient forum or improper venue.

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