Terms of Use

Learning Management System

 

These Terms of Use are entered into between You (“You” or the “User”) and American Security, LLC (“American Security” or the “Company” or “We” or “Us”).  These Terms of Use govern Your access to and use of American Security’s Learning Management System (“LMS”).

 

Please read these Terms of Use carefully before using the LMS.  By using the LMS or by clicking “I accept” below, You accept and agree to be bound and abide by all terms and conditions in these Terms of Use and American Security’s Privacy Policy.  If You do not agree to these Terms of Use, You may not access the LMS.  The LMS is offered and available to users who are 18 years of age or older who reside in the United States.  By using the LMS, You represent that You are at least 18 years old and reside in the United States.  If You do not meet all of these requirements, You must not access or use the LMS.

 

1. Overview.  The LMS is an online learning platform with a catalogue of training courses for protective service professionals.  Through the LMS, Users can: (1) access, view, and participate in online training courses; (2) pre-register for in-person training courses provided by American Security; and (3) access additional content or features that American Security makes available from time to time (collectively, the “Services”).

 

2. Fees; Payments.  Creating an account on the LMS is free.  American Security charges a fee to enroll in training courses through the LMS.   You agree to pay all fees for course enrollments and other Services You purchase on the LMS ("Course Fees”).  All Course Fees are non-refundable.  American Security uses a third party payment processor (the “Payment Processor”) to collect Course Fees from You. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms of Use. American Security does not control and is not liable for the security or performance of the Payment Processor. You agree to pay American Security through  the Payment Processor for all Course Fees at the prices then in effect in accordance with the applicable payment terms.  When You make a purchase, You agree not to use an invalid or unauthorized payment method.

   

3. License Grant and Scope.  Subject to the terms and conditions set forth in these Terms of Use and conditioned upon Your payment of the applicable Course Fees, American Security hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, license to use and access the enrolled courses on the LMS.   

 

4. Accessing the LMS
   1. To access the LMS and the resources it offers, You will be asked to register for an account and provide certain personal information such as Your name, address, e-mail, telephone number, employment information, license status, employee number (if applicable) and other information about You. It is a condition of Your use of the LMS that all the information You provide is correct, current, and complete. You agree that all information You provide is governed by our Privacy Policy(including the Privacy Notice for California Residents, if applicable), and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
   2. You represent and warrant that (i) Your use of the LMS and the Services will comply with all laws and regulations and these Terms of Use; (ii) Your User Contributions (defined below) will not infringe or violate any third-party intellectual property rights or any laws or regulations (including, without limitation, obscenity, defamation, and privacy laws); and (iii) Your use of the Services will not conflict with any legal or contractual obligations You have to any third party.  The Company reserves the right, in its sole discretion, to remove, modify, prevent access to, or refuse to display any content that American Security believes violates these Terms of Use, the Company’s policies, or the law.

 

5. Account Security and Authorized Use
   1. To access the LMS, You are required to enter a username and password to register for an account. You represent and warrant that You are the person on whose behalf you claim to accept these terms or if You are entering into these terms on behalf of a person or entity, You represent and warrant that you have the power and authority to enter into these terms and bind the person or entity.You may not use the account, username or password of someone else at any time.
   2. You are responsible for maintaining the secrecy of Your username and password. To protect against unauthorized access to Your account, close the browser when You have finished using the site. You agree to notify American Security immediately of any unauthorized use or loss of Your account, username, password and/or credit card information. You also agree to notify American Security immediately if You are aware of or suspect other unauthorized use of the LMS.
   3. American Security will not be liable for any loss You incur as a result of someone else using Your username and password with or without Your knowledge. You may be held liable for any losses incurred by American Security, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, username or password.
   4. American Security reserves the right to terminate User’s use or access to the LMS or the Services at any time and for any reason, with or without notice. To ensure that American Security provides a high-quality experience for all users of the LMS and the Services, You agree that American Security and/or its representatives may access Your account on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the LMS or the Services. American Security does not intend to disclose the existence or occurrence of such an investigation unless required by law, but reserves the right to terminate Your account or Your access to the LMS immediately, with or without notice to You, and without liability, if the Company believes that You have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with the use of the LMS or the Services by others.

 

6. Modification of Content or Services.  American Security reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the LMS or the Services in whole or in part, including, without limitation, the content, availability, access, or the terms of the LMS.  Such changes, modifications, additions, or deletions will be effective immediately, which notice may be made by posting such changes on the LMS.

 

7. Prohibited Conduct
   1. You may use the LMS and the Services only for lawful purposes and in accordance with these Terms of Use.  The Company prohibits any use of the LMS or the Services for any purpose not expressly permitted in these Terms of Use including, without limitation:
      1. To use the LMS or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
      2. To access the LMS’s systems or infrastructure or devices of other users;

• Share Your login credentials with any other person;

1. To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts or performance of the LMS or the Services, the server on which the LMS is stored, or any server, computer or database connected to the LMS;
2. To introduce into the LMS or devices of other users any malicious program, script, code, viruses, malware, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
3. To use any device, software, routine, or other action that interferes with, manipulates, or damages the proper working of the LMS or the Services;

• To use any manual or automated process (such as scripts, bots, spiders, crawlers, or scrapers) to view, copy, or procure materials from the LMS for any unauthorized purpose without the Company’s prior written consent;
• To violate or attempt to violate the rights of any other person, including their privacy rights, publicity rights, or rights in intellectual property;

1. To engage in any illegal, tortious, fraudulent, malicious or offensive conduct;
2. To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
3. To impersonate the Company, a Company employee, another user, or any other person or entity (such as by using e-mail addresses or screen names associated with any of the foregoing);

• To use the LMS or Services in any manner that could disable, overburden, damage, or impair the LMS or otherwise interfere with any other user’s use of the Services.
• Engage in any other conduct which American Security, in its sole discretion, determines to be inappropriate or unacceptable.

1. American Security has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. American Security may suspend Your access while it conducts an investigation.Your violation of any of the above prohibitions may result in Your civil and/or criminal prosecution. In addition, any violation of the above prohibitions will result in Your being barred from further access to the LMS.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE.

 

8. User Contributions:  American Security retains the right to:
   1. Remove or refuse to post any content or materials posted by users (“User Contributions”) for any or no reason in our sole discretion.
   2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
   3. Disclose Your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
   4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
   5. Terminate or suspend Your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms & Conditions.
   6. To the extent You provide User Contributions, You grant Company a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly display, and otherwise use all such User Contributions.

 

9. Third Party Content; Hyperlinks.
   1. The LMS may include content owned by third parties other than American Security that are provided to You on terms that are in addition to or different from those contained in this Agreement (“Third-Party Licenses”).  By agreeing to these Terms of Use, You also are bound by and shall comply with all Third-Party Licenses.  Any breach of any Third-Party License is also a breach of these Terms of Use.
   2. Company cannot guarantee that third party content made available through the LMS and Services will be free of material you may find objectionable, malware, viruses or other malicious code that may harm Your computer or mobile device. Company disclaims any responsibility related to Your access or use of, or inability to access or use, such third party content.
   3. The LMS may contain links third-party websites. American Security does not assume any responsibility for these websites and provides these links solely for the convenience of users. American Security does not monitor third-party websites and, therefore, does not warrant the existence or functionality of any website which can be accessed through a link located on the LMS.  American Security has no control over, and no liability for, any third-party content.  American Security makes no guarantees about the accuracy, content, or quality of the information provided by such websites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those websites.Content provided by third parties is for informational purposes only and American Security’s use of the content constitutes neither an endorsement nor a recommendation by American Security of the content.

 

10. Intellectual Property.
    1. The LMS and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the American Security, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  User should assume that everything read or seen on the LMS is copyrighted, trademarked, or otherwise protected and owned or licensed by American Security. User does not acquire any ownership interest in the LMS content or any other rights thereto, other than to use the same accordance with the license granted and subject to all terms, conditions, and restrictions in these Terms of Use.  American Security, its licensors, and content providers retain all worldwide rights in the intellectual property on the LMS.
    2. These Terms of Use permit User to use the LMS for personal, non-commercial use only.  Nothing in these Terms of Use grants User an express or implied license to use any of Company’s intellectual property.  The Company strictly prohibits User from copying, reproducing, modifying, distributing, transmitting, republishing, displaying or performing for commercial use any of the content on the LMS without prior written consent of American Security.  If You wish to use any of the LMS content  for a reason other than set forth in these Terms of Use, please send Your request to: (1) This email address is being protected from spambots. You need JavaScript enabled to view it.; or (2) Attn: Training Department, American Security, L.L.C., 1717 University Ave. W., St. Paul, Minnesota 55104.
    3. User shall safeguard all LMS content from infringement, misappropriation, theft, misuse, or unauthorized access, and shall promptly notify the Company if User becomes aware of any infringement of the Company’s or third-party content provider’s intellectual property rights.
    4. DMCA Policy. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe that any content on the LMS or within the Services violates Your copyright, please send us written notice at: (1) This email address is being protected from spambots. You need JavaScript enabled to view it.; or (2) Attn: Training Department, American Security, L.L.C., 1717 University Ave. W., St. Paul, Minnesota 55104.   Your notice must include: (i) identification of the copyrighted work allegedly infringed; (ii) identification of the allegedly infringing material and information sufficient for Company to locate the material on the LMS; (iii) name, telephone number, address and email address of the complaining party; (iv) a statement that the claim is made in good faith; and (v) the physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. The Company will promptly investigate any claims of copyright infringement and take appropriate action to remove any infringing content.   
11. WarrantY DISCLAIMER
    1. American Security is not a government agency or licensing authority. Although American Security has attempted to provide accurate information and training content on the LMS, User is solely responsible for determining whether the Services offered on the LMS will satisfy licensing requirements applicable to User.   Further, American Security cannot guarantee the Services will fully prepare User to become a qualified protective services professional.  
    2. American Security makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and training content and assumes no responsibility for any errors or omissions therein. AMERICAN SECURITY DOES NOT GUARANTee OR WARRANT THE SERVICES WILL MEET THE REQUIREMENTS OF YOUR EMPLOYER OR STATE REGULATORY OR LICENSING AGENCY.  American Security is not responsible for fines, loss of licensure, registration, or employment resulting from failure of the services to meet licensing requirements.
    3. To the maximum extent permitted by law, American Security expressly disclaims any and all warranties, express or implied, regarding the SERVICES AVAILABLE ON THE LMS, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  American Security is making the LMS content available “as is” and “as-available” and without warranty of any kind. Users assume the risk of any and all damage or loss from the use of, or the inability to use, the SERVICES AVAILABLE ON THE LMS.  American Security does not warrant that the content available on LMS will meet User requirements or that the operation of the LMS will be uninterrupted and/or error-free.  AMERICAN SECURITY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUSES OR OTHER TECHNOLOGICAL HARMFUL MATERIAL THAT MAY INFECT user’s COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR SERVERS DUE TO USE OF THE LMS OR ANY SERVICES OR WEBSITE LINKS.   THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  

12. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, OR INABILITY TO USE, THE LMS AND THE SERVICES PROVIDED ON THE LMS; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN COMPANY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOU USER CONTRIBUTIONS OR INFORMATION.  IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY COMPANY FROM YOU FOR YOUR USE OF THE LMS AND SERVICES IN THE PAST SIX MONTHS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH, TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO YOUR USE OF THE LMS OR SERVICES NOT COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES WILL BE PERMANENTLY BARRED.

 

13. Indemnification.You are solely and exclusively responsible for all of Your conduct in connection with the Services and LMS.  To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless American Security, its affiliates, licensors, officers, directors, employees, consultants, agents and representatives from any and all third-party claims, losses, liability, damages, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees and costs) arising out of or relating to: (i)  Your breach of these Terms of Use; (ii) Your violation of any applicable law; and (iii) Your infringement or misappropriation of intellectual property rights or other proprietary rights of the Company, its licensors, or any third parties. 

 

14. Waiver and Severability.No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

15. Changes to Terms of Use.The Company may revise and update these Terms of Use from time to time in its sole and exclusive discretion.  All changes are effective immediately when posted.  Your continued use of the LMS following the posting of revised Terms of Use means that you accept and agree to the changes.  You should check this page from time to time so you are aware of any changes, as they are binding on you.  

 

16. Entire Agreement.The Terms of Use and the Company’s Privacy Policy (including the Privacy Notice for California Residents, if applicable) constitute the sole and entire agreement between you and American Security regarding the LMS and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the LMS and Services.  These Terms of Use are intended to supplement, and shall not supersede, any release, waiver, and limitation of liability for Your participation in any training courses by American Security.

 

17. Non-Assignment.These Terms of Use are not assignable, transferable, or sublicensable by User except with American Security’s prior written consent. American Security may transfer, assign, or delegate these Terms of Use and their rights and obligations without consent.

 

18. Relationship of Parties.These Terms of Use do not create any express or implied agency, partnership, joint venture, or employment relationship between You and American Security.   You are not an agent of American Security and do not have any authority of any kind whatsoever to bind the Company.

 

19. Taxes.Course Fees do not include taxes. User is solely responsible for the payment of all taxes.

 

20. Injunctive Relief.You agree that any breach of Your obligations with respect to Company's proprietary or intellectual property rights will result in irreparable injury to Company for which money damages are inadequate, and You therefore agree that Company shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

 

21. Governing Law.The validity, interpretation, enforceability, and performance of these Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to the principles of conflicts of law thereof.

 

22. Binding Arbitration and Venue.  At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or Your use of the LMS and the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in St. Paul, Minnesota under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.  The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The decision and award of the arbitrator shall be final and binding.  Judgment upon award rendered may be entered in any court having jurisdiction.