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APEA Terms & conditions

Effective date: 1 January 2020

Welcome to APEA

The following terms and conditions (“Agreement” or “Terms & Conditions”) describes the terms under which Advanced Practice Education Associates, LLC (“APEA”) offers you use and access to its services and products.

BY REGISTERING FOR, SUBSCRIBING TO, ACCESSING, VISITING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF WWW.APEA.COM (“THIS WEBSITE”) OR ANY APEA SERVICES, PRODUCTS, WEBSITES, MOBILE APPLICATIONS, OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND REPRESENT THAT YOU ARE OF MAJORITY AGE AND CAPABLE OF ENTERING INTO A BINDING AGREEMENT. YOU SHOULD ALSO READ OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, DO NOT ACCESSS OR USE ANY SERVICES OR PART OF THIS WEBSITE.

APEA RESERVES THE RIGHT TO, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, MAKE CHANGES TO THIS AGREEMENT IN APEA’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS” HYPERLINK LOCATED AT THE BOTTOM OF THE HOME PAGE OF THIS WEBSITE.

PLEASE READ ALL TERMS CAREFULLY BEFORE SUBSCRIBING TO, ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY SERVICES OR PART OF THIS WEBSITE:

1. SUBSCRIPTION

You may be required to purchase and/or register for a subscription plan or one-time product to access parts of this Website and/or Services and educational content of APEA accessed through www.apea.com (“Product”, including paid options or free trials). APEA offers a number of different types of Products. Pricing, available content or resources, and period of time that the Product is active (“Subscription Term”) vary depending on your selected Product(s). APEA reserves the right, in its sole discretion, to remove, modify or update any and all content or features and functionality of the Products or Services during the Subscription Term. To be eligible to access and use APEA’s Services through a Product, you must (i) be of majority age in the applicable jurisdiction and capable of entering into a binding agreement; (ii) have an account in good standing with APEA, including all payment of fees and taxes; (iii) be in compliance with this Agreement; and (iv) meet any additional eligibility requirements that APEA may determine for a Product. For example, APEA may offer types of Products that are only available to organizations/entities that wish to provide APEA Services to their students or clinicians in a medical field (“Institutional Subscription”). If you are using Services or subscribing to a Product on behalf of an entity, you represent to APEA that you have authority to bind the entity to the terms of this Agreement.

A. SUBSCRIPTION TERMS

Access to Services under your Product automatically terminates when your Subscription Term expires. If you renew a subscription, you agree to the Terms & Conditions and Policies, including pricing and fees, that are current at the time of renewal. APEA reserves the right, in its sole discretion, to restrict, modify, suspend or terminate your access to any, all or any portion of, this Website, Services and/or your subscription for any reason at any time, without notice.

B. ACCOUNT REGISTRATION

To subscribe to or access parts of this Website and/or Services, you may be asked to provide certain registration details or other information. If APEA believes that the information you provide is not correct, not current, or incomplete, APEA has the right to refuse access to this Website or any of its Services, and to terminate or suspend your access at any time. During the registration process, you must enter a name and use a current email address and a password. When entering a name, you may not select the name of another person with the intent to impersonate that person; a name that violates any trademark rights, copyright or other proprietary right; or a name that is vulgar, offensive, defamatory, obscene, hatefully or otherwise objectionable. If APEA finds such a name or email address to be offensive or improper, APEA will be entitled, in its sole and absolute discretion, to change the name and/or terminate your use of the Service. Any passwords used for this Website and/or Services are for your individual use only. You may not share or distribute to a third party any login name or password used for accessing Services. APEA reserves the right to monitor any account for multiple logins. In the event that APEA believes at its sole discretion that an account is being used by multiple users at the same time, APEA reserves the right to terminate that account without any notice or refund. You will be responsible for the security and confidentiality of your password and should not disclose your account details to anyone else. APEA will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. However, you could be held liable for losses incurred by APEA or another party due to someone else using your account or password. APEA will be entitled to monitor your password and, at its discretion, require you to change it. In the event that you become aware of or reasonably suspect any breach of security, you must immediately notify APEA. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS APEA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY APEA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER APEA OR LAW ENFORCEMENT AUTHORITIES.

C. PAYMENT

You agree to pay APEA for any and all charges or fees for Services in accordance with terms specified in your invoice or otherwise in effect at the time of purchase. You will pay any applicable taxes, if any, relating to any such transactions. APEA, in its sole discretion and at any time, may modify pricing, fees, or any payment terms for any Services without notice. You may be asked to supply certain information relevant to your purchase including, but not limited to: credit/debit card number, expiration date, CVV code, payee name, email address and billing address (“Billing Information”). You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any transaction; and that (ii) the information you supply to APEA is true, correct and complete. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to, error in your order, fraud or an unauthorized or illegal transaction is suspected, or other reasons. This information is not stored in any APEA database.

With respect to transactions, we may use a third party not affiliated with APEA to process payments (a “Third-Party Processor”). By submitting Billing Information, you grant APEA the right to provide personal and financial information requested for billing purposes to a Third-Party Processor for purposes of facilitating the completion of transactions and authorize APEA or a Third-Party Processor to charge your payment method for purchased Services. You also agree and understand that this Third-Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third-Party Processor, you may be subject to additional terms of use/service and privacy policy(ies) of the Third-Party Processor. By submitting Billing Information, you grant APEA the right to provide personal and financial information requested for billing purposes to the merchant bank for authorization and approval. APEA will treat any personal information that you submit through this Website and/or Services in accordance with its Privacy Policy, which is incorporated into this Agreement by reference as if set forth fully herein, and which you can find at https://www.apea.com/privacy.

D. REFUND POLICY

Unless otherwise provided for under terms of this Agreement, or at the sole discretion of APEA, all fees are NON-REFUNDABLE and NON-TRANSFERABLE. For physical products eligible for return, a refund less shipping cost will be issued for the cost of all physical products received back by APEA in brand new condition within 30 days from the shipping date. If product is sent to customer with shrink wrap, the original shrink wrap must be intact to be eligible for refund. APEA does not pay return shipping. APEA reserves the right to change this policy at any time without notice. Some physical products are not eligible for return. These include but are not limited to: MP3 Players, Amelie's Antibiotic Cards, Pediatric Antibiotic Guide, Pharm in a Flash!, Building Blocks Flash Cards, Building Blocks Guide to Growth & Development, Guide to Billing & Coding in the Outpatient Setting, Topical Steroid Prescribing Guide, and Tool to Identify Myocardial Infarction. For online and app products, no refunds or credits will be granted, including for any unused content or partially unused period of time during the Subscription Term. You may cancel your subscription at any time however you will not be entitled to receive a refund or credit. If in its sole discretion, APEA issues a refund or credit, APEA is under no obligation to issue the same or similar refund in the future.

2. INTELLECTUAL PROPERTY

A. OWNERSHIP

You agree that the material and 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) accessible from this Website and/or use of Services, and any other web site owned, operated, licensed, or otherwise controlled by APEA (the “Property”) is the proprietary information of APEA, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree that APEA is the sole owner of all right, title, and interest in APEA Property, in all derivative works, and in APEA’s patents, trademarks, copyrights, service marks, logos, or other intellectual properties, all of which are retained by APEA. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Property. Neither title nor intellectual property rights are transferred to you by access to this Website and/or use of Services. Modification or use of the Property, except as expressly provided in this Agreement, violates APEA’s intellectual property rights.

You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to this Website or Property, except as expressly permitted under this Agreement.

3. LICENSE

A. LIMITED LICENSE

You may access and view the content on this Website and Services on your computer, mobile device, or other internet compatible device. To the extent you need to download documentation to use or during the use of the Services, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use the products or services. This Website and Services are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, this Website at any time and without prior notice. For our mobile application, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your personal, non-commercial use only.

B. LIMITED LICENSE TO INSTRUCTORS ASSOCIATED WITH AN INSTITUTIONAL SUBSCRIPTION

Subject to your compliance with this Agreement and Policies, APEA hereby further grants to an instructor associated with an Institutional Subscription (“Instructor”) a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable and non-commercial copyright license to works of APEA Content in the form of exams, quizzes, question sets, and assessments (the “Exams”), and for Instructor to distribute the Exams through APEA’s secure platforms, including Online Testing Center, CE Center, MyQBank, and any other APEA platforms, to its students (“Students” or “Student”) subject to the terms of your subscription to APEA services. This limited license is for the purpose of allowing university students to complete exams, tests, and videos on APEA’s secure online platform (the “Purpose”). Instructor will obtain all other necessary rights, licenses, and permissions to use the Exams for the Purpose. Use of the APEA Content for any purpose other than the Purpose is strictly prohibited. Instructor may not, during or after the Term, license, sublicense, or authorize third parties to use the APEA Content or Exams.

C. TERM OF LIMITED LICENSES

APEA reserves the right to terminate any and all licenses or to change or modify any terms of any and all licenses, at any time in its sole discretion. We may restrict, suspend or terminate your access to this Website and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability. All licenses granted to you under this Agreement shall automatically terminate upon termination or expiration of your Subscription Term. APEA reserves all rights of every kind and nature except those specifically granted to you.

D. AUDIT COMPLIANCE WITH LICENSE TERMS

APEA may, at its election and with reasonable notice, audit your use of APEA Content and copyrighted materials to ensure compliance with this Agreement. You (and if an Instructor, on behalf of itself and its Students) agree to provide access to relevant records and to cooperate with any such review or inquiry.

E. USER SUBMISSIONS

If you submit comments, photos and other content to APEA (“User Content”) through This Website, social media communities, survey responses, email or otherwise, you grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. APEA will treat any personal information that you submit through this Website in accordance with its Privacy Policy which you can find at https://www.apea.com/privacy.

4. USER OBLIGATIONS

As a condition of your use of this Website and/or Services, you warrant to APEA that you will use this Website, Services, or APEA Content, only for purposes that are lawful and permitted by this Agreement or Policies.

This is a non-exhaustive list of obligations that you – not APEA – are solely responsible for:

Promptly updating all information to keep your account information current, complete and accurate (such as name, email address, billing address, etc.).
Ensuring that your computer or mobile device is appropriately used and safeguarded.
Notifying APEA immediately in the event that your computer or mobile device is lost or stolen, so that we may disable access to the account. Any violations of this Agreement or Polices by a third party accessing your account will be treated as if you performed those violations, and you will be fully liable for any damages directly or indirectly resulting from those violations.
Determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party’s proprietary rights. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
Obtaining access to the Internet and providing all equipment and software necessary to make such connection to the Internet – including a computer or other device.
Payment of any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from use of the software on your devices, including in the event of software malfunction.
Using an APEA recommended system requirements including the version of an operating system, Internet browser, and any other required software or compatible device to access Services.
Obtaining and paying fees related to any additional software, subscription, connectivity services or equipment necessary to access the Services, including but not limited to payment of all associated third-party fees.
Any damages to your devices, operating systems, and/or any data loss resulting from the direct or indirect installation or use of any software or mobile applications. No refunds or cancellation will be honored due to your inability to install and/or use the provided software on any mobile device (regardless of whether or not the device meets the minimum system requirements).
Promptly installing any updates to an APEA mobile application in order for the app to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.
Sending and receiving, at your cost, electronic communications related to the mobile app, including without limitation, administrative messages, service announcements, diagnostic data reports, and app updates from APEA, your mobile carrier or third-party service providers.
Implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. APEA does not assume any responsibility or risk for, or costs related to, your use of the Internet. You understand that APEA cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.

5. PROHIBITED USES

You may use this Website and/or Services for purposes expressly permitted by this Website and/or Services. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided to you through this Website and/or Services.

APEA specifically limits your use of this Website and/or Services. By using the Website and/or Services, you agree to the following limits on your use, and you further agree not to assist others to use the Website and/or Services as follows:

Any commercial distribution, publishing or exploitation of this Website and/or Services, or any content, software, code, data or materials on this Website, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on this Website or any materials or content related to our programs even if the materials or content are not accessed through this Website. If you improperly use this Website, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
We may investigate and/or terminate your account if you misuse this Website or behave in any way that we regard as inappropriate or unlawful. You agree that, while using this Website and the various products, services and features offered on or through this Website, you will not: (i) impersonate any person or entity, including APEA, or misrepresent your affiliation with any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (ii) insert your own or a third party's advertising, branding or other promotional content into any of this Website's content, materials or services; or (iii) gain or attempt to gain unauthorized access to other computer systems through this Website.
You agree to not: (i) engage in harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on this Website or for any products, services, or features offered on or through this Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through this Website or the products or services offered on or through this Website, including but not limited to any information residing on any server or database connected to this Website or any products or services offered on or through this Website; (ii) use this Website or the products or services made available on or through this Website in any manner with the intent to interrupt, damage, disable, overburden, or impair this Website or such products or services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests; or (iii) use this Website or this Website's products or services in violation of any applicable law or the legal rights of any third party.
You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, gain unauthorized access to, damage, disrupt, or otherwise alter or interfere with this Website or Services or any server, computer, or database connected to this Website.
You agree that you will not upload, post, transmit, distribute or otherwise publish through this Website or any product, service, or feature made available on or through this Website, any materials which: (i) restrict or inhibit any other user from using and enjoying this Website or this Website's products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, spam, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off this Website.
You agree to not: (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Services, or which, as determined by APEA, may harm APEA or users of this Website or expose them to liability; (ii) use Services in any manner that could disable, overburden, damage, or impair Services or interfere with any other party’s use of Services, including their ability to engage in real time activities through them.
You agree not: (i) to assist others to use the Website and/or Services to reproduce any part of this Website or APEA Content on any bulletin boards, web sites, discussion forums, Internet domains, or online chatrooms; (ii) attempt, in any way, when using a mobile device or mobile application to copy or capture the contents of any test screen (including, but not limited to, via any OEM-provided functionality or third-party applications) unless otherwise provided. APEA reserves the right to disable your account without refund in the event that you attempt and/or copies any APEA copyrighted content.

6. THIRD PARTY PROVIDERS

Certain features of this Website and/or Services may use the services and/or products of third-party vendors and business partners, which services and/or products may include software, information, data collection or other services. When using features from third-party service providers, you understand that you may be subject to additional terms of use/service and privacy policy(ies) of the third-party service provider. As a result of your use of this Website and/or Services, additional fees and charges from your third-party service providers may apply.

If you access a Service through a mobile application or other type of third party platform, the applicable end user license agreement for the service through which you downloaded the application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.

7. LINKS

This Website may be hyper-linked to other sites which are not maintained by, or related to, APEA. Hyper-links to such sites are provided as a service to users and are not sponsored by, endorsed by, or affiliated with this Website or APEA. APEA has not reviewed any or all of such sites and is not responsible for the content of those sites. APEA is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and APEA makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Website. APEA provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by APEA of that site or any association with its operators.

8. DISCLAIMER OF WARRANTIES

Use of this Website and/or Services are for educational purposes only. This Website and/or Services are designed as a study tool and not intended to be all-inclusive and not meant to define the standard of care for the clinical practice of any health care specialty. Also, the Services should not be used to replace the required core content of any school. The materials on this Website are provided for general nurse practitioner education purposes only and are not meant to be applied rigidly and followed in all cases. Use of this information in a particular situation remains the professional responsibility of the practitioner. The information provided in APEA is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. You understand that Predictor Exam Scores, MyQBank scores, any score or assessment, or CareOnPoint content is designed to help you assess relative strengths and weaknesses in different subjects and systems of clinical care. APEA does not guarantee or warrant any level of performance on any and all assessments or examinations of any kind.

APEA disclaims any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, from the use and application of any of the contents of the Services.

YOUR USE OF THIS WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK. SERVICES, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. APEA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. APEA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APEA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND APEA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT APEA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF SERVICES, THIS WEBSITE OR ITS CONTENT. APEA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

9. LIMITATION ON LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL APEA OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THIS WEBSITE, YOUR PROVISION OF INFORMATION VIA THIS WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS WEBSITE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBITE AND/OR SERVICES, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THIS WEBSITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.

10. INDEMNITY

You will release, indemnify, defend, and hold APEA, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any claim, damages, or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly, or indirectly, from the receipt, enjoyment, ownership, possession, use, misuse, or inability to use this Website and/or Services, information provided by this Website and/or Services, or participation in a contest or a related activity offered through this Website and/or Services, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation, (i) breach of this Agreement by you, your agents, or affiliates, (ii) any condition caused by events beyond APEA ’s control that may cause this Website and/or Services to be disrupted or corrupted, (iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of this Website and/or Services, and (iv) any printing or typographical errors in or on the Website and/or Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website and/or Services.

11. GOVERNING LAW AND FORUM

This agreement is governed by the laws of the State of Louisiana (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement Any suit or legal proceeding must be exclusively brought in the federal or state courts for Lafayette Parish of Louisiana, and Customer submits to this personal jurisdiction and venue.

APEA may revise these Terms & Conditions at any time by updating this posting.

Yes, I agree to the Terms & Conditions

APEA Privacy Policy

Effective date: 1 January 2020

Ascend Global Privacy Policy

You have visited an Ascend Learning, LLC affiliate or brand website or registration page. Ascend Learning, LLC and its affiliates and subsidiaries worldwide (collectively “Ascend,” “we,” “our,” or “us”) value your privacy. This Global Privacy Policy (“Policy”) explains how Ascend collects, uses, and discloses information from or about you when you use our websites, services, applications, software, products, and other digital services that link to this policy, or if you otherwise engage in business with us (collectively the “Services”).

This Privacy Policy applies to the Services we provide throughout the world. Any additional privacy terms that relate to specific products or services should be read in conjunction with this Policy. We offer the Services through a wide range of businesses and under many different brands. The data controller of your information will be the Ascend entity which provides the Services to you or does business with you, except when the Ascend entity is designated as the data processor, as fully defined below. You can find out more information about Ascend, including a list of our brands, here, and you can find contact information for each of our brands in the Contact Us Section below.

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. BY USING THE SERVICES, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE POLICY AND THAT WE WILL COLLECT, USE AND DISCLOSE YOUR INFORMATION AS SET FORTH BELOW.

Please note that some of our Services are provided to legal entities that have entered into a customer agreement with us (“Customers”) to provide our Services to their end users (“Customer End Users”). In such circumstances, Ascend is the “data processor” or “service provider” to the Customer, and the Customer is the “data controller.” Ascend processes Customer End User information under the instructions of the Customer, or as the Customer otherwise permits, as described in the applicable customer agreement or as otherwise required by applicable law. In the event of a conflict between this Policy and the relevant customer agreement and any related data protection terms thereto, the services agreement will govern. If you are a Customer End User and you have questions about how your information is collected and processed through the Services, please contact the Customer with whom you are affiliated or which has provided your information to us for more information.

This Policy contains the following sections:

The Information We Collect and Its Sources
Online Analytics and Advertising
How We Use Your Information
How We Disclose Your Information
De-Identified Information
Legal Bases for Use of Your Information
Children
Your Rights
How We Protect Your Information
Data Retention
Third Party Links and Features
Privacy Information for California Residents
Information for International Users
Updates to Our Privacy Policy
Contact Us

The Information We Collect and Its Sources

The information we collect about you depends on the Services you use, how you use them, and the information you provide to us. We collect information in three main ways: (1) information you provide directly to us; (2) information we collect automatically through technology when you use the Services; and (3) information we collect from other sources.

(1) Information you provide directly to us.

When you use our Services, you may provide certain information directly to us. For example, you may provide us with information when you register to use the Services and create an account; use, access, or participate in the Services; subscribe to a newsletter; place an order or make a purchase from us; interact with us through social media; post comments, photos, or videos to the Services; participate in surveys or research; or communicate and interact with us for customer service or other purposes.

The categories of information we may collect directly from you (which could vary by affiliate or brand) include:

Contact and account identifiers, such as name, address, telephone number, email address, and login credentials.
Commercial and financial information, such as financial account information and purchase and transaction history. Note that sometimes your financial account information (e.g., credit card data) will be collected by our third-party payment processors on our behalf in connection with your purchase.
Sensory information, such as video and voice recordings through our Services or as part of customer service interactions, or under limited circumstances, unique voiceprints of your voice generated to verify your identity when taking an exam or certification
Demographic information, such as your interests, preferences, age, and gender.
Geolocation information, which may be general location derived from your IP address or, with your consent, more precise GPS location information.
Professional or employment-related information, you may provide us with data about yourself, including your educational background, résumé, work hours, scheduling, and other information, when you apply for a job with us or in connection with certain training or certification programs offered as part of the Services.

Note on time tracking. If you use certain Services (e.g., MedHub) and have enabled the time tracking app on your mobile device, we will collect the time you enter and the time you leave your clinical site campus to assist you in completing your timecard. The time tracking does not track your location once you have entered the campus or at any time you are off campus.

Educational information, which may include information about your educational background, institution name, faculty evaluations, clinical activities, procedures performed, personal learning behaviors, competencies, test results, grades and scores, milestones, graduation dates, and various metrics related to your learning of particular subject matters, which may be collected and/or required in connection with our Services.
Protected classification information, such as your race or ethnicity, where we are required or permitted by law to collect such information.
Inference information, which is information we derive or infer about your potential interests and behaviors based on other information we collect.

Please note that some of the information we collect from and about you (race, ethnicity, voiceprint data, and precise geolocation information) is considered “sensitive information” under applicable laws. Ascend complies with these laws in its processing of sensitive information and does not process sensitive information for purposes other than business purposes for which a "right to limit" applies under applicable law.

A Note About Educational Records (FERPA) and Medical Records (HIPAA). In providing our Services, we are not directly covered by the U.S. Family Educational Rights and Privacy Act (“FERPA”) or the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). However, to the extent we are required to comply with such laws by contract with an organization who provides your information to us or with which your use of our Services is affiliated, or with whom we share your information, and to the extent that such information provided to us is subject to FERPA or an equivalent law or regulation for your state or country of residence (“Student Data”), or HIPAA or an equivalent law or regulation for your state or country of residence, we will comply with such applicable law as required by such contract.

Please note that any information provided by an educational institution or by you for purposes of obtaining professional certifications or credentials, including, but not limited to, your contact information, data related to the results of certification exams or credential programs, data pertaining to your certification status, your continuing education information, and data related to recertification, if any, is deemed “Certification Data,” even if such data was originally subject to contractual restrictions as Student Data. Certification Data may be subject to disclosure to our accreditors, regulatory agencies, or other professional oversight bodies and, with respect to certification status, the general public. By accepting this Policy, you agree to the reclassification of your Student Data to Certification Data as provided in this section and to our use of such Certification Data in accordance with this Policy.

(2) Information we collect automatically through technology when you use the Services

When you use our Services, we may automatically collect certain information through a variety of third-party technologies, including cookies and similar tools. To the extent permitted by applicable law, we may use such information to make automated decisions, including using machine learning algorithms, about users of our Services in order to provide or optimize the Services, for security or analytics purposes, and for any other lawful purpose. Please refer to the Online Analytics and Advertising section below for further information regarding cookies.

Some of the information we automatically collect when you use our Services includes:

Online/device identifiers, such as your IP address, MAC address, browser language, the state or country from which you accessed the Services (as derived from you IP address), and software and hardware attributes (including device IDs, operating system, and browser type).
Internet or other similar network activity, including referring and exit URLs, the links you click and files you download, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our Services, error logs, the date and time you accessed the Services, and similar information.

(3) Information we collect from other sources and public forums

We may receive information about you from other sources, such as business partners, sponsors, Customers, educational institutions, marketers, researchers, analysts, social network services, and other parties to help us supplement our records. We may combine the information we collect from these sources with the other information we collect from and about you and use such combined information in accordance with this Policy.

Certain features of our Services may make it possible for you to share comments, photos, or other content publicly with other users. Any information that you submit through these features is not confidential, and we may use it for any purpose permitted by law. Please be aware that any information you post openly through the Services that is viewable by other users may be used and shared by such other users. Accordingly, please take care when using these features.

Online Analytics and Advertising

We may use cookies and similar technologies to operate and improve our Services, and to provide relevant advertising to you. A “cookie” is a unique numeric code that we transfer to your device browser so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the websites. We may use cookies, log files, pixel tags, web bugs, web beacons, clear GIFs, or other similar technologies to collect information about the ways you interact with and use our Services, to support and enhance features and functionality, to monitor performance, to personalize content and experiences, for marketing and analytics, and for other lawful purposes. We refer to all of these technologies together as “cookies.” We may use the following types of cookies and similar technologies:

Strictly necessary cookies. These cookies are required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas.
Analytical/performance cookies. We may use third-party web analytics services (such as those of Google Analytics) to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns. We, our service providers, and our vendors may also use cookies and similar tools to collect information on how you use our Services, such as information about your browsing behavior, page visits, clicks and cursor movements, searches, customer service interactions, and screen recordings.
Functionality cookies. These cookies remember choices you make and recognize you when you return. This enables us to personalize our content and remember your preferences (for example, your choice of language or region).
Advertising/Targeting Cookies. We allow select third party advertising technology partners to place cookies or other tracking technologies on the browser of your device to collect information about you as discussed above. These third parties (e.g., ad networks and ad servers such as Google, Facebook, and others) may use this information to serve relevant content and advertising to you as you browse the Internet and access their own cookies or other tracking technologies on your browser to assist in this activity. If you are interested in more information about these online advertising activities, and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. Please note that if you use these mechanisms, you may still see advertising on our Services or across the Internet, but it will not be tailored to you based on your online behavior over time.
You can also opt out of our online advertising practices by using our “Your Privacy Choices” management tool.

Cookies Management

Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through our Services, such as tests, trainings or other activities.

How We Use Your Information

We may use the information we collect for the following business purposes:

To provide the Services you have requested, such as to complete a purchase; to grant you access to our resources; deliver your training, certification, or assessment service; and track, analyze, and report on your progress, success, results, performance, registrations, incomplete attempts, predictive analytics, and results in connection with our Services.
To communicate with you, for example, keeping you posted on purchases; Services updates; and changes to our terms, conditions, and policies.
For marketing and advertising purposes, when permitted by law, including providing you with the latest Services announcements, promotions, and information about upcoming events via email, mail, phone, and SMS unless prohibited by contract. To opt out of marketing, please follow the unsubscribe instructions in the marketing communication or email us using the contact information below. Please note that it may take some time, consistent with applicable law, to process your request. Also, please note that your opt out will only apply to the specific Ascend entity that sent you a marketing communication.
To personalize your experience and customize the Services, such as delivering relevant content and recommending features through our Services.
To respond to employment inquiries, such as by processing your job application or facilitating your interview process.
To analyze use of the Services, including performing research and analytics to understand how users interact with our Services and advertisements, and to assess our Customers’ performance as compared to each other.
To improve our Services, including bug detection and error reporting, improving usability and effectiveness of our Services, and to test and create new products, features, and services.
For our business operations, including maintaining your account; providing customer service; and for legal compliance, such as detecting security incidents, complying with applicable law or legal requirements, protecting against malicious, deceptive, fraudulent, or illegal activity, and verifying compliance with our legal terms.
Other purposes for which we seek your consent. We may also use your information for a specific purpose that we communicate to you. We will ask for your consent to process your information for such purpose in accordance with applicable legal requirements.

How We Disclose Your Information

We may disclose your information to the following entities:

Affiliates: In accordance with applicable legal requirements and depending on our contracts with you or our Customers, we may share information among Ascend’s various brands and entities for the business purposes as discussed above and in this Privacy Policy.
Researchers: We may share your information to generate reports and analytics to be used by researchers or third parties in the industries or fields that we support to better understand changes and trends in such industries or fields.
Your Educational Institution, Employer, and other Organizations: If you are using the Services as a Customer End User, we may share information about your use of the Services with your employer or educational institution (including relevant faculty and staff), in accordance with our services agreement with our Customers. We also may share information with governmental agencies, oversight organizations, professional organizations, accreditation organizations, and industry self-regulatory organizations where required or permitted by law. For more information about what information your employer or educational institution, if applicable, collects and how it uses and shares your information, please contact your employer or educational institution directly.
Social Networks: We may share your information with social media platforms. For example, if you click on a Facebook “like” button on the Services, the “like” may appear on your Facebook account. Or you may choose to share information directly on these platforms using sharing plug-ins. To control this sharing of information, please review and adjust your privacy settings for the relevant social network. Depending on your privacy settings and actions on such network, we may share contact information, identification and demographic information, user-generated content, device information and identifiers, connection and usage data, and social media information.
Service Providers: We engage vendors to perform business purposes, as described above, on our behalf and may disclose information to them to enable them to assist us with such business purposes, including research and analytics, hosting, transaction and payment processing, administration, test delivery, fraud prevention, identity management, and other services. Service providers may use such information for their operational purposes in order to provide their services to us.
Law Enforcement, Regulators, Anti-fraud Coalitions, Attorneys and similar organizations: We share the information we collect, as appropriate, with these third parties when we have a good faith belief that such sharing is necessary to protect and enforce the legal rights, privacy, and safety of ourselves and our users; protect against possible fraud, misuse or misappropriation of our Services, or illegal activity; respond to requests from government and other authorities; protect our intellectual property rights and the integrity of our Services, and otherwise comply with legal process.
Business transactions: In the event that Ascend, or any Ascend affiliate is involved in a merger, acquisition, transfer or sharing of control, bankruptcy, reorganization or sale of some or all assets, we may sell or transfer the information described in this Policy as part of that transaction or diligence associated with or in contemplation of such matters.

De-identified Information

We may de-identify information we collect so the information cannot reasonably identify you or your device, or we may collect information that is already in de-identified form. Our use and disclosure of de-identified information is not subject to any restrictions under this Privacy Policy, and we may use and disclose it to others for any purpose, without limitation.

Legal Bases For Use of Your Information

The laws of some jurisdictions, such as the European Union, the UK, and Brazil, require companies to tell you about the legal bases for processing your information. To the extent those laws apply, we rely on the following legal bases:

Performance of a contract: where use of your information is necessary to provide you with the Services under a contract, for example the relevant Customer services agreement.
Legitimate interests: where use of your information is necessary for our or others legitimate interests and where the use is not outweighed by your rights and interests. Some examples of such interests include:

providing and improving the Services
recognizing and better understanding our users
conducting security and fraud prevention activities
building and managing business-to-business relationships
conducting compliance and risk management activities
providing and managing access to our systems

Legal obligations: where use of your information is necessary to comply with laws and regulations such as those relating to tax and accounting, complying with requests from government bodies or courts, or responding to litigation.
With consent: we may ask for your consent to process your information in a certain way. Where we rely on this basis, you have the right to subsequently withdraw your consent.

Children

Most of our Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required in connection with such Services, we will take reasonable steps to delete it as soon as possible.

However, please note that we do provide limited Services directly to educational institutions that enter into agreements with us as Customers for their educational purposes (e.g., Kognito), and which might be used by students, including children under 13, at the direction of such Customer. In such circumstances, we serve as a “school official” to the school under FERPA and similar state student privacy laws, and collect, use, process, and share Student Data only in accordance with FERPA. Moreover, to process Student Data about children under 13, we rely on the educational institution Customer’s consent as an agent of the student user’s parent or legal guardian, as permitted by law. We limit the use of Student Data collected pursuant to the terms of the applicable Customer services agreement and secure such Student Data as required by law. We do not use Student Data for any commercial purpose, targeted advertising, profiling, or onward disclosure, unless we have the express consent of the student about whom the Student Data pertains and such student is of the age of consent. We also respond to requests by our educational institution Customers and parents related to Student Data (e.g., access or deletion).

Your Rights

Depending on where you live, you may have certain rights with respect to your information. Ascend will not discriminate against you for exercising these rights.

For example, you may be able to ask us to (or have an agent request on your behalf):

provide access to certain information we hold about you, in some cases in a portable format, if technically feasible
update or correct your information
delete certain information
restrict the use of your information
object to certain processing activities (e.g., direct marketing)

We will respond to your request within the time period prescribed by applicable law. Please note that many of the above rights are subject to exceptions and limitations and may impact your ability to use our Services. For example:

some Services can only be provided if we have your information, therefore deletion of your information will result in termination of such Services.
we are required to retain some of the information we collect from and about you for certain periods of time for legal purposes or as required by the applicable Customer agreement.
not all information about you can be changed in response to a correction request, such as your assessment scores or where we have records about how much time you spent working in a training module (which is subject to certain regulatory oversight rules that require retention).

We will take reasonable steps to verify your identity before fulfilling your request. You may submit your request through an authorized agent with written permission from you. Please note that if we receive a request from an authorized agent, we may still need to verify you before fulfilling the request.

Note that in certain circumstances and in accordance with applicable law, you may be able to appeal our response to your request. In such circumstances, we will provide you with additional information about your appeal rights and how to exercise them.

If you are using the Services as a Customer End User, please contact your employer, educational institution, or other organization that is our Customer to exercise your rights.

Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes. While we do not sell your information in exchange for money, as explained above, we may provide information about your device and online browsing activities to third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our services, and use analytics partners to assist us in analyzing the use of our Services and our user/customer base. The disclosure of your information to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law or the processing/sharing of personal information for targeted advertising purposes.

If you would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing” for purposes of targeted advertising, please click here. Please note that you will need to exercise your right separately for each Ascend Service you use and on each browser and device you use to access such Services. You can also submit a request to opt out of our offline disclosures of information that are subject to applicable opt out rights by using the information in the "Contact Us" section below. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.

Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.

How We Protect Your Information

We maintain organizational, technical, and physical safeguards to help protect the information we collect and use. These safeguards vary depending upon a variety of factors including the sensitivity of the information we collect and use. Despite all reasonable practices, no security method is infallible. If you have any concerns regarding the security of your account, please inform us promptly using the contact information below.

Data Retention

We will keep your information only for as long as it is necessary to fulfill the purposes described in this Policy, unless a longer retention is required or permitted by law. We may delete or de-identify your information sooner if we receive a verifiable deletion request, subject to exemptions under applicable law. The retention period that applies to your information may vary depending on the Services you use and how you interact with them. We may retain cached or archived copies of your information.

Third Party Links and Features

The Services may contain links or other connections to other third-party websites, platforms, products, services or applications that are independent of our Services. The information collection practices and privacy policies of these third parties may differ from ours. We provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Ascend of any site or any information contained therein.

Privacy Information for California Residents

If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with the following additional information about: (1) the purpose for which we use each category of “personal information” (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) “share” personal information for “cross-context behavioral advertising,” and/or (c) “sell” such personal information. Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. As discussed in the "Online Analytics and Advertising" section above, our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” or "sharing" under the CCPA.

The following chart details these activities:

Category of Personal Information	Categories of Third Parties to Which Ascend Discloses this Personal Information for a Business Purpose	Categories of Third Parties to Which Ascend “Shares” or "Sells" this Personal Information
Contact and account identifiers	Affiliates; Researchers; Your Employer/Institution; Social Networks; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	Advertisers and Ad Networks; Social Networks
Online/device identifiers	Affiliates; Advertisers and Ad Networks; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	Advertisers and Ad Networks; Social Networks
Internet or similar network activity	Affiliates; Researchers; Your Employer/Institution; Advertisers and Ad Networks; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	Advertisers and Ad Networks; Social Networks
Commercial and financial information	Affiliates; Your Employer/Institution; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	We do not “share” or "sell"
Sensory information (e.g., photos and videos of you)	Affiliates; Researchers; Your Employer/Institution; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	We do not “share” or "sell"
Demographic information	Affiliates; Researchers; Your Employer/Institution; Advertisers and Ad Networks; Social Networks; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	Advertisers and Ad Networks; Social Networks
Geolocation information	Affiliates; Researchers; Your Employer/Institution; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	We do not “share” or "sell"
Professional or employment-related information	Affiliates; Researchers; Your Employer/Institution; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	We do not “share” or "sell"
Educational information	Affiliates; Researchers; Your Employer/Institution; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	We do not “share” or "sell"
Protected classification information	Affiliates; Researchers; Your Employer/Institution; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	We do not “share” or "sell"
Inference information	Affiliates; Advertisers and Ad Networks; Social Networks; Service Providers; Entities for Legal Purposes; Entities for Business Transactions	Advertisers and Ad Networks; Social Networks

For more information about each category of personal information, sources of such personal information, purpose of use, and the third parties to which we disclose or share information, please see the “Information we Collect and Its Sources” , “Online Analytics and Advertising,”, “How We Use Your Information,” and “How We Disclose Your Information” sections above.

Your Choices Regarding “Selling/Sharing.” You have the right to opt out of our sale/sharing of your personal information for purposes of online analytics and advertising by clicking here. To opt out of the offline disclosure of your information to third parties for these purposes, please contact us using the information in the "Contact Us" section below. You will need to exercise your opt out rights for each Ascend Service you use, and on each browser and device you use to access such Services.

Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.

Sensitive Information. The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for purposes for which you cannot opt out under the CCPA.

Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our websites for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. Some web browsers offer users a “Do Not Track” privacy preference setting in the web browser. We do not currently recognize or respond to browser-initiated Do Not Track signals. Please note that Do Not Track is a different privacy mechanism than the “Global Privacy Control” browser choice referenced above, which is a browser-based control that indicates whether you would like to opt out of the disclosure of your personal information for certain purposes.

Retention of Your Personal Information. Please see the “Data Retention” section above.

Financial Incentive Programs. The Services may offer opportunities to receive certain services or benefits such as discounts or free trial services, which may require the provision of personal information. Such opportunities could be considered “financial incentives” under California law (each, an “Incentive Program”). When you participate in an Incentive Program, you will be asked to agree to the terms of that Incentive Program and may revoke your participation depending on the Incentive Program. To the extent we can determine the value of your information, we consider the value of providing you with a more personalized experience as well as the expenses we incur in providing Incentive Programs that are reasonably related to the costs associated with offering the Incentives.

California “Shine the Light.” California residents can also request a list of all the third parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. California residents may contact us using the contact information provided below. In the body of your request, you must include: “California Shine the Light Request”, your name, a current California address including street address, city, state, and zip code, as well as sufficient information for us to determine if the law applies to you. You will need to attest to the fact that you are a California resident. We will not accept requests by telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Information for International Users

Ascend is a global company and has its headquarters in the United States. We may transfer your information to affiliates, service providers, and other third parties located outside of your country of residence, including in the United States. This is necessary to provide our Services and for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. We take steps to ensure that reasonable safeguards are in place with aim to ensure an appropriate level of protection for your information, in accordance with applicable law. These measures include data transfer agreements. By providing us with your information, you acknowledge and expressly agree to any such transfer, storage or use.

Ascend complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Ascend has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Ascend has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov. The Ascend entities which maintain Certification under these frameworks include ATI, MedHub, NASM/AFAA, and NHA.

If you are a resident of the EU, UK, or Switzerland, you may direct any questions or complaints concerning our Certifications to the contact information listed below. We will work with you to resolve your issue. In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Ascend commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-data-privacy-framework for more information or to file a complaint. The services of JAMS are provided at no cost to you.

The Federal Trade Commission has jurisdiction over Ascend’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

Questions or Complaints – Europe

If you are a resident of a European country participating in Privacy Shield, you may direct any questions or complaints concerning our Privacy Shield compliance to the contact information listed below. We will work with you to resolve your issue. If you consider our Processing of your Personal Data to be inconsistent with the applicable data protection laws, you may lodge a complaint with your local supervisory Data Protection Authority responsible for data protection matters.

If you do not receive a timely response to your concern, or we have not addressed your concern to your satisfaction, you may seek further assistance, at no cost to you, from JAMS, which is an independent dispute resolution body in the United States. For information about JAMS, please see https://www.jamsadr.com/eu-us-privacy-shield.

You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, you must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees.

Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). For information about Privacy Shield, please see https://www.privacyshield.gov/welcome.

Updates to Our Privacy Policy

We reserve the right to amend this Privacy Policy at any time to reflect changes to our practices or the law. Please check the Services periodically for updates. The date at the top of the Privacy Policy tells you when it was last materially updated. If we make material changes to the way we collect or use your information, you will be provided with appropriate notice, including by, but not limited to, posting the updated Policy on the Services, and providing notice in accordance with legal requirements. Any changes to this Privacy Policy will become effective when the revised Privacy Policy is posted. By continuing to use the Services following any changes to this Privacy Policy, you acknowledge you have read and understand the updated Privacy Policy, and you understand that we will collect, use, and disclose information as stated therein.

Contact Us

For any questions or complaints about this Privacy Policy or our privacy practices, please contact the relevant Ascend entity or brand listed below:

Effective September 2023

Yes, I agree to the Privacy Policy