ASSESSMENT TECHNOLOGIES INSTITUTE, LLC

TERMS AND CONDITIONS

THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND ASSESSMENT TECHNOLOGIES INSTITUTE, LLC (“ATI”), AND GOVERN YOUR USE OF ATI PRODUCTS AND SERVICES AND RELATED MATERIALS, WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE, INCLUDING, BUT NOT LIMITED TO, ATI CURRICULUM, BOOKS AND EBOOKS, COURSE CONTENT, INSTRUCTIONAL AND TEST PREPARATORY MATERIALS, VIDEOS, TUTORIALS, TESTING AND ASSESSMENT MATERIALS, AND RELATED ATI RESOURCES (COLLECTIVELY REFERRED TO HEREIN AS " ATI PRODUCTS”) MADE AVAILABLE TO YOU BY ATI, INCLUDING BUT NOT LIMITED TO, THROUGH ATI’S ONLINE HOSTED PLATFORM AND RELATED CUSTOMER SERVICES (“ ATI SERVICES”). YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH ATI AND BEFORE YOU ACCESS ATI PRODUCTS. TO AGREE TO THESE TERMS, CLICK “I AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE.” IF YOU DO NOT CLICK “I AGREE”, YOU WILL NOT BE ABLE TO REGISTER FOR ATI PRODUCTS USE AND YOU SHOULD NOT ACCESS ATI PRODUCTS.

YOUR ATI PRODUCTS ACCOUNT

Prior to creating an account with ATI (“Account”) for your use of ATI Products, you will be required to provide certain information, establish a user name and password, and may be provided with access codes and product codes by ATI. When establishing your Account, You agree to provide complete and accurate information to ATI and to permit ATI to store and use your registration data for use in maintaining your Account. You agree to notify ATI of any changes in your personal or registration information. You agree to protect your username and password, as well as any access codes and product codes provided by ATI, and not share them with others or permit any unauthorized use of ATI Products or ATI Services. If you have reason to believe that someone is using your account without your permission, you should contact ATI immediately. ATI will not be responsible to you or any third party for any loss or damage resulting from your failure to notify ATI of unauthorized use or from your allowing others to use and/or not adequately protecting your password, access codes or your Account with ATI. By establishing an Account, you certify and represent that any exam, test, assessment, or other interactive tool offered through ATI Products will be completed and utilized only by you and you will not permit any other person to falsely answer exam, test, and assessment questions under your name. You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of ATI Products may result in invalidation of your scores and records stored on ATI Products, immediate suspension or termination of your access to ATI Products, and disciplinary action by your school or institution consistent with their policies. You understand and agree that ATI will report any suspected fraud or testing misconduct to your school or institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student and school records and the integrity of the ATI Products product. You agree to use ATI Products and ATI Services only as permitted under this Agreement. If you are located outside of the United States, you consent to the transfer of your personal information into the United States. You agree that, except for data stored on ATI Products which comprises your student record to which you are entitled access under applicable law, you will not disclose any portion of ATI Products to any other person or entity, as ATI Products contains the confidential and proprietary material of ATI and doing so would result in serious financial harm to ATI, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use ATI Products and ATI Services.

INTELLECTUAL PROPERTY

You understand and agree that ATI Products and ATI Services constitute intellectual property and proprietary material that is owned by ATI or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by ATI and its licensors. Assessment Technologies Institute, LLC, National Healthcareer Association, NHA, ATI, ATI Allied Health, and other Assessment Technologies Institute, LLC trademarks, service marks, graphics, and logos used in connection with ATI Products and ATI Services are trademarks or registered trademarks of Assessment Technologies Institute, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with ATI Products and ATI Services may be the trademarks of their respective owners. ATI and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.

LICENSE TERMS

ATI Products are licensed to the school or institution with whom your ATI Products use is affiliated, subject to the terms of this Agreement and timely payment of any fees due and payable to ATI. If you have independently paid for the use of ATI Products and ATI Services, the aforementioned license is granted to you. Your permission to use ATI Products is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each ATI Products module you access, including any updates or enhancements thereto. You are not authorized to assign or transfer this permission to use ATI Products or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, ATI grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the ATI Products or ATI Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the ATI Products or ATI Services). You agree to use ATI Products and ATI Services only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use ATI Products and ATI Services. If ATI reasonably suspects that you have violated this Agreement, or if fees due and payable to ATI by you or you school or institution have not been paid then, without notice to you, ATI may terminate this Agreement, the license, and your account and deny you further access to ATI Products and ATI Services. Upon termination of your school’s or institutions ATI Products license, or your individual license if you have directly paid ATI, you shall cease all use of ATI Products and ATI Services and remain liable for paying all amounts that may be due and payable by you to ATI, if any. ATI reserves the right to modify, suspend, remove, or disable access to ATI Products or ATI Services at any time without notice and in no event will ATI be liable for making any such changes.

USE OF DATA

Before establishing an Account with ATI Products, you are required to agree to the following terms around use of certain data, as described below:

Your Learning Data: You understand and agree that, in the course of your use of ATI Products, you (and your school or institution, if your use of ATI Products is affiliated with a school or institution) will submit personal and identifiable data regarding you and your individual use of ATI Products, which may include, but not be limited to, your academic performance and student record, your individual grades and scores, instructor feedback and comment, your personal learning behaviors, and various metrics related to your learning of particular subject matters made available through ATI Products (“Your Learning Data”). You understand and agree that ATI, through ATI Products, will collect, maintain, process, have access to, and use Your Learning Data to (i) confirm your identity to ensure only authorized users are accessing ATI Products and for general ATI Products security, (ii) analyze and provide certain information about your learning and academic performance to you, the school or institution with whom your ATI Products use is affiliated and your instructor(s) from said school or institution, (iii) provide technical support to you and your school or institution on ATI Products, and (iv) generate reports and analytics for use by you, your school or institution and your instructor(s) regarding your learning and academic performance and/or the learning and academic performance of an entire class or classes at your school or institution. You understand and agree that, unless your school or institution and ATI have agreed otherwise, ATI, through ATI Products, reserves the right to remove Your Learning Data from ATI Products records six months after you graduate from or otherwise end your matriculation with the school or institution affiliated with your ATI Products use, provided that ATI reserves the right to continued use of all General ATI Products Data and School Metrics, as defined below, without specific, identifiable reference to you or Your Learning Data.

General ATI Products Data: You also understand and agree that, through ATI Products and the use of other third party software, ATI may collect diagnostic, technical, and general ATI Products usage information that is gathered, de-identified, and made anonymous, to (i) facilitate ATI’s product support and software development, and improve ATI Products, (ii) verify compliance with license terms, (iii) monitor, record and report information about ATI Products user activity and engagement with the ATI Products sites and modules, (iv) collect information around device use, ATI Products site volume and load, and user results in connection with certain ATI Products features or material (“General ATI Products Data”).

Aggregate School Metrics: Your Learning Data and General ATI Products Data may also be used in the aggregate, anonymous, and de-identified by ATI for benchmarking analytics and general metrics about your school’s or institution’s performance as compared to other schools and institutions and other ATI customers (“School Metrics”).

You understand and agree that ATI may share various types of aggregated and anonymous, de-identified data described above with third parties, provided however, in no event will ATI share any personally identifiable information about you with any third party (other than the school or institution with whom your ATI Products use is affiliated, and ATI contractors for whom ATI remains fully responsible) without your express consent to such disclosure.

By clicking the “I Agree” button below, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to ATI’s and its affiliates’ collection, use, maintenance, reporting, and processing of Your Learning Data, General ATI Products Data, and School Metrics, as described herein.

COMPLIANCE WITH LAWS; EXPORT

You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of ATI Products and ATI Services. You will not use ATI Products and ATI Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export all or any portion of ATI Products except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. ATI Products may not be exported into any U.S. embargoed countries or provided to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.

GOVERNMENT USE

ATI Products and ATI Services were developed using private funds and are “Commercial Items” as defined in 48 CFR §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.

USE OF LINKS

ATI may include material from third parties or include links to third party websites in ATI Products. Such material is provided as a convenience to you and ATI assumes no liability or responsibility for such third party materials or websites.

DISCLAIMER OF WARRANTIES

ATI PRODUCTS AND ATI SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND ATI HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ATI PRODUCTS AND ATI SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY ATI EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, ATI PRODUCTS AND ATI SERVICES IS AT YOUR SOLE RISK. ATI DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN ATI PRODUCTS. ATI TAKES PRECAUTIONS TO PROTECT ATI PRODUCTS AND ATI SERVICES, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. ATI DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF ATI PRODUCTS OR ATI SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

ATI Products are designed to provide accurate and authoritative information and recommendations in regard to the subject matter covered and ATI uses reasonable efforts to provide accurate information. Notwithstanding the foregoing, ATI MAKES NO WARRANTY OR GUARANTY AS TO, AND ASSUMES NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN ATI PRODUCTS, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF ATI PRODUCTS. ATI Products may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is solely your responsibility, and not the responsibility of ATI, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contraindications, and determining the appropriate usage for a product. This is especially important in the case of drugs that are new or seldom used. Any procedures and protocols noted in ATI Products are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. ATI Products are intended solely as a guide and for educational purposes and is not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients' physical conditions can vary widely from one set of circumstances to another. Nor is it intended that ATI Products shall in any way advise personnel concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Certain ATI Products content and material may include facts, views, opinions and recommendations of persons other than ATI, which are deemed by ATI to be of educational interest to ATI Products users. ATI and its licensors make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content or material, nor do they make any endorsement in connection with use of such third party content or material. Similarly, statements and opinions in ATI Products are provided as guidelines only and should not be construed as official policy and ATI EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN RELIANCE ON THESE STATEMENTS OR OPINIONS. ATI Products are provided to you with the understanding that ATI is not rendering to you any legal, accounting, or other professional service or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.

LIMITATION OF LIABILITY

IN NO EVENT WILL ASSESSMENT TECHNOLOGIES INSTITUTE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE ATI PRODUCTS AND ATI SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, ATI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

In no event shall ATI’s and its licensors’ total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

INDEMNIFICATION

By accepting this Agreement and using ATI Products and ATI Services, you agree that you will indemnify and hold ATI, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of ATI Products and ATI Services, or any action taken by ATI to protect its intellectual property, including, but not limited to, suspension or termination of your access to ATI Products and ATI Services.

MISCELLANEOUS

ATI reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of ATI Products and ATI Services, provided however, ATI will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.

This Agreement is governed by the laws of the State of Kansas, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of Kansas, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No ATI employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.

If you are in Canada, ATI and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: ATI et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.)

This Agreement is the entire and exclusive agreement between ATI and you regarding your use of ATI Products and ATI Services and replaces any prior agreements between you and ATI regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. ATI’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. ATI is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of ATI’s control.

ATI reserves the right to take steps ATI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ATI has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ATI believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ATI's right to cooperate with any legal process relating to your use of ATI Products and/or ATI Services, and/or a third-party claim that your use of ATI Products and/or ATI Services is unlawful and/or infringes such third party's rights).

Your use of ATI Products and ATI Services are subject to ATI’s website Privacy Policy at https://www.atitesting.com/PrivacyPolicy.aspx and ATI’s website Terms of Use at https://www.atitesting.com/TermsOfUse.aspx. In the event of any conflict between the terms in ATI’s website Privacy Policy or Terms of Use and these ATI Terms and Conditions, these ATI Terms and Conditions shall apply with respect to your use of ATI Products and ATI Services.