Effective Date: October 1, 2023
When you visit, view, use, or access AcuityInstitute.com and any applicable subdomains thereof, or any other online services provided by Acuity Institute (collectively, the “Platform”), whether as a guest or a registered user, you’re agreeing to the following terms and conditions. We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access if you violate any of these Terms, as determined in our sole discretion. Acuity is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
1. ACKNOWLEDGEMENT OF TERMS
These Terms and Conditions of Use (“Terms”) are entered into by and between you and Acuity Institute, LLC, a Colorado corporation (“Acuity”, “we”, “our” or “us”). For purposes of these Terms, “you” includes, individually and collectively, any individual or legal entity you permit to visit, view, use, or access the Platform. In the event that the individual accessing the Platform is accessing the Platform on behalf of a legal entity, “you” as used in these Terms shall include such legal entity, and, the natural person accessing the Platform on behalf of such legal entity hereby represents and warrants in his or her individual capacity that he or she has the authority to bind such legal entity in contract to these Terms.
You acknowledge and agree that by visiting, viewing, using, or accessing the Platform or clicking “Agree”, “Purchase”, “Submit”, or similar links that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Platform. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM. ACUITY’S ALLOWANCE OF YOUR USE AND ACCESS TO THE PLATFORM IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS.
The Platform is not for use by anyone under the age of 16 (Minimum Age). However, if any applicable law requires that you must be older than 16 in order for Acuity to lawfully provide the Platform to you without parental consent (including using your personal data) then the Minimum Age is such older age.
With the sole exception of Section 6 (which can be amended by mutual written consent of the parties), we reserve the right to make changes to the Terms without notice or liability. You should visit this page whenever you use the Platform to review these Terms and learn if any terms have changed. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must immediately stop using the Platform. Your continued use of the Platform following any revision to these Terms constitutes your complete acceptance of any and all such changes.
Where Acuity’s customer is a business or institutional entity, Acuity may Process certain data (whether through the Platform or otherwise) solely on behalf of that business or institutional entity (“Customer Data”). For purposes of these Terms, the term “you” includes, without limitation, such business entity, where applicable. You hereby consent to Acuity’s Processing of Customer Data to the extent reasonably necessary to provide the Platform. You shall be responsible for all changes to and/or deletions of Customer Data and the security of all passwords and other access protocols required in order to access the Platform. You will be solely responsible for the accuracy and completeness of the Customer Data. You represent, warrant, and covenant that: (i) you have (and will have) Processed, collected, and disclosed all Customer Data in compliance with all applicable laws and provided any notice and obtained all consents and rights required by applicable law to enable Acuity to lawfully Process Customer Data as permitted by these Terms; (ii) you have (and will continue to have) full right and authority to make the Customer Data available to Acuity under these Terms; and (iii) Acuity’s Processing of the Customer Data in accordance with these Terms or your instructions does and will not infringe upon or violate any applicable law or any rights of any third party.
“Process” (including any grammatically inflected forms thereof) means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, including without limitation collection, recording, organization, structuring, storage, adaptation or alteration, access, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. INTELLECTUAL PROPERTY
The Platform contains copyrighted materials, trademarks, and intellectual property of Acuity (or its third-party licensors), including without limitation source code, video, text, software, photos, graphics, images, music, and sound (collectively, the “Intellectual Property”). You agree not to copy, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any of this Intellectual Property or use this Intellectual Property for any purpose other than using the Platform in compliance with these Terms.
The entire Platform is protected by copyright. Complying with all applicable copyright laws is your responsibility. “Acuity” and “Acuity Institute” are trademarks of Acuity Institute, LLC. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
If you believe that any material contained in the Platform infringes your copyright, you should notify Acuity of your copyright infringement claim to the Designated Agent who is:
Ms. Stephanie Herman
Telephone: (720) 222-9571
Fax: (720) 222-9571
Acuity will review notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
4. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY COURSE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
You understand and agree that temporary interruptions of the Platform may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of using the Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
THE FOREGOING DISCLAIMER OF WARRANTIES SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
5. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless Acuity from and against all liability, claims, actions and expenses, including attorneys’ fees and costs, arising out of your use of the Platform or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s), the Platform, or these Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACUITY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF ANY CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PLATFORM, WHETHER OR NOT ACUITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT ACUITY IS LIABLE, UNDER NO CIRCUMSTANCES WILL ACUITY BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID ACUITY IN THE 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT THE CLAIM.
6. ALTERNATIVE DISPUTE RESOLUTION
You and Acuity agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). A sole arbitrator in accordance with those rules will handle our arbitration. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Acuity are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You agree that the Platform shall be deemed a passive interactive service based solely in Massachusetts and shall not give rise to personal jurisdiction over Acuity, either specific or general, in jurisdictions other than Massachusetts. These Terms of Service shall be governed and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to conflicts of law principles. You agree that any legal action or proceeding between Acuity and you for any purpose concerning these Terms of Service or your use of the Platform shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Boston, Massachusetts.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
These Terms constitute the entire agreement between you and Acuity concerning the Platform and the services provided by Acuity. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Acuity’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Acuity may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
Most communication between Acuity and you will be sent and received electronically. You agree that all electronic communication between Acuity and you shall satisfy any legal requirements that such communications be in writing.
Any rights of Acuity not expressly granted herein are reserved.
Effective Date: October 1, 2023 (v. 2.0)
* Account means a unique account created for you to access our Platform or services on our Platform.
* Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
* Application means the software program provided by Acuity downloaded by you on any electronic device.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Acuity Institute, LLC., 4610 S Ulster St. #150 Denver, CO 80237.
For the purpose of the GDPR, the Company is the Data Controller.
* Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
* Country refers to: Colorado, United States
* Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
* Device means any device that can access the Platform such as a computer, a cellphone or a digital tablet.
* Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
* Facebook Fan Pages are public profiles named Acuity Institute specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/acuityinstitute/
* Personal Data is any information that relates to an identified or identifiable individual.
For the purposes of GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
* Service refers to the Application or the Platform or both.
* Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
* Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
* Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
* Website refers to Acuity Institute, accessible at www.acuityinstitute.com
* You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), you can be referred to as the Data Subject or as the User as you are the individual using the Service.
3. Collecting and Using Your Personal Data
While using our Platform, we may ask you to provide Us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:
* Email address
* First name and last name
* Phone number
* Address, State, Province, ZIP/Postal code, City
* Credit card or bank account information in order to pay for products and/or services within the Service
* Usage Data
When you pay for a product and/or a service via bank transfer, we may ask You to provide information to facilitate this transaction and to verify your identity. Such information may include, without limitation:
* Date of birth
* Passport or National ID card
* Bank card statement
* Other information linking you to an address
Usage Data is collected automatically when using the Service.
Usage Data may include information such as your device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Platform by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may also collect information that your browser sends whenever you visit our Platform or when you access the Service or Platform by or through a mobile device.
Tracking Technologies and Cookies
You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Platform.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
* Necessary / Essential Cookies
Type: Session Cookies
Administered by: Acuity
Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide You with those services.
* Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Acuity
* Functionality Cookies
Type: Persistent Cookies
Administered by: Acuity
Purpose: These Cookies allow us to remember choices you make when you use the Platform, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Platform.
* Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
4. Use of Your Personal Data
The Company may use Personal Data for the following purposes:
* To provide and maintain our Platform, including to monitor the usage of our Platform.
* To manage your Account: to manage your registration as a user of the Platform. The Personal Data you provide can give you access to different functionalities of the Platform that are available to you as a registered user.
* For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with us through the Platform.
* To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
* To provide you with news, special offers, and general information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.* To manage your requests: To attend and manage your requests to Us.
We may share your personal information in the following situations:
* With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Platform, to advertise on third-party websites to you after you visit our Platform, for payment processing, and to contact you.
* For Business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
* With Business partners: We may share your information with our business partners to offer you certain products, services, or promotions.
* With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures, and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you, and view your profile.
5. Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
6. Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
7. Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose your Personal Data in the good faith belief that such action is necessary to:
* Comply with a legal obligation
* Protect and defend the rights or property of the Company
* Prevent or investigate possible wrongdoing in connection with the Platform
* Protect the personal safety of Users of the Platform or the public
* Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
8. Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to monitor and analyze the use of our Platform.
* Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: <https://policies.google.com/privacy>
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site
We may provide paid products and/or services within the Platform. In that case, we may use third-party services for payment processing (e.g. payment processors).
* Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout \- for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Course Delivery Services
Acuity uses Credly for the awarding of badges to those learners who successfully complete their courses.
9. GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
* Consent: You have given your consent for processing Personal Data for one or more specific purposes.
* Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
* Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
* Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
* Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
* Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights.
* Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
* Request correction of the Personal Data that we hold about you. You have the right to to have any incomplete or inaccurate information we hold about you corrected.
* Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
* Request erasure of Your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
* Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
* Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If You withdraw your consent, We may not be able to provide you with access to certain specific functionalities of the Platform.
Exercising Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation, and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
You have the right to receive a copy of, review, and/or update your personal information and to correct any of your personal information in our records that is inaccurate, or to exercise any of the personal data rights.
If you would like to do so, contact us at firstname.lastname@example.org.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete, or deactivate it by emailing our Customer Support at email@example.com or by contacting us by telephone or postal mail at the contact information listed on our contact page.
10. Facebook Fan Pages
Data Controller for our Facebook Fan Pages
The Company is the Data Controller of your Personal Data collected while using the Platform. As operator of the Facebook Fan Pages https://www.facebook.com/AcuityInstitute, the Company and the operator of the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Pages, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php
We use the Facebook Insights function in connection with the operation of the Facebook Fan Pages and on the basis of the GDPR, in order to obtain anonymized statistical data about our users.
For this purpose, Facebook places a Cookie on the device of the user visiting our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.
11. Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
13. Contact Us