TERMS OF USE
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USER AGREEMENT
IMPORTANT - READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT.
YOU MUST AGREE TO THESE TERMS TO USE THIS WEBSITE, CREATE AN ACCOUNT, AND/OR ACCESS ANY LEARNING CONTENT ON THE SITE.
BY USING THIS WEBSITE, CREATING YOUR ACCOUNT, AND/OR ACCESSING ANY LEARNING CONTENT ON THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU UNDERSTAND THEM AND THAT YOU AGREE TO BE BOUND BY THESE TERMS.
ARCHway Learning Solutions, LLC maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and ARCHway Learning Solutions, LLC. If you do not agree to these terms, do not use this Site.
1. Use of Site
ARCHway Learning Solutions, LLC provides various materials, information, quizzes, tests, questions, articles, news, and other information on this and related sites and in courses offered through this site (the “Materials”). ARCHway Learning Solutions, LLC authorizes each User to view and download one copy of the downloadable Materials. Note that not all materials are downloadable on this platform and therefore are not permitted for download or recording. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials.
Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
2. User Warranty
As a User, you warrant that you are not an agent or employee of any other learning development company or sales training company and the Site and Materials are solely for the purpose of improving your or your team's performance in senior living sales.
3. User Responsibility
You are solely responsible for maintaining the security of your Site passwords. You may not share your user account with anyone else and are responsible to keep your user account exclusively used by you only. You are not authorized to distribute your Site password to any third party, without the prior written consent of ARCHway Learning Solutions, LLC.
Any information shared in association with accessing the Site, including email addresses, name, location, contact information, community-specific information, company-specific information, and information shared during live call conversations, is the sole responsibility of the User and ARCHway Learning Solutions, LLC is not liable for any recourse or actions taken by any other users or third parties based on shared information by the User.
4. User Consent for Recording and Use
Part of the content on the Site and the learning experience is a live coaching call in which the User consents to allow their voice and likeness to be recorded during all calls, video conferences, and conversations with the coach or peers in association with the calls related to the learning program. Participation in the live recorded calls and conversations denotes and implies the User's agreement to All-Party Consent and Two-Party Consent for the phone call and conversation to be recorded. Recording of the live-recorded calls is mandatory for participation in the site and learning courses. If a User is uncomfortable or does not wish to be recorded, then the User should not create an account on the Site.
ARCHway Learning Solutions, LLC has permission to utilize the User's image, voice, and likeness recordings, and any written or stated testimonial, review, survey, or test results in current and/or future training content, as well as the marketing of the site, course, content in any capacity on any platform including commercial broadcast both domestic and international. The User will receive no compensation from any sales and will not be paid any fees. If the User wishes to Opt-Out of marketing utilization, then a request must be sent in writing to [email protected] within 60 days of the User first logging into or accessing their account.
5. Trademark and Copyright
ARCHway Learning Solutions, LLC, and certain other brands, trademarks, and service marks, including ALL ABOUT THEM - Senior Living Sales Mindset and Rehearsals, are marks of ARCHway Learning Solutions, LLC and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
6. Charges and Fees
Charges and fees to access the Materials at this Site are payable by you. All payment obligations are noncancelable and all amounts paid are nonrefundable. In order to access the Materials, full payment must be received to use the Site and Materials. ARCHway Learning Solutions, LLC, reserves the right to modify its fees and charges and to introduce new charges at any time. Modifications to fees will be communicated in advance to Users and will be required in order to continue the use of the Site.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on ARCHway's income.
Coupons and pre-paid account links are accepted by ARCHway Learning Solutions for use of this Site. Any mishandling or unauthorized sharing or distribution of coupons or pre-paid account links will result in termination of user accounts and possible action taken for compensation of misuse in accordance with the law.
If you believe your bill is incorrect or you have any concerns about charges or fees, please contact us at [email protected].
7. Hyperlinks
Links to external websites are provided solely as a convenience to you. ARCHway Learning Solutions, LLC has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked on this Site, you do so entirely at your own risk.
8. No Warranty
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. ARCHway Learning Solutions, LLC further does not warrant the accuracy and completeness of the Materials at this Site. ARCHway Learning Solutions, LLC may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and ARCHway Learning Solutions, LLC makes no commitment to update the Materials on this Site.
9. Limitation of Liability
In no event will ARCHway Learning Solutions, LLC, its suppliers, or other third parties mentioned on this Site be liable for any damages whatsoever (including, without limitation, those resulting from decreased occupancy, lack of desired performance outcomes, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for any additional outside services, you assume all costs thereof.
ARCHway Learning Solutions, LLC, all Site instructors, and all third parties mentioned do not guarantee any specific results based on the content of the training, and any results shared are based on specific circumstances of that individual result and is not a guarantee that all Users will experience the same results.
10. Privacy Policy
The User is responsible to read and understand the Privacy Policy for the Site and by using the site implies agreement to the Privacy Policy.
11. Notices
Notices given under this Agreement and Terms shall be in writing and emailed to [email protected].
12. Force Majeure
ARCHway Learning Solutions' performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, including acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
13. Applicable Law
The Terms of Use are governed by the laws of the state of Florida. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. ARCHway Learning Solutions, LLC may assign its rights and duties under the Terms of Use without notice to any party at any time.
14. Effective Date and Updates
The Terms are effective as of January 1, 2021 and are subject to change without notice by ARCHway Learning Solutions, LLC at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.