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Terms of Service

Terms and Conditions
Advanced Training Academy LLC and its affiliates (collectively, “Company,” “we” or “us”) provide a variety of technology services including the Bid Fire program, the Bid Fire website, and all associated technology (collectively, the “Services”). The Services may be accessed through your desktop or laptop computer or mobile device.

These Terms of Service (“Terms”) govern your access to, and use of, the Services. Please read these Terms carefully. The words “you” and “your,” as used in these Terms, means any person or entity who accesses or uses the Services and any person or entity who creates an Account (as defined in Section 2.1 and accepts these Terms, including the primary user of the Services designated by you who creates your Account (“Principal User”) and those additional users authorized by the Principal User to access the Services (“Authorized Users”). For the avoidance of doubt, all users of the Services are Principal Users or Authorized Users. All references to “User” generally, or to “you” or “your” with regard to access and use of the Services, will include any Principal Users and Authorized Users

These Terms give you specific legal rights, and you may also have additional legal rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, mandatory and binding arbitration, limitations of liability, indemnification, waiver of jury trial, waiver of class action and waiver of punitive damages under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

THESE TERMS ARE A LEGAL AGREEMENT. BY CLICKING THE “I AGREE” OR “I ACCEPT” OR SIMILAR BUTTON, BY CHECKING A BOX INDICATING YOUR AGREEMENT, OR BY ACCESSING AND USING THE SERVICE, YOU AGREE THAT YOU HAVE REVIEWED, ACCEPTED AND AGREED TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE OF THE SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MUST CEASE ACCESSING OR USING THE SERVICES.

We may, from time to time, modify these Terms and such modifications will take effect immediately upon their posting to this website unless otherwise provided in a notice to you. Please check this page periodically for updates. If you do not agree with, or cannot comply with, any modification to these Terms, you must discontinue use of the Services. Your continued use of the Services after any such update constitutes your acceptance of such modifications.
 
 
1.                  ELIGIBILITY TO USE THE SERVICES

1.1.              General. To use the Services, you represent and warrant that you are at least [18] years of age and competent to agree to these Terms.

1.1.1           Ineligibility. If the Company has previously prohibited you from using the Services or creating an Account, you are not permitted to use the Services regardless of any creation of a new Account.

1.2.              Location. These Terms are applicable to any User located in the United States. If you are located outside the United States, please contact the Company regarding Terms applicable outside the United States.

2.                  ACCOUNT REGISTRATION AND USE

2.1.              Account. To use the Services, you must complete the registration process and provide certain information about yourself and your company (as applicable), as prompted by the applicable registration form. By completing the registration form and creating an account (your “Account”), you represent and warrant that (a) all required registration information that you submit is truthful and accurate and (b) your use of the Services will not violate any US or other applicable law, rule, or regulation.

2.2.              Use of Services. Users are responsible for their own actions in connection with the Services, but the Principal User also hereby agrees to be fully responsible for all actions taken by the Authorized Users relating to the Principal User’s Account and the access and use of the Services. If you are a Principal User who invites or enables an Authorized User, you acknowledge and agree that such Authorized User may subsequently invite or enable other Authorized Users with the same access and ability to use your Account. As a result, if you are a Principal User, you should only authorize those individuals whom you trust to access your Account and Services.

2.3.              Unauthorized Use. It is your responsibility to ensure that your Account information, including your username and password, remains confidential. You are responsible for notifying us if you become aware of any unauthorized use of your Account. In the event that you lose access to your account, we reserve the right to request any verification information we deem necessary before restoring access to the Account. Under no circumstances will the Company be liable for any loss, damage, liability, or expense (including attorney’s fees) that you may incur as a result of an unauthorized use of your Account, regardless of whether you have informed us of such unauthorized use.

3.                  THE SERVICE

3.1.              Ownership of Services. The Services are owned and operated by the Company, and are protected by United States copyright laws, trademarks, and other intellectual property laws. We reserve all rights, title, and interest in and to the Services, including all intellectual property rights. No rights are granted to Users except as expressly set forth in these Terms.

3.2.              Provision of Services. Subject to the terms and conditions contained herein, we will use all commercially reasonable efforts to make the Services (to the extent available under your Subscription Level) available to you pursuant to these Terms during the Subscription Term, subject to receipt of the applicable Subscription Fee.  You agree that your purchase of subscriptions is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by the Company with respect to future functionality or features.

3.2.1           Access to Internet. In order to use the Services, you must have access to an internet connection, including all necessary equipment to make and maintain such connection. The Company does not provide any Services which are accessible without an internet connection, is not responsible for providing any such connection, and makes no guarantee about the accessibility of the Services through any such connection.

3.3.              Subscription Level. Access to the Services is offered by the Company in several levels of Service (Basic, Gold, or Platinum, each a “Subscription Level”). The Subscription Level may be selected by you at the time you create your Account or thereafter as provided herein. Your Subscription Level is inclusive of the Service features available at that level. For further information on the Services available at each Subscription Level, please see https://advancedtrainingacademy.net.

3.4.              Access to the Services. The Company grants you a non-exclusive, non-sublicensable, and non-transferrable right to access the Services during the applicable Subscription Term, solely for your internal business purposes and subject to the Subscription Level.

3.4.1           Subscription Term. Access to the Services commences upon creation of your Account and payment of the Subscription Fee as provided in Section 5.1 and continues for one month from the date your Account is created (the “Initial Subscription”).  For example, if your Service commenced on February 10, the Subscription Term would end on March 10 the following month. The Subscription Term shall be automatically renewed on a monthly basis unless cancelled by you or suspended by the Company, in each case pursuant to these Terms. Upon renewal at the end of the Initial Subscription, access to the Services will be made available on a monthly basis (the “Subscription Term”).

3.4.2           Subscription Level. The Services are offered in Subscription Levels, each with access to certain Service features as detailed on https://advancedtrainingacademy.net. You agree that your use of the Services will correspond only to the Subscription Level applicable to your Account. You may elect at any time to change the Subscription Level of your Account, subject to these Terms.

3.4.3           Modification During the Subscription Term. Subject to the provisions of Section 5, you may elect to upgrade to a higher Subscription Level or downgrade to a lower subscription Level at any time during the Subscription Term.

(a)                In the event you elect to upgrade, your new Subscription Level will become accessible immediately upon payment of the Subscription Fee as provided in Section 5.1.

(b)                In the event you elect to downgrade, your Subscription Level will remain in place and you will continue to have access to all Services applicable to such Subscription Level until the end of the Subscription Term. Upon renewal, your Subscription Level will be adjusted in accordance with your selection and you will be billed the applicable Subscription Fee.

3.4.4           Limitations on Users. Accounts are accessible by designated Users only, and may not be shared with or used by more than 1 User(s), depending upon the Subscription Level. You may not provide access to the Services beyond the number of Users authorized to access the Account. No person who is not an employee of your business may be added as a User on your Account.

4.                  CUSTOMER RESPONSIBILITIES

4.1.              Acceptable Use. The Services may not be used for any unlawful, harmful, obscene, offensive, or fraudulent activity. The Services may not be rented, sub-licensed, sold, shared, assigned, distributed, or otherwise provided to anyone other than Authorized Users of your Account. You will make no attempt to reverse-engineer, modify, copy, or hack the Services for any purpose, including but not limited to creating a competing product or service, circumventing the Terms, copying any idea or feature of the Services, or accessing confidential information belonging to the Company. We reserve the right to request that you suspend use of the Service by any User who uses the Service in a manner which the Company reasonably suspects may violate these Terms. We further reserve the right to unilaterally suspend access to any User or terminate any Account which we believe is in violation of any provision of these Terms.

4.1.1           Use of Work Product. Subject to these Terms, the Company grants you a non-exclusive and non-transferrable right to the use and distribute any document or report produced through your use of the Services to the extent such use does not interfere with the rights of the Company as contemplated herein.

4.2.              Compliance with Law. By using the Services, you agree to comply with all applicable local, state, and national laws in connection with such use, including without limitation any laws related to data privacy. You are solely responsible for ensuring that all use of the Services by Principal and Authorized Users of your Account, including results and products derived from your use of the Services, complies with any and all applicable laws.

5.                  FEES AND PAYMENT

5.1.              Payment of Fees. By registering an Account, you agree to pay the amount provided in connection with the Subscription Level you select at time of registration (the “Subscription Fee”), or such adjustment in Subscription Level as you may select in the future. Except as otherwise provided herein, the Subscription Fee is based on the Subscription Level purchased and not on actual usage of the Services. Payment obligations are not cancellable, except as provided herein. Fees paid are not refundable. Because fees are based on monthly subscriptions, fees for the Initial Subscription will be charged the full Subscription Fee without adjustment or pro-ration regardless of the effective length of the Initial Subscription.

5.2.              Invoicing. Subscription Fees will be automatically charged to your credit card on file upon renewal of the month subscription. Your subscription will be put on hold if the credit card on file is expired or declined until the Subscription Fees are paid. . You are responsible for maintaining accurate billing information in connection with your Account. If you elect to enroll in automatic payments and have a payment method stored as part of your Account information, you hereby agree to allow the Company to automatically charge the relevant Subscription Fee to that payment method. You further agree that a returned-payment fee of $30 will be charged if any automatic payment is returned or rejected by the payment processor.

5.3.              Modification of Subscription Levels. In the event that you elect to downgrade your Subscription Level during the Subscription Term, such change will take effect at the next renewal and you will not be entitled to a refund of any Subscription Fee then due or already paid. If you elect to upgrade your Subscription Level, such upgrade will take effect immediately upon payment of the applicable Subscription Fee, less any amount already paid for the Subscription Term.

5.4.              Overdue Payments. Any payment not received within five (5) business days of the invoice date will accrue a late charge of 1 ½ % per month or the maximum amount allowed by law, whichever is less, which will be immediately due and payable upon accrual.

5.5.              Suspension of Service; Nonpayment. Failure to pay the Subscription Fee and any accrued late fees within 30 days of the invoice date will result in loss of access to the Services and/or suspension of your Account until such fees are paid in full. We reserve the right to seek any remedy available in event of non-payment, including reporting to national credit bureaus and referring the Account and any past-due fees to a collection agency for processing.

6.                  CANCELLATION

6.1.              Cancellation by User. Subject to these Terms, you may cancel your Account at any time for any reason. Upon cancellation, your Account will remain accessible until the expiration of the current Subscription Term. You will remain responsible for payment of the Subscription Fee associated with the current Subscription Term, and you will not be entitled to a refund or pro-ration of any Subscription Fee already paid.

6.2.              Treatment of Customer Data. In the event of cancellation or termination of your Account, the Company will make available to you for a period of thirty (30) days a file of all Customer Data received in comma separated value (.csv) format along with any and all attachments. Within 90 days of the expiration of the 30-day period, the company will delete all Customer Data in its system or otherwise under its control, unless legally prohibited from doing so; provided, however, that the Company may continue to retain Customer Data to the extent it is contained in stored backups, and the Company will continue to be subject to the data privacy and confidentiality provisions of Section 7 with respect to such Customer Data.  If such Customer Data is restored from backups, the Company will promptly delete such restored Customer Data from its system.

6.3.              Survival. In the event of the cancellation, suspension, or termination of the Account and these Terms, Sections 7 through 10 shall survive and remain in effect.

7.                  DATA PRIVACY & CONFIDENTIALITY

7.1.              Definition of Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including these Terms (including pricing and other terms), your data (“Customer Data”), the Service, business and marketing plans, technology and technical information, product designs, and business processes. Except as otherwise provided in Section 7.3, Confidential Information shall not include any information that:  (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.

7.2.              Confidentiality. The Receiving Party shall not use or disclose any Confidential Information of the Disclosing Party for any purpose except as expressly contemplated in these Terms, except with the other party’s prior written consent.

7.3.              Use of Data. You understand that our transmission and processing of Customer Data is necessary for your use of the Services. You hereby expressly consent to the Company’s use and storage of any provided Customer Data, regardless of the confidential nature of any data provided by you. You further grant the Company a nonexclusive and non-transferrable worldwide right to copy, store, transmit, display, or otherwise use any Customer Data to the extent necessary to provide the Services to you. Except as provided herein, the Company does not and will not acquire any right, title, or interest in any Customer Data. For the avoidance of doubt, all Customer Data is deemed Confidential Information under these Terms.

7.4.              Data Security. The Company will implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of your Confidential Information. In the event of an inadvertent disclosure of Customer Data, the Company will take reasonable steps to correct the breach and notify you as required by law.

8.                  REPRESENTATIONS AND WARRANTIES

8.1.            Company Warranties. The Company hereby represents and warrants the following.

8.1.1           Service Warranties. During the applicable Subscription Term, the Company warrants that the Services will comply with the material functionality described in the applicable documentation, and the Company will not materially decrease the functionality of the Services except in response to your selection of a lower Subscription Level during the Subscription Term pursuant to Section 3.4.3.

8.1.2           Malicious Code. The Company warrants that the Company will not knowingly or negligently introduce, software viruses, worms, Trojan horses, or other codes or scripts intended to do harm to your equipment (“Malicious Code”); provided, however, that this warranty shall not apply to any Malicious Code that may be contained in your uploaded attachments or otherwise originating from you.

8.1.3           Non-Infringement. The Company warrants that it is the sole owner of the Services and has full authority to grant the license to the Services and that the authorized use of the Services as permitted by these Terms will not infringe any U.S. copyright, trademark, trade secret, patent, invention, proprietary information, non-disclosure, or other rights of any third party.

8.1.4           Remedies.  Your sole and exclusive remedies for a breach of this Section 8.1 shall be: (a) that the Company will use commercially reasonable efforts to correct any error in, or modify the Services to cure the breach, or (b) you may cancel at any time pursuant to Section 6. The Company shall have no obligation with respect to this warranty unless notified by you within 30 days of the first material functionality problem or alleged infringement or inclusion of Malicious Code. Nothing in this Section 8.1 shall be construed to prevent the Company from issuing regular updates to the Services, discontinuing features of the Services, or adjusting the features available at any Subscription Level. The Company DOES NOT warrant that the Services will be free of non-material errors, bugs, or minor interruptions, or that all such non-material errors will be corrected.

8.2              Customer Warranties. In addition to the warranty stated above, you hereby represent and warrant the following.

8.2.1           Malicious Code. You warrant that you will take no action in your use of the Services that could or does introduce any Malicious Code to Company servers or equipment.

8.3.              Disclaimer. Except as otherwise provided in these Terms, the Company does not warrant uninterrupted or error-free operation of the Services, or that the Company will correct any discovered defects. THESE TERMS REPRESENT THE EXCLUSIVE WARRANTY ASSOCIATED WITH USE OF THE SERVICE AND REPLACE ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The warranties contained herein will not apply if there has been any misuse of the Services or failure to comply with these Terms or reasonable instructions on behalf of the Company.

9.                  LIABILITY

9.1.              No Consequential Damages. Neither you nor the Company will be liable to the other for exemplary, punitive, special, incidental, indirect, or consequential damages, including without limitation interruption of business, lost profits, lost or corrupted data, or lost revenue arising out of a breach of these Terms, even if the breaching party has been advised of the possibility of such damages.

9.2.              Limitation on Liability. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

9.3.              Exceptions to Limitations.  The limitations contained in this Section 9 shall not apply to the extent that damage, liability, claims or loss are caused by your violation of your obligations of confidentiality under Section 7 hereof or your intentional or negligent introduction of Malicious Code into Company servers or equipment.

10.               GENERAL PROVISIONS

10.1.           Relationship of the Parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the you and the Company.

10.2.           Governing Law. These Terms will be construed in accordance with the laws of the State of Washington, without giving effect to the conflict of law rules thereof.

10.3.           Venue; Waiver of Jury Trial. The state and federal courts of the State of Washington shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms.  Each party hereby consents to the exclusive jurisdiction of such courts.  Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Services or these Terms.

10.4.           Assignment.  You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Company (not to be unreasonably withheld).  Any attempt by a party to assign its rights or obligations under these Terms in breach of this section shall be void and of no effect.  Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

10.5.           Entire Agreement. These Terms contain the entire understanding of the parties with respect to the matter contained herein.  There are no promises, covenants or undertakings contained in any other writing or oral communication.  In the event of any conflict between or among different versions of these Terms, the latest dated document will prevail.

10.6.           Severability. If any provision of these Terms is found to be invalid, illegal or unenforceable under any applicable statute or law, it is to that extent deemed to be omitted, and the remaining provisions of these Terms will not be affected in any way.