American Massage & Bodywork Institute
Website Terms and Conditions
Effective October 1, 2015
Access to the American Massage and Bodywork Institute, LLC (“AMBI”) website, including but not limited to all affiliated websites and the student portal (individually a “Site” and collectively the “Sites”), shall be subject to the terms and conditions set forth below (“Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING THE SITES, YOU CONSENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, please do not use the Sites.
Copyright. All of the information, content, services and software displayed on, transmitted through, or used in connection with the Sites, including for example, advertising, logos, graphics, trademarks, directories, guides, articles, comments, messages, materials, reviews, text, photographs, images, course materials, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to the Sites, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of the Sites (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of AMBI, and its licensors and suppliers. AMBI actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Sites, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions.
Educational Use. You may access and use the Content online and solely for your personal, educational, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, educational, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Furthermore, only active students of AMBI shall be permitted to access and use the student portal. You further agree not to access or attempt to access any Site which you are not authorized to access, or to provide access to any Site to an unauthorized user. No other access or use is permitted unless otherwise expressly permitted by AMBI. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of AMBI.
Student Portal. Access to and use of certain Sites may be password protected and/or restricted to certain registered users (“Restricted Sites”). Unauthorized users are prohibited from accessing these Restricted Sites. An authorized User may not disclose their login information to Restricted Sites. You are responsible for any and all activity which occurs under or through your user name and password, whether or not you have authorized such activity. If you believe that the confidentiality of your login information has been compromised, please follow instructions on the appropriate Site to reset your username and/or password.
Prohibited Conduct. In addition to the prohibited Content described above, you agree that you will not interfere with the operations or performance of the Sites, introduce viruses or other malware, use Content (including personally identifiable information) for improper purposes, commit fraud, impersonate another person, or otherwise engage in fraudulent, illegal, malicious or offensive conduct. Any violation of the prohibited Content or conduct may result in disciplinary action in addition to legal action.
Disclaimer. The Content on the Sites is provided “as-is”. AMBI expressly disclaims any and all warranties or representations that the Sites or Content available on the Sites are current, accurate, complete, original, reliable, useful, genuine, non-infringing or provided in good faith. In addition, AMBI does not warrant (i) that any activities on the Sites or services provided on the Sites will be without interruption or error free; (ii) that Content, including, but not limited to email and other messages, will not be lost, stolen, corrupted or destroyed; (iii) that the Sites will meet your expectations or requirements; or (iv) that the Sites are immune from viruses, hacking or breach. You acknowledge and agree that AMBI shall have no responsibility for Content, whether provided by AMBI, you or any other user. AMBI reserves the right to discontinue any Site for any reason, at any time, in AMBI’s sole discretion, without maintaining back-up, and without prior notice to the Site user.
INDEMNIFICATION. YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD HARMLESS AMBI AND ITS OFFICERS, DIRECTORS, OWNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITIES, CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, INJURIES, DEBTS, OBLIGATIONS, LIENS, CHARGES, TAXES, PENALTIES, EXPENSES OR COSTS (INCLUDING ATTORNEY’S FEES, DISBURSEMENTS ATTENDANT THERETO, AND INTEREST) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITES, CONTENT, AND ANY OTHER ACTIVITIES WHICH YOU ENGAGE IN ON THE SITES OR WHICH OCCUR THROUGH YOUR USER NAME.
LIMITATION OF LIABILITY. NEITHER AMBI, NOR ANY OF ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR CONTRACTORS SHALL BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF INFORMATION OR CONTENT, AND ASSUMES NO LIABILITY FOR ANY USE OF SUCH INFORMATION OR CONTENT. IN NO EVENT SHALL AMBI OR ANY OF ITS OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTRACTORS BE LIABLE TO THE YOU, OR ANY THIRD PARTY, FOR DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AMBI HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY FAILURE OF PERFORMANCE, DELAY OF PERFORMANCE, INTERRUPTION, ERROR, OMISSION, DELETION, DEFECT, VIRUS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CONTENT.
Intellectual Property of Others. If you believe that any Content on the Sites infringes on your intellectual property or the intellectual property of another, please provide notice to AMBI by emailing [email protected] and including information sufficient to identify the nature of the claimed violation, as well as your contact information.
Third Party Sites. The Sites may contain links to third party websites which do not belong to, and are not controlled by AMBI. AMBI shall have no responsibility or liability for the user’s interaction with such third party websites, and AMBI makes no representation or warranty as to those third party websites.
Entire Agreement. These Terms and Conditions, together with the Information Privacy and Safety Policy, constitutes the entire agreement between the parties and supersedes all prior oral or written understandings with respect to use of the Sites. All of AMBI’s other rules, policies and procedures should be read to be consistent with these Terms and Conditions whenever possible.
Severability. If any term or condition of these Terms and Conditions shall to any extent be deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms and Conditions shall be unaffected thereby, and each provision shall be enforced to the fullest extent permitted by law.
Modification. AMBI reserves the right, at its discretion, to update, change, modify, add, or remove portions of these Terms and Conditions from time to time without notice. You are encouraged to visit this page periodically to check for updates. No amendment, modification, extension, limitation, waiver or termination of these Terms and Conditions shall be valid except with the consent of AMBI.
Statute of Limitations. You agree that any claim or cause of action arising or relating to your use of the Sites, Content, these Terms and Conditions, or the Information Privacy and Safety Policy, shall be filed within one (1) year after such claim or cause of action arose, or you will be barred from pursing any claim or cause of action.
Governing Law/Dispute Resolution. Any claim or cause of action brought against AMBI arising out of or relating to use of the Sites, Content, the Terms and Conditions, or the Information Privacy and Safety Policy, whether at law or in equity, shall be governed exclusively by these Terms and Conditions and by the laws of the Commonwealth of Virginia, and you agree to submit to the exclusive jurisdiction of, and agree that venue is proper in the District Courts or Circuit Courts in Fairfax County, Virginia. In the event of any legal action filed hereunder, AMBI shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred in enforcing, attempting to enforce, or defending any of the terms, covenants or conditions of these Terms and Conditions, including costs incurred prior to commencement of legal action and in any appeal.
Remedies Cumulative. All rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any other rights or remedies that may be available to AMBI, whether provided by law, equity, statute, in any other agreement between the Site user and AMBI or otherwise.
Waiver of Jury Trial. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO USE OF THE SITES, CONTENT, THE TERMS AND CONDITIONS, OR THE INFORMATION PRIVACY AND SAFETY POLICY.
Questions. If you have any questions pertaining to these Terms and Conditions, please contact AMBI at [email protected]