- Permissions and Limitations. This web site or software provides you with the tools to set up electronic portfolios ("ePortfolios") for your career purposes as well as submitting portfolios for review and certification purposes. "This web site or software" (collectively the "System") includes without limitation the Internet domain, server software, configuration data, operating data, operating files, databases, downloaded or cached software that originated on and was provided by the web site or software, and includes all associated trademarks, service marks, and copyrights associated with the web site or software. The System was developed by Accredited Portfolios LLC and is offered to you as a subscription service solely for business use of (i) creating and sharing ePortfolios for your career development, (ii) certification submittal and review with a designated certification agency, or (iii) other purposes expressly authorized by Accredited Portfolios LLC under a separate written authorization. The System is accessible to you only through the following web site domain: sfs.accreditedportfolios.com.
The System is owned and operated by Accredited Portfolios LLC (Accredited Portfolios) and is protected by U.S. and international copyright laws. The System includes licensed third party software and other intellectual property that is also protected by U.S. and international copyright laws. You are a registered subscription user of the System as a SERVICE provided by Accredited Portfolios and no license to the software code or third party property is granted within this Agreement. As a subscription user of the System, Accredited Portfolios hereby grants to you permission to use the System as follows:
- You may only use the System via the Internet web site link.
- Use of this site is not free. Accredited Portfolios may suspend or delete your System account at any time if you are arrears in payment of your required subscription fee. In the event of such suspension or deletion, all or portions of your data will be irretrievably lost.
- You may not charge a fee for use of the System, any part of the System, any information contained within the System, or any information that you obtained from the System. Information includes, but is not limited to, dates, content, blogs, posts, movies, audio, electronic files of any type and purpose, and any information you enter or upload to the System.
- Only you may access the System using your account username and password. You will not permit any other person, organization, or entity to access the System using your account username and password.
- You will only use the System for legitimate, reasonable, and relevant business purposes and you will share any information you learn or obtain from the System only with persons who have a legitimate, reasonable, and relevant business purpose and a reasonable need to know such information contained in the System. "Relevant business purpose" means professional career ePortfolios or review of ePortfolios submitted for certification review by a participating certification agent.
- You may not make derivative works of the System or any part of the System.
- You may only reproduce information in the System if you have authorization from the owner of the copyright. If you reproduce any information in the System you must cite the owner of the copyright and trademark notices.
- By using this System/agreeing to these terms, you are authorizing certification ePortfolio reviewers, program sponsors, and other authorized System users to access your web site pages that you create using the System. By using this System/agreeing to these terms, you are also granting authorized System users access to any information you create, post or contribute in the System as part of a group or institution.
- By using this System/agreeing to these terms, you are authorizing Accredited Portfolios staff and authorized agents access to all of your information and web site pages, including any and all information you create, post, contribute, or share in the System. Accredited Portfolios staff and authorized agents may access any such information and web pages for the purposes of support, corrective action, administrative purposes, trouble-shooting, evaluation of software effectiveness, evaluation of work process effectiveness, and other reasonable purposes required to enforce this Agreement, System policies, business purpose, and implementation of work processes.
- By using this System/agreeing to these terms, you are authorizing that Accredited Portfolios shall have the right to suspend, delete, or permanently remove any information from any portion of the System for any purpose at any time.
- Support staff from Accredited Portfolios or authorized agents will occasionally disable the System for periods of time as we release new system features, conduct maintenance, or other reasons. System downtime will occur solely at the discretion of Accredited Portfolios and its authorized agents.
- All information, files, and content you upload to the System are subject to copyright laws. You are solely responsible for ensuring you have appropriate permission to reproduce and publish any work that is not your own. You agree to indemnify and hold Accredited Portfolios and its agents harmless from and against any claim, action, loss, cost, liability, expense, or damage, including reasonable attorney's fees, arising from your actions, including but not necessarily limited to your violation of copyright laws.
- By using the System you can enter, create, and upload information that can be shared with other users in the system and outside the system (i.e., general public). Your decision to do so is your own responsibility. Other users who have access to your information are allowed to act upon and use the information, as well as share that information with others.
- If you are leading or participating in the review of an ePortfolio submitted for certification review, you agree to permanently respect and keep the confidentiality of information shared and made available to you by the System for such purpose, except as follows: (i) as explicitly permitted in writing in a separate agreement; (ii) as explicitly permitted in writing by the author or subject of the information; (iii) as authorized or required by law; or (iv) as reasonably implied as a legitimate, reasonable, and relevant business purpose as described in this Agreement.
- You must not use the System to store or display offensive information of any kind.
- Inappropriate behavior is prohibited. Inappropriate behavior includes, but is not necessarily limited to, misuse of the web site's objectionable material reporting system, intentionally attempting to load files with virus content, placing objectionable or excessive feedback or comments on any other users portfolio, and any other behavior deemed to be nuisance or offensive by Accredited Portfolios or its authorized agents.
- Accredited Portfolios or its authorized agents shall be able to use their sole discretion to determine if information is offensive or whether your use of the web site involves inappropriate behavior, and you agree to be bound by their decisions.
- Any solicited or unsolicited contact or information you receive as a result of using this System are your own responsibility; however, any inappropriate behavior from users of the System should be reported to Accredited Portfolios or its authorized agents immediately.
You further agree not to:
- disclose the results of any benchmark or analytical tests of the System to any third party without Accredited Portfolios' prior written approval;
- work around any technical limitations in the System;
- reverse engineer, decompile or disassemble the System or part of the System, except and only to the extent that applicable law expressly permits, despite this limitation; or
- publish the System for others to copy.
- Termination. This Agreement is effective upon your acceptance as set forth above and shall continue in full force until terminated. If this Agreement is terminated, you agree to permanently hold the information in the System confidential in accordance with the confidentiality requirements of this Agreement and to the extent permitted by law. You may terminate this Agreement at any time and for any reason. Accredited Portfolios reserves the right, at any time and for any reason, to:
- Remove or disable access to all or any portion of the System and information stored within it;
- Suspend your access to or right to use of all or any portion of the System and information stored within it; and
- Terminate this agreement.
- Disclaimer of Warranties. THE SYSTEM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ACCREDITED PORTFOLIOS DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SYSTEM. ACCREDITED PORTFOLIOS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SYSTEM.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ACCREDITED PORTFOLIOS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SYSTEM AND TERMINATE THIS AGREEMENT.
- Miscellaneous. This agreement shall be governed by the laws of the State of Florida. Accredited Portfolios shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. Your access, link to or use of the tool or related web site or software after the date such amended terms are uploaded to the web site through which the System is available shall be deemed to constitute acceptance of such amended terms. This Agreement supersedes in full all prior discussions and agreements between the parties relating to the System, and constitutes the entire agreement between the parties relating to the System.