Terms and Conditions
Updated July 2019
Please read these terms carefully. Your use of this Site or our services is conditioned upon your acceptance of these terms. If you do not agree to the terms, do not use this Site or our services.
Please note that these terms contain a class action waiver of a right to a jury trial, and a mandatory and arbitration clause.
SECURITY AND VALIDATION POLICY. STUDENT acknowledges that: (i) it is illegal to attempt to circumvent this Mobile App and/or Online course; (ii) any attempt to circumvent this course may result in loss of Certificate of Course Completion, court fines, and/or forfeiture of payment for the course; and (iii) circumvention includes, but is not limited to, having someone other than the registered STUDENT taking or participating in the Mobile App and/or Online course. STUDENT represents that the information provided to ACEABLE is true and correct and that if ACEABLE determines that STUDENT has misrepresented his/her identity, STUDENT will be removed from the Mobile App and/or Online course and will forfeit any and all fees. STUDENT acknowledges that misrepresenting his/her identity in order to complete this state-approved course may constitute perjury and other criminal violations, in addition to possible civil penalties. STUDENT understands, agrees, and consents to ACEABLE accessing and using third-party databases (pertaining to drivers licenses, DMV records, credit information, housing history, and other data containing STUDENT’s personal information) to obtain information to verify the accuracy of personal information submitted by STUDENT to ACEABLE, prevent fraud, or for any other permissible purpose. ACEABLE may request that STUDENT provide a notarized Statement of Assurance verifying STUDENT’s identity and compliance with this Security and Validation Policy. STUDENT agrees to provide such Statement of Assurance if requested by ACEABLE.
Where applicable as required by state regulations and laws, STUDENT may be required to provide ACEABLE with identifying information such as full social security number. If you are required to provide us with your full social security number, then your social security number is used to verify your identity, and as an account number (identifier) for the state regulatory agency.
TUITION SCHEDULE. The total cost of the Mobile App and/or Online course is stated at the time of purchase.
COURSE SCHEDULE. The Mobile App and/or Online course shall generally be accessible and available to STUDENT twenty-four (24) hours per day following receipt of payment for the Mobile App and/or Online course (“COURSE START”). STUDENT’s access to and use of the Mobile App and/or Online course shall be subject to the license granted herein. STUDENT will have 365 days from COURSE START to successfully complete the Mobile App and/or Online course. STUDENT must have an Apple iOS device running operating system 6.0 or higher. At this time, the course is accessible through iOS devices, Android devices, and computers with Internet browsers. Circumstances that would affect the twenty-four hour availability of the Mobile App and/or Online course include, but are not limited to, system failure, site failure, user and provider connection failures, and user and provider phone line failure. STUDENT assumes all responsibility for the equipment, systems, requirements, procedures and/or other matters related to STUDENT’s ability to access the Mobile App and/or Online course. If, at any time, STUDENT is unable to access the Mobile App and/or Online course, ACEABLE will adjust the COURSE END date to reflect the period of time when access was unavailable, if and only if, STUDENT contacts ACEABLE by telephone 512-645-1081 and informs ACEABLE of the unavailability of access, and if the unavailability of access is the fault of ACEABLE. STUDENT acknowledges and agrees that interruptions in Internet service may occur over which ACEABLE has no control or responsibility.
REFUND POLICY. AceableAgent courses are fully refundable if the STUDENT has not completed the course AND if the refund request is made within 30 days of purchase. “Completion of a course” occurs when you have completed all levels in a course, regardless if you have taken or passed the final exam. If the purchase was made via credit card, Paypal or the Google Play store, please contact customer support (firstname.lastname@example.org) to request a refund. If the purchase was made through Apple iTunes, please request the refund through Apple, then here are instructions for that process: https://support.apple.com/en-us/HT204084
CANCELLATION POLICY. A full refund for the course will be made to any STUDENT who cancels the enrollment contract before midnight of the thirtieth day after the enrollment contract is signed by the STUDENT, unless the STUDENT has successfully completed the course or received a failing grade on the course examination. A STUDENT failing the personal or course validation is considered to have completed the course but failed.
SUBSCRIPTION BILLING. If STUDENT has signed up for a service or product that involves monthly or other recurring billing or fees, this section applies. STUDENT may incur a charge on a monthly basis to his or her payment method on the calendar day corresponding to the commencement of the paying portion of the registration until the account is cancelled. STUDENT may update his or her Payment Methods through the payment service providers. Following any update, STUDENT authorizes the continued use of the applicable Payment Method(s). ACEABLE reserve the right to change the subscription plans or adjust pricing for the service in any manner and at any time. Any change will take effect following notice to STUDENT.
STUDENT REGISTRATION OBLIGATIONS. In consideration of STUDENT’s use of the Mobile App and/or Online course, STUDENT: (a) agrees to provide true, accurate, current and complete information about himself or herself upon his or her registration to take the Mobile App and/or Online course (such information being the “Registration Data”); (b) agrees to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) acknowledges and agrees that ACEABLE shall not be liable to STUDENT or any third party for any termination of his/her access to his/her password, account or the Mobile App and/or Online course ; and (d) certifies that he or she is at least 18 years old, or if STUDENT is younger than 18 years old, that the legal guardian of STUDENT consents to STUDENT accessing the Mobile App and/or Online course gives permission for ACEABLE to collect information on STUDENT, and consents to STUDENT taking the Mobile App and/or Online course. If STUDENT is not 18 years or older proceed no further, until STUDENT’s legal guardian has reviewed this CONTRACT and consents to STUDENT accessing the Mobile App and/or Online course. If STUDENT provides any information that is untrue, inaccurate, not current or incomplete, or ACEABLE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ACEABLE has the right to suspend or terminate STUDENT’s access to the Mobile App and/or Online course and refuse any and all current or future use of the Mobile App and/or Online course (or any portion).
STUDENT ACCOUNT, PASSWORD AND SECURITY. STUDENT will create a login id (email) and password during the initial registration process. Additionally, the student may use other ID authentication methods such as Facebook Auth ID or Google One login. STUDENT acknowledges that he or she is responsible for maintaining the confidentiality of the password and account, and that he or she is fully responsible for all activities that occur under his or her password or account. STUDENT agrees to (a) immediately notify ACEABLE of any unauthorized use of his or her password or account or any other breach of security, and (b) ensure that he or she exits from his or her account at the end of each session. ACEABLE cannot and will not be liable for any loss or damage arising from STUDENT’s failure to comply with this Section.
NO RESALE OF SERVICE. STUDENT agrees not to sell, resell or exploit for any commercial purposes, any portion of the Mobile App and/or Online course, use thereof, or access thereof.
GENERAL PRACTICES REGARDING USE AND STORAGE. STUDENT agrees that ACEABLE has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Mobile App and/or Online course. STUDENT acknowledges that ACEABLE reserves the right to log off accounts that are inactive for an extended period of time. STUDENT further acknowledges that ACEABLE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
TERMINATION. If ACEABLE believes that STUDENT has violated or acted inconsistently with the letter or spirit of this CONTRACT, STUDENT agrees that ACEABLE, in its sole discretion and at any time, may terminate STUDENT’s access to his/her password, account (or any part), or his or her access to or use of the Mobile App and/or Online course. STUDENT acknowledges and agrees that any termination of his/her access to his/her password, account or access to or use of the Mobile App and/or Online course may be effected without prior notice and that ACEABLE may immediately deactivate or delete his/her account and all related information and files in his/her account and/or bar any further access to such files or the Mobile App and/or Online course. Further, STUDENT acknowledges and agrees that ACEABLE shall not be liable to STUDENT or any third-party for any termination of his/her access to his/her password, account or the Mobile App and/or Online course. Termination or cancellation of this CONTRACT shall not affect any other right or relief to which ACEABLE may be entitled, whether at law or in equity. Upon termination of this CONTRACT, all rights granted to STUDENT will terminate and revert to ACEABLE, regardless of the reason for cancellation or termination. All provisions in this CONTRACT relating to proprietary rights, indemnification and limitation of liability shall survive termination.
ACEABLE’S PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INFORMATION AND USE RESTRICTIONS. All of the information included in the Mobile App and/or Online course, including all the software text, course materials, graphics, logos, photographs, graphs, sounds, data, images, audio, page headers, software, buttons, video and other icons and the arrangement and compilation of this information (collectively, the “Information”) is the valuable property of ACEABLE. ACEABLE and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of ACEABLE. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws, and all intellectual property rights in the Mobile App and/or Online course belong to ACEABLE or its licensors. The Information is the valuable, exclusive property of ACEABLE. Nothing in this CONTRACT shall be construed as transferring or assigning any ownership rights in the Information to STUDENT or any other person or entity. Ownership of the Mobile App and/or Online course and the Information shall remain at all times with ACEABLE or its licensors. STUDENT is granted a license to use the Mobile App and/or Online course hereunder, as long as STUDENT complies with the terms of this CONTRACT or until ACEABLE terminates this CONTRACT or STUDENT’s access rights. STUDENT may use the Information solely for taking the Mobile App and/or Online course. STUDENT agrees that he or she will not (nor allow any third party to) (i) resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file; (ii) remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information; or (iii) use the Information for any purpose other than for taking the Mobile App and/or Online course. STUDENT further agrees to use the Mobile App and/or Online course and the Information for lawful purposes only.
LICENSE GRANT. ACEABLE grants STUDENT a limited, personal, non-assignable, non-transferable and non-exclusive right and license to use the Mobile App and/or Online course and the Information on a single computer until ACEABLE terminates this CONTRACT or STUDENT’s access rights; provided and expressly conditioned upon STUDENT’s agreement that all such access and use shall be governed by all of the terms and conditions set forth in this CONTRACT and provided that STUDENT does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Information. STUDENT agrees not to modify the Information in any manner or form, or to use modified versions of the Information, including (without limitation) for the purpose of obtaining unauthorized access to the Mobile App and/or Online course or creating a competitive product. STUDENT agrees not to access the Mobile App and/or Online course by any means other than through the interface that is provided by ACEABLE for use in accessing the Mobile App and/or Online course.
LIMITATION ON LIABILITY. Except as otherwise expressly provided in the foregoing sentence, ACEABLE provides the Mobile App and/or Online course on an “as is with all faults” basis and STUDENT assumes all risks of using the Mobile App and/or Online course and all risk of errors and/or omissions, including the transmission or translation of the information in the Mobile App and/or Online course. ACEABLE does not warrant that the functions contained in the Mobile App and/or Online course will be uninterrupted or error-free, that defects will be corrected or that the Mobile App and/or Online course or the server that makes it available are free of viruses or other harmful components and all such warranties are expressly disclaimed. STUDENT assumes the entire cost of all necessary servicing, repair or correction. STUDENT assumes full responsibility for implementing sufficient procedures and checks to satisfy his or her requirements for the accuracy and sustainability of the Mobile App and/or Online course. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to STUDENT. This warranty gives student specific legal rights. STUDENT may also have other rights which vary from state to state. STUDENT agrees that in no event shall ACEABLE (including its officers, directors, employees, affiliates, agents, representatives or subcontractors) be liable for and STUDENT releases ACEABLE from any liability for the following: (i) any decision or action taken, or not taken by STUDENT in reliance upon the information contained or provided through the Mobile App and/or Online course; (ii) any conduct contemplated by this CONTRACT or in any other manner related to STUDENT’s use of the Mobile App and/or Online course; (iii) any errors, inaccuracies, omissions or other defects in, or untimeliness or lack of authenticity of, the Mobile App and/or Online course or for any delay or interruption in the transmission to STUDENT, or for any claim or loss arising therefrom or occasioned thereby. STUDENT further agrees that in no event shall ACEABLE be liable for and STUDENT releases ACEABLE from many any and all non-direct damages, including but not limited to, any special, incidental, punitive, or consequential damages whether or not arising out of or related to this CONTRACT. In no event shall ACEABLE’s total aggregate liability for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence and strict liability), or otherwise) arising out of or related to this CONTRACT, the Mobile App and/or Online course, and/or use of ACEABLE’s web site and mobile application, exceed the cost of tuition paid by STUDENT foe the Mobile App and/or Online course even if ACEABLE or its affiliates have been advised of the possibility of such damages. If and to the extent any payment required to be made under this CONTRACT or damage limitation set forth herein is deemed to constitute liquidated damages, STUDENT acknowledges and agrees that such damages are difficult and impossible to determine and that such payment is intended to be a reasonable approximation of the amount of such damages and not a penalty. Notwithstanding anything to the contrary contained here, STUDENT’s sole and exclusive remedy for any breach of this CONTRACT and/or any liability arising out of or related to this CONTRACT and/or the Mobile App and/or Online course shall be a refund of the tuition paid by STUDENT for the Mobile App and/or Online course. This limited liability shall be complete and exclusive. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. This clause gives STUDENT specific legal rights. STUDENT may also have other rights which vary state by state.
INDEMNIFICATION. STUDENT agrees to indemnify, defend and hold harmless ACEABLE, its subsidiaries, licensors, affiliates and its and their officers, directors, employees, affiliates, agents, representatives or subcontractors, for any against all claims or demands, including reasonable attorney’s fees, arising from or related to STUDENT’s access, connection to, or use of, or STUDENT’s inability to use, access or connect to the Mobile App and/or Online course (including the Information obtained through the Mobile App and/or Online course), STUDENT’s violation of this CONTRACT, or STUDENT’s violation of any rights of another.
DELAYS IN SERVICES. Any delays in or failure of performance by ACEABLE or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond ACEABLE’s control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. ACEABLE shall have no responsibility to provide STUDENT access to the Mobile App and/or Online course while interruption of the Mobile App and/or Online course due to any such or similar cause shall continue.
NOTICES. Notices to STUDENT may be made via either email, regular mail or by displaying notices or links to notices generally on ACEABLE’s Web Site and Mobile Application.
GOVERNING LAW AND FORUM SELECTION. The CONTRACT is construed under the laws of the State of Texas, without reference to its conflict of laws provisions. STUDENT agrees that any action at law or in equity arising out of or relating to the Mobile App and/or Online course can be filed only and exclusively in a state or federal court located in Austin, Texas, and STUDENT irrevocably and unconditionally consents and submits to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Mobile App and/or Online course. STUDENT knowingly, voluntarily, intelligently, and irrevocably waives any available affirmative defenses under federal law or any states' laws to venue and jurisdiction in Austin, Texas, including without limitation improper venue, forum non conveniens, lack of in personam jurisdiction, and all related defenses. STUDENT agrees that this forum-selection clause shall apply to any and all claims under federal law or any states' laws and that arise from or relate in any way to the Mobile App and/or Online course, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class.
CLASS ACTION WAIVER. For disputes arising between STUDENT and ACEABLE, or any other user, STUDENT and ACEABLE agree that each can only bring a claim against each other on an individual basis. Neither STUDENT nor ACEABLE can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. If a court decides that this “Class Action Waiver” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of the CONTRACT will remain in full force and effect.
WAIVER OF RIGHT TO JURY TRIAL. STUDENT knowingly, voluntarily, intelligently, and irrevocably waives his or her rights to a jury trial of any claim or cause of action based upon, arising out of, or in any manner relating to this CONTRACT and/or ACEABLE’s performance or failure to perform. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims arising under federal law or any states' laws and that arise from or relate in any way to the subject matter of the CONTRACT and/or ACEABLE’s performance, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class. STUDENT expressly acknowledges that this provision is an essential aspect of the bargain embodied by the CONTRACT. If a court decides that this “Waiver of Right to Jury Trial” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of the CONTRACT will remain in full force and effect.
CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION. Subject to and without limiting the Governing Law and Forum Selection section, STUDENT expressly agrees that any claim or cause of action that arises from, relates to, or has connection with the Mobile App and/or Online course shall be adjudicated exclusively and finally by arbitration in Austin, Texas, administered by the American Arbitration Association. The arbitration award shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Except as required by applicable law, STUDENT knowingly, voluntarily, intelligently, and irrevocably waives any right to appeal from the arbitration award, including but not limited to any appeal from any judgment entered on the arbitration award or any order based thereupon. STUDENT agrees that any claim or cause of action that is subjection to arbitration under the CONTRACT must be brought in his or her individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. STUDENT agrees that the arbitrator shall not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides this “Mandatory and Binding Arbitration” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of the CONTRACT will remain in full force and effect.
ATTORNEY’S FEES. If ACEABLE takes action (by itself or through its representatives) to enforce any of the provisions of this CONTRACT, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, ACEABLE shall be entitled to recover from STUDENT and STUDENT agrees to pay, reasonable and necessary attorney’s fees and all costs of any litigation or other dispute resolution proceeding.
NO CONFLICTING TERMS. If there is a conflict between this CONTRACT or other documents relating to the Mobile App and/or Online course, this CONTRACT shall govern, whether or not such agreement or other document is prior to or subsequent to this CONTRACT, or is signed or acknowledged by any director, officer, employee, representative or agent of ACEABLE.
GENERAL INFORMATION. This CONTRACT constitutes the entire agreement between STUDENT and ACEABLE and govern STUDENT’s use of the Mobile App and/or Online course superseding any prior agreements between STUDENT and ACEABLE. The failure of ACEABLE to exercise or enforce any right or provision of this CONTRACT shall not constitute a waiver of such right or provision. If any provision of this CONTRACT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this CONTRACT remain in full force and effect. STUDENT agrees that regardless of any statute or law to the contrary, in order to avoid waiver, STUDENT must give ACEABLE notice of any claim or course of action (“Claim”) arising out of or related to use of the Mobile App and/or Online course within one (1) year after STUDENT becomes aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within one (1) year after such claim arose or be forever barred.
TECHNOLOGY SUPPORT SERVICES. Students may contact Aceable’s Customer Experience team for technology and troubleshooting support Sun-Thur, 8am-9pm; Fri, 8am-7pm; Sat, 10am-7pm. These services are available via email at email@example.com, or phone at 512-645-1081.
TREC Provider Approval #10137