Action Potential Learning Terms & Conditions
Website & Professional Development Course Terms & Conditions
TERMS APPLICABLE TO ALL USERS OF THIS WEBSITE, INCLUDING ITS PROFESSIONAL DEVELOPMENT COURSE CONTENT
CHANGES TO TERMS
OUR TERMS AND CONDITIONS OF USE
This is a contract with Action Potential Learning, LLC. Please carefully read the following terms before accessing this site or using any course material. By accessing the site (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site. By using this service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications aplearning.com or professionaldevelopment.aplearning.com may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
I. Action Potential Learning, LLC reserves the right to change the content used at any time.
II. Trainees who fail to complete the e-learning course in the time available will not be eligible for a refund.
III. Annual Subscription Access: Access to course material shall be available for use up to one year following initial registration of the course. Access to the course material shall be granted upon purchase of additional annual course subscriptions. Notice of expiration may or may not be given to users and it is the student and/or user’s responsibility to monitor this time period.
IV. Action Potential Learning, LLC makes no commitment to maintain or preserve any Course materials, submissions, completion certificates, passwords, documents, posts, and any other material generated by the end user after the period of the 1-year Annual Subscription (described above) has expired.
V. These Terms and Conditions shall be governed by and construed in accordance with the laws of Texas, United States.
I. Online payment is the preferred method of payment. Recognized credit cards are Visa/Mastercard/Amex.
II. Course fees include the licensing of training materials to a limited period of time to and appropriately qualified course content. Each license is valid to one person only and cannot be exchanged or shared.
III. Action Potential Learning, LLC reserves the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
IV. All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one registration event, unless otherwise specified.
V. Late payment may incur penalty charges including removal of any discounts.
3) Cancellation Policy
II. If a student cannot access the course online via the site(s) www.aplearning.com; professionaldevelopment.aplearning.com because they fail to meet the required system requirements given on the website, then Action Potential Learning, LLC will not take responsibility or give a refund to the purchaser.
III. The start date of all memberships and access is deemed to be the date that the student first has access to the course materials and shall commence for 365 days. After the annual term has expired, Action Potential Learning, LLC can no longer guarantee access to the course, its materials, certification materials, or that certification will be possible. Action Potential Learning, LLC makes no claims or guarantees that credit hours earned through our course material will be accepted by any state, city, district, national, or other certifying body for professional certification or licensure. We recommend that course subscribers verify the applicability of Action Potential Learning, LLC course materials for its validity and acceptance by any such authority for granting professional development credit prior to course purchase. Refunds shall not be administered on the basis of earned credit hours not being accepted certification by any state, city, district, or other certifying entity.
4) Course Materials
I. All training and course material is property of Action Potential Learning, LLC.
II. This course material has been prepared, maintained, updated and distributed by Action Potential Learning, LLC.
III. The use of the training material on our courses is restricted to the Registered User who has been supplied with the log in details by Action Potential Learning, LLC as part of an authorized course.
IV. The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by Action Potential Learning, LLC other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
V. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
VI. The materials made available by Action Potential Learning, LLC are provided "as-is" without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
VII. Action Potential Learning, LLC does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User's responsibility.
VIII. Action Potential Learning, LLC may make improvements, or changes, to this material at any time without prior notification.
IX. These Terms and Conditions shall be governed by and construed in accordance with the laws of Texas, United States.
X. If you do not agree with these Terms and Conditions you must cease to use the course website(s) immediately.
Action Potential Learning, LLC will make available course completion certificates for relevant courses following satisfactory completion of all required materials and proper submission of the course. Certificates may be downloaded within the user’s dashboard located under “My Courses.” Certificates may not be available under certain circumstances including: for courses that were provided as part of a promotion (i.e. free of charge), courses used and designed for internal employee (tutoring, instructor) training purposes, courses that do not explicitly state an allotment of earned credit (CPE) hours under the main course description page found on the website(s), and courses that were completed prior to the expiration of the annual subscription (described above). Action Potential Learning, LLC makes no claims or guarantees that credit hours earned through our course material will be accepted by any state, city, district, national, or other certifying body for professional certification or licensure. We recommend that course subscribers verify the applicability of Action Potential Learning, LLC course materials for its validity and acceptance by any such authority for granting professional development credit prior to course purchase. Refunds shall not be administered on the basis of earned credit hours not being accepted certification by any state, city, district, or other certifying entity.
ACCESS TO THE COURSES
Action Potential Learning, LLC strives to provide the course content to its Students on a continuous basis. To that end, Action Potential Learning, LLC will take all commercially reasonable efforts to provide uninterrupted Access of the courses to its Students. However, from time to time, students may be unable to Access the courses due to conditions beyond Action Potential Learning, LLC’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its Students, Action Potential Learning, LLC will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Action Potential Learning, LLC strives to provide the highest quality content to its Students. To that end, Action Potential Learning, LLC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately and notice may or may not be given in advance.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
Pricing for Products and Services In the event a product, service or the cost of a course or program of study is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing or product information or otherwise, Action Potential Learning, LLC shall have the right to refuse or cancel any orders placed for that product(s) or service(s) listed at the incorrect price. Action Potential Learning, LLC shall have the right to refuse or cancel any such orders or requests whether or not they have been confirmed and the User’s credit card has been charged, or another has been accepted.
The Website, including its course materials is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. [Action Potential Learning, LLC] makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
SCOPE OF USE AND USER E-MAIL
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos, and course materials) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, professional development course materials, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Action Potential Learning, LLC is strictly prohibited.
COPYRIGHTS AND TRADEMARKS
The materials at this Site, professional development course content, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Action Potential Learning, LLC’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Action Potential Learning, LLC.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Action Potential Learning, LLC. You may not use a part of this Website on any other Website, without Action Potential Learning’s prior written consent.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Action Potential Learning, LLC that you will not use the Website, including all course content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
THE WEBSITE, AND ANY CONTENT, INCLUDING COURSE CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH Action Potential Learning, LLC EXPRESSLY DISCLAIMS. Action Potential Learning, LLC DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND Action Potential Learning, LLC WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Action Potential Learning, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Action Potential Learning, LLC. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
No Warranties The site and the content and services made available on the site are provided on an “as-is” and “as available” basis. Action Potential Learning, LLC, does not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, the site content, any services provided through the site or on the internet generally. Some states may not permit the disclaimer of implied warranties, so the preceding disclaimer may not apply to you. Action Potential Learning, LLC does not warrant that the site or services will be uninterrupted or error-free or that defects in the site will be corrected. Action Potential Learning, LLC makes no claims or guarantees that credit hours earned through our course material will be accepted by any state, city, district, national, or other certifying body for professional certification or licensure. We recommend that course subscribers verify the applicability of Action Potential Learning, LLC course materials for its validity and acceptance by any such authority for granting professional development credit prior to course purchase. Refunds shall not be administered on the basis of earned credit hours not being accepted certification by any state, city, district, or other certifying entity.
GOVERNING LAW, LOCATION AND MISCELLANEOUS
COPYRIGHT POLICY AND COPYRIGHT AGENT
Action Potential Learning, LLC respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
4301 W. William Cannon Dr. B-150 #313
Austin, Texas 78749
NOT PROFESSIONAL ADVICE
The information available on the Website and in all professional development course content is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
USER SUBMISSIONS AND COMMUNICATIONS
If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Action Potential Learning, LLC by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Action Potential Learning, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Action Potential Learning, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Action Potential Learning, LLC by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Action Potential Learning, LLC has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
Action Potential Learning, LLC reserves the right (but is not obligated) to do any or all of the following:
(a)Record the dialogue in public chat rooms.
(b)Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(e)Monitor, edit, or disclose any communication in the Public Areas.
(f)Edit or delete any communication(s) posted on the Action Potential Learning, LLC Site, regardless of whether such communication(s) violate these standards.
Action Potential Learning, LLC reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Action Potential Learning, LLC has no liability or responsibility to users of the Action Potential Learning, LLC Website or any other person or entity for performance or nonperformance of the aforementioned activities.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
LIMITATION OF LIABILITY
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Action Potential Learning, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Action Potential Learning, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Action Potential Learning, LLC.
ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
ACCOUNTS AND SECURITY
Action Potential Learning, LLC does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
YOU MAY NOT:
(a)select or use a Login Name of another person with the intent to impersonate that person;
(b)use a name subject to the rights of any other person without authorization;
(c)use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Action Potential Learning, LLC of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Action Potential Learning, LLC’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Intervention Tutoring Terms & Conditions
FEES AND PAYMENT INFORMATION: Fees are charged per hour of tutoring in the form of tutoring packages. Packages never expire, and refunds are available for any unused hours. Payment must be made before the first tutoring session either via credit card payment by phone, credit card payment by form, or payment by online invoice. Cash and check for payment may be mailed but must be received before the first tutoring session. Pricing is subject to change, but purchased packages will not be affected by any pricing changes. Discounts may be applied for packages, and special promotions may be applied for additional discounts.
SCHEDULING TUTORING SESSIONS: Tutoring sessions are scheduled between the tutor and parent, and the tutor will make initial contact. Sessions should be scheduled at least 24 hours in advance. Emergency tutoring may be arranged if a tutor is unavailable, but it is not guaranteed. In the event that we cannot find a suitable tutor to meet your child’s needs, any unused hours will be refunded.
TUTOR REQUREMENTS: Action Potential Learning is proud to work with the most qualified tutors in your area. If the tutor does not meet standards of excellence for any reason, the parent should contact the program director immediately. Every effort is made to match a tutor with a student based on student need and performance expectations. In the event you are not satisfied with your tutor, we find a suitable tutoring replacement for your child. Since we guarantee our tutors, if you are still not satisfied, we will reimburse the remaining hours in your package.
DATA ANALYSIS AND REPORTING: Tutors may measure a student’s progress and performance both in school in an effort to maximize student performance. Reports of your child’s progress may be emailed to you in the form of session progress notes. Identifying student information will never be publicly associated with data. Only you, your tutor and the program director will have access to session notes. We may use progress data to assess or showcase effectiveness of tutoring sessions, or reference comments about a session or tutor, but will not release any identifying information of your child. Any comments, feedback, or other communications becomes the sole property of Action Potential Learning, LLC. While we will never release identifying information, we reserve the right to reproduce, publish, or distribute any material you may submit.
NO WARRANTIES: Action Potential Learning makes no promises or warranties with regards to a student’s performance as a result of any tutoring provided. However we do guarantee that you will love your tutor, so if you are unhappy with your tutor, we will find a replacement tutor or refund your remaining package hours.
OBLIGATIONS OF THE TUTOR: The tutor will be required to do all preparation prior to the session and to structure the sessions in a way so as to optimize time to the benefit of the student. The tutor shall keep all information about the student confidential, and will contact other parties only if given written permission by the parent/guardian to do so. The tutor shall not ever be required or obligated to carry out homework or assignments on behalf of the student. Tutors must only teach students with a parent or guardian present in the home during the tutoring session. Tutors are obligated under contract to work with clients only through Action Potential Learning.
PERSONAL INFORMATION: Your email address, phone number, and address are shared only with the tutor that has been assigned to teach your child. Tutors are obligated by contract to keep all personal information confidential. We will not use your email address or phone number for anything other than business directly related to Action Potential Learning.
Credit Card Payment Processing Terms & Conditions
Online Professional Development Courses Purchased by Credit Card
Private Tutoring Packages Purchased by Credit Card
Enrichment Classes Purchased by Credit Card
Registration for enrichment classes is a one-time fee. We allow cancelation for a full refund up to 1 week prior to the class date and time. After this time period, no refunds will be available for that particular class.
Credit Card Order Cancellation Policy