TERMS OF USE: “ACT Online Training”, Variants, and Components

Animal Care Technologies (“ACT”) operates this and other websites (“ACT Online Training”, its variants and components therein, henceforth referred to as the “Service”) to provide online training resources for animal health care personnel and those seeking a career in animal health care. By using the Service, you agree to the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of the Service or to particular content or transactions are also posted, and together with these Terms of Use govern your use of those areas, content, or transactions..

ACT reserves the right to modify these Terms of Use at any time without prior notice. Your use of the Service following any such modification constitutes your agreement to the Terms of Use as modified. ACT reserves the right to suspend or deny access to the Service to anyone at any time in order to protect itself and its affiliates from suspected harm.

1. Use of the Service

With an active account, having a billing cycle and valid payment method established, and at least one active license seat, defined as a single username and password login credential, you may use the Service and the information, writings, videos, images, and/or other works that you see, hear, or otherwise experience within the Service (singly or collectively, the “Content”) solely for your personal, non-commercial purposes. Your username and password credential may not be shared or disclosed, and you may not give access to the Service or Content to any other individuals who do not hold license seats on your account. You may not assign login credentials to more individuals than the number of license seats included with your subscription. All license seat holders are bound by the Terms of Use and may not share credentials, access, use, or Content with anyone who does not occupy a paid license seat on the account of which the individual is authorized use. The Content may be displayed as a presentation to any or all of the license seat holders as a group, or the Service may be used and the Content may be displayed on individual devices by individual license seat holders. The Service and its Content may not be resold or redistributed in any form or fashion, nor may the Content be used or viewed outside of the Service, i.e. the “ACT User Interface”, without a signed distributorship agreement. ACT reserves complete title and full intellectual property rights in the Service and all Content therein, and no right, title, or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. You may not use, alter, copy, distribute, broadcast, transmit, or derive another work from any Content obtained from the Service, except as expressly permitted by the Terms of Use.

2. Billing

Billing information is required in order to create a valid ACT account and access the Services. By providing your billing information and designating a Payment Method, whether through the online shopping cart or directly to a representative of ACT, you thereby authorize Animal Care Technologies to charge you a one time and/or recurring fee for Service as outlined in the registration form or provided to you by email, as well as applicable sales tax and any other charges you may incur by your use of optional and additional Service(s) you choose while using the Service. Purchase Orders must be emailed to orders@4act.com. Billing information may include credit card numbers and other personal information that will be securely stored by ACT and its authorized payment gateway services. You may change your billing information and Payment Method by contacting ACT at the phone number or address below. DO NOT SEND BILLING INFORMATION AND/OR PAYMENT METHOD INFORMATION, I.E. CREDIT CARD NUMBERS BY EMAIL OR FAX.

Payment for Service is due on the first day of the billing period (i.e.: recurring monthly payment due on the 1st of the month provides Service through the last day of that month). If payment is not received, Service will be suspended. Delinquent accounts will be referred for collections, and fraudulent Payment Methods, i.e. “hot checks”, will be submitted to the district attorney’s office for prosecution.

You acknowledge that the amount of any recurring charge may vary for reasons that may include promotional offers, subscription price changes, and/or changing or adding Service(s), and you authorize ACT to charge your designated Payment Method for such varying amounts. Recurring billing periods vary according to subscription plan, such as monthly, quarterly, yearly, etc. YOU AUTHORIZE ACT TO AUTO-RENEW YOUR ACCOUNT AT THE END OF EACH BILLING PERIOD AND CHARGE YOUR PAYMENT METHOD UNTIL YOU CONTACT ACT TO CANCEL SERVICE.

ACT reserves the right to change the price and billing period for its Service or any of its components at any time. Any price or billing period changes will occur only after the administrator of the account is notified by email at least 30 days before the scheduled price change date, allowing you to modify your billing plan or cancel before your next billing date. It is your responsibility to keep the administrator’s email address accurate. If you do not reply to the email or contact ACT before the next billing date, you accept the new terms of billing.

3. Trials, Refunds, and Cancellation Policy

Any trial period offered free of charge is at the sole discretion of ACT and may be altered or terminated at any time. BILLING, AS OUTLINED IN THE ONLINE REGISTRATION FORM, AUTOMATICALLY BEGINS AT THE CONCLUSION OF ANY TRIAL PERIOD AND CONTINUES UNTIL CANCELLED BY THE ACCOUNT HOLDER. You may request cancellation of your account and recurring payment by contacting 1.800.357.3182 and speaking with a customer service representative. Our representatives are available from 8:00 a.m. to 5:00 p.m. Monday through Friday CT, excluding holidays. You may also write us at:

Animal Care Technologies
2701 Hartlee Field Rd.
Denton, TX 76208

All authorized transactions are nonrefundable, and there are no refunds or credit given for partially used billing periods. Unauthorized transactions should be reported to us by contacting 1.800.357.3182 and speaking with a customer service representative.

4. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to ACT or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by ACT or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ACT, for example in certain password-restricted areas of the Site. With the exception of those materials uploaded by the user to the Site, you may not manipulate or alter in any way text, images, or any other Content on the Site.

5. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

6. Links to Third-Party Web Sites

Any links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ACT of the third party, the third-party web site, or the information contained therein. ACT is not responsible for the availability of any such web sites. ACT is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of ACT affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

7. Linking to this Site

If you would like to link to the Site, you may do so when ACT’s business is relevant to your own activities. However, no use is permitted just to attract attention or to suggest any endorsement or sponsorship by, or affiliation with ACT. Unless specifically authorized by ACT, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

8. Downloading Files

ACT cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

9. Software

Any software, videos, or material available for download via the Site (with the exception of privately uploaded material) is the copyrighted work of ACT and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

10. Disclaimer of Warranties

ACT makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. ACT expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. ACT does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. ACT does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.

11. Limitation of Liability

In no event will ACT be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (I) the use of or inability to use the site, the service, or the content, (II) any transaction conducted through or facilitated by the site; (III) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (IV) unauthorized access to or alteration of your transmissions or data, or (V) any other matter relating to the site, the service, or the content, even if ACT has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, ACT’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

12. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ACT, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

13. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

14. Password Security

If you register to become a user of ACT online materials, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password, including billing and account information.

15. Privacy Policy

ACT collects and stores certain information about its customers in order to provide services and assess and improve customer experience. Information you voluntarily provide to ACT may include, but is not limited to, your name, address, phone number, email address, title, company or institution, product inquiries, and testimonials. This information is never sold or shared, or accessed in any way by anyone outside of Animal Care Technologies. Some of this information is required to create accounts, utilize the features within the Service, process billing, provide customer service, and provide information about ACT products and services. Informational and promotional emails always conform to spam laws and contain opt-outs to discontinue their receipt. As a functionality of the Service, you may not opt-out of service-related emails, such as a notice that the Service is temporarily disabled due to maintenance. Subsequent users added to the Service(s) agree to receive service-related emails by their act of confirming their account credentials emailed to them after an administrator adds them to the Service(s). Billing and payment information you provide is stored securely and accessed only by ACT and/or its authorized payment gateway services. ACT uses accepted standards for encryption and secure data transmission to prevent personal and sensitive information from being stolen, spoofed, or manipulated.

ACT collects other information about its customers that is not voluntarily provided. This information includes, but is not limited to, Service usage statics, website traffic, click rates on advertisements and other Content, unique device identifiers, cookies, referral URLs, and search queries within ACT Sites. This information is used to provide Service continuity and assess and improve our customers’ experience with ACT products and services. You are not personally identified by this information. Anonymous aggregate data may be shared with authorized partners of ACT for the purpose of such things as product design and Content demand.

15. General Provisions

a.Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ACT of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b.Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ACT therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ACT does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c.Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, ACT’s Privacy Policy, your use of the Site, any other ACT web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws’ provisions.

Date of Last Modification to Terms of Use: November 5, 2018

Animal Care Technologies
2701 Hartlee Field Road
Denton, TX 76208