Effective Date: 10/1/2023

» SCOPE OF AGREEMENT

This Terms of Use Agreement ("Agreement") by and between the Analytics Institute ("we", "us", "our" or "the Institute") and you ("you" , "your" or "User") governs your use of the analyticsinstitute's website ("Site") together with all information, content, products, materials, and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the "Services"). By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Services in any manner.

When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other websites owned or controlled by the Analytics Institute, notifyanywhere and its subsidiaries and any other policies, rules, and provisions which are described, linked, or otherwise referred to and form a part of this Agreement, including, without limitation, our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations, or agreements regarding the Services.

The Analytics Institute reserves the right to modify the terms of this Agreement at any time and will post a notice of such changes. The changes become effective immediately upon posting (the "Effective Date"). If any change to the Agreement is not acceptable to you, you must stop using the Services. Your use of the Services after the Effective Date shall constitute your acceptance of such changes. If we make any new products or services available, they will be considered a part of the Services, and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms that apply to third-party content, material, information, software, or other services.

» DEFINITIONS

2.1 The term "Collaborative Content" refers to User Content posted on or to the Interactive Services sections of the Site for the purposes of collaboration with other Users.
2.2 The term "Interactive Services" refers to message boards, chat boards, blogs, virtual communities, and other interactive media made available by the Analytics Institute available via the Site.
2.3 The term "Institute Intellectual Property" refers to all text, graphics, images, trademarks, logos, button icons, programs, software, and other data, content, information, and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by the Analytics Institute or licensed to the Institute by third parties. This includes but is not limited to Institute Content and Institute Trademarks.
2.4 The term "Institute Trademark(s)" refers to all trademarks and service marks owned by the Analytics Institute.
2.5 The term "Analytics Institute" refers to the Analytics Institute operated by NotifyAnywhere.
2.6 The term "Institute Content" refers to copyrighted content owned by the Analytics Institute or other copyrighted content owned by third-party partners of the Institute.
2.7 The term "Services" refers to all information, content, products, materials, and services made available to you by the Analytics Institute and/or affiliated third parties via the Site.
2.8 The term "Site" refers to the website analyticsinstitute.us, which is owned and operated by the Analytics Institute.
2.9 The term "User Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted on or to the Interactive Services sections of the Site by Users.
2.10 The terms ''you'', "your" and/or ''user'' refer to any individuals and/or entities accessing the Site for any reason.

» OWNERSHIP AND USE OF INSTITUTE INTELLECTUAL PROPERTY

3.1 Ownership and Use. Institute Intellectual Property, which excludes the User Content you upload, post, or otherwise transmit via Interactive Services (the "Institute Intellectual Property"), is owned by the Analytics Institute or licensed to us by our third-party partners. Institute Intellectual Property does include, however, any content developed and/or posted via the Interactive Services that has been created in whole or in part by the Analytics Institute. You have no rights in or to such Institute Intellectual Property, and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any Institute Intellectual Property, except as specifically permitted under this Agreement.
3.2 Institute Content. As a courtesy to our customers and members, we have posted to the Site certain Institute Content. Unless otherwise specifically set forth on the Site or we give you written permission, you may only access and download the Institute Content for your personal use, and you agree you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the Institute Content. You may not do or allow anyone else to do anything with the Institute Content which is not specifically permitted under this Agreement. You acknowledge and agree that the Institute Content is made available for informational and educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or your professional judgment. Your reliance upon Institute Content obtained by you on or through the Services is solely at your own risk. All rights not expressly granted in this Agreement are reserved to the Analytics Institute.
3.3 Permission to Use Institute Content. You may request permission to reproduce all or a portion of Institute Content owned by the Analytics Institute via the Permissions section of the Site. We reserve the sole discretion to determine whether, and upon what terms, Institute Content will be licensed. Depending on the nature and scope of the intended use, licensing fees may apply.
3.4 Trademarks: The Institute Trademarks ("Marks") appearing on this site may not be used in any advertising or publicity, or otherwise to indicate the Analytics Institute's sponsorship of or affiliation with any product or service, without the Analytics Institute's prior express written permission. You are prohibited from using Institute Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of the Analytics Institute. You agree you will not alter any Institute Mark in any manner to make it appear that the Analytics Institute is endorsing, sponsoring, authorizing, or affiliated with you, your company, or any third party, except as expressly permitted in writing by the Analytics Institute. Additionally, you agree to be bound by and to follow the terms of the Analytics Institute's Trademark Usage Guidelines, the entire contents of which are incorporated herein by reference and made a part of this Agreement.

» LINKS

4.1 Links to Third-Party Sites. As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. You should always review the terms and conditions and privacy policies of any site to which you navigate.
4.2 Links to the Site. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Analytics Institute. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content, or intellectual property.

» USER CONTENT

5.1 Your Responsibilities. You may be required to create an account to access certain features of our services. You are responsible for maintaining the confidentiality of your account information, and you agree to accept responsibility for all activities that occur under your account. You are responsible for all User Content you upload, post or otherwise transmit via Interactive Services. When using Interactive Services, you agree that you will not upload, post or otherwise transmit User Content that (a) is knowingly false, misleading, or inaccurate; (b) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (c) you do not have the right to upload, post, or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (e) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (f) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Services or the Site, or which may expose the Analytics Institute or its users to any harm or liability of any type.
5.2 Age Restriction. Our services are intended for individuals who are at least 13 years of age. If you are under the age of 13, you are prohibited from using our services. By using our services, you represent that you meet this age requirement.
5.3 License Grant. By posting or uploading User Content to any part of the Site, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any other user of the Site to access, view, store, or reproduce the User Content for that user's personal use. You also grant the Analytics Institute the right to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. You also grant the Analytics Institute the right to edit, copy, publish, distribute, translate, and otherwise use in any medium any User Content that you place on the Site without any compensation to you. You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section; (ii) the posting and use of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your User Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any User Content posted by you to or through the Services. You further acknowledge and agree that User Content is non-confidential and non-proprietary. Subject to your compliance with these terms, we grant you a limited, non-exclusive, and non-transferable license to access and use our services for personal and non-commercial purposes. Any unauthorized use, copying, or distribution of our content or services is prohibited.
5.4 Monitoring. We have the right, but not the obligation, to monitor any activity and content associated with Interactive Services. We may investigate any reported violation of this Agreement or complaints and take any action that we deem appropriate, which may include, but is not limited to, issuing warnings, suspending or terminating your access and/or removing any materials from the Site, including, without limitation, User Content. We also reserve the right and have absolute discretion to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without notice, and at our sole discretion. Any opinions, advice, statements, services, offers, or other information that constitutes part of the User Content expressed or made available by third parties are those of the respective authors or distributors and not of the Analytics Institute.

» PRIVACY

Your use of our services is also governed by our Privacy Policy. Please review our Privacy Policy to understand our data handling practices.

» REFUND POLICY

Full Refund within 15 calendar days: If the certification exam is purchased but remains unused for a duration of 15 calendar days, a full refund will be issued. Non-Refundable Fee: After the 15 calendars days period has elapsed, the fee for the certification exam becomes non-refundable.

No Refunds for Attempted Exams: Once the "Start Exam" button is pressed, the exam is considered attempted, and the fee becomes non-refundable. This policy applies even in the case of technical issues such as internet connectivity problems. Any technical issues should be addressed before starting the exam.

Non-Refresh Policy: During the exam, it is crucial not to refresh the browser. Any action leading to the refresh of the browser may result in the exam being considered as attempted.

System Readiness Exam: It is mandatory to take the system readiness exam to ensure all functionalities are in proper working order. In case of any issues, please refrain from taking the exam and reach out to our support team for assistance. Please note that once the actual exam is attempted, no further action or refund can be initiated.

For any questions or concerns regarding our refund policy, please contact us at info@analyticsinstitute.us.

» RESTRICTIONS

You agree not to (a) distribute, upload, post, or otherwise transmit through the Services any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically, or otherwise objectionable; (b) collect, store, or disclose any information about any other User other than in the normal course of the permitted use of the Services; (c) impersonate any person or entity, including but not limited to any Analytics Institute representatives; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services; (e) distribute, upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (g) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services; or (h) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services; (i) violating any applicable laws or regulations.

» DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

» LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ANALYTICS INSTITUTE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE ANALYTICS INSTITUTE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO THE ANALYTICS INSTITUTE, IF ANY, FOR ACCESSING THE SERVICES. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND THE ANALYTICS INSTITUTE RELATING TO THE PROVISION OF THE SERVICES TO YOU, AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.

» INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Analytics Institute, its subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit, or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, or your violation of any rights of another.

» AMENDMENT

We may amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall be effective immediately and shall apply to all transactions and activities undertaken in connection with the Services from the time that the amended terms are posted on the Site. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on the Site prior to the change becoming effective. Please check the Site often to view the most recent terms. Your continued use of the Services after the amended terms become effective constitutes your agreement to abide by the amended terms. If you do not agree to the amended terms, you must immediately cease using the Services and notify us of your refusal to accept the amended terms.

» GENERAL PROVISIONS

11.1 Entire Agreement. This Agreement constitutes the entire agreement between you and the Analytics Institute and governs your use of the Services, superseding any prior agreements between you and the Analytics Institute with respect to the Services.

11.2 Applicable Law. This Agreement and the resolution of any dispute related to this Agreement or the Services shall be governed by and construed in accordance with the laws of the State of Virginia, USA without giving effect to any principles of conflicts of law. Any legal action or proceeding between the Analytics Institute and you related to this Agreement or the Services shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Loudoun County, Virginia, and you agree to submit to the personal and exclusive jurisdiction of such courts.

11.3 Waiver and Severability of Terms. The failure of the Analytics Institute to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement remain in full force and effect.

11.4 No Right of Survivorship and Non-Transferability. You agree that your Analytics Institute account is non-transferable and any rights to your account or its contents terminate upon your death.

11.5 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11.6 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

11.7 Violations. Please report any violations of this Agreement by emailing us at contact@analyticsinstitute.us.

We hope you find the Site and the Services useful and convenient to use! We strive to keep our Services safe, secure, and functioning properly, and we need our users to help us with this. If you see any information on the Site that you believe is inappropriate, please contact us at contact@analyticsinstitute.us. We appreciate your help in keeping our Services safe and useful for everyone.

Thank you for reading and agreeing to the terms of use!

Analytics Institute