ACI Learning Terms & Conditions

Standard Terms

At ACI Learning, we are dedicated to delivering transformative learning outcomes to individuals, students and organizations.

ACI Learning Subscription Terms & Conditions

1. Introduction:

1.1 These Terms and Conditions of Use (the “Agreement”) govern your use of the learning services and solutions provided through this site (“Service”). The Service consists of computing and information services and software, information, and other content provided by ACI Learning and its affiliates (“ACI Learning”).

1.2 By using or accessing the Service, you acknowledge and agree to comply with and be legally bound by the terms and conditions of this Agreement.

1.3 ACI Learning reserves the right to update these Terms and Conditions at any time as needed, including policies or agreements which are incorporated herein. You acknowledge and agree that ACI Learning may notify you by posting the revisions to https://www.acilearning.com/terms-and-conditions/ and that your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes.

2. Grant of License:

2.1 Grant of License —You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service. All content included in or made available through the Service, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents, is the exclusive property of ACI Learning or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally. All rights not expressly granted to you are reserved and retained by ACI Learning or its licensors, suppliers, publishers, affiliates, rightsholders, or other content providers.

3. Use of Service Content:

3.1 You acknowledge and agree that the Service and all content are protected by applicable laws of the United States and foreign countries governing copyright, trademark, and other proprietary and intellectual property rights. You acknowledge and agree that the Service and all content, including all associated intellectual property rights, are the exclusive property of ACI Learning and its licensors for which all rights are reserved. You agree to comply with any additional copyright notices, information, or restrictions applicable to any content available on or accessed through the Service. ACI Learning and all related trademarks, trade names, logos, characters, design, and trade dress are trademarks or registered trademarks of ACI Learning or its licensors in the United States and other countries and may not be used without written permission.

3.2 You may download or copy the content only for your own individual use as provided herein, and further provided that you shall maintain all copyright and other notices contained in such content. You shall not store electronically any portion of any content, except as may be temporarily stored by your browser in its ordinary operation. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution, or publication of any content is permitted without the express prior written permission of the owners of such Content.

3.3 You agree you shall not assert, nor will you authorize, assist, or encourage any third party to assert, against ACI Learning or any of our affiliates, business partners, licensors, licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to any content or any aspect of the Service. If ACI Learning concludes, after investigation that an infringement has occurred, your sole remedy shall be ACI Learning’s removal of the infringing content from inclusion in the Service as described below.

3.4 Digital Millennium Copyright Act. ACI Learning will remove infringing materials in accordance with the Digital Millennium Copyright Act if we are properly notified that the content infringes any copyright. If you believe that your content has been used by ACI Learning or any other Customer or Authorized User or End User in a way that constitutes copyright infringement, please notify us in writing at: ACI Learning 7450 Campus Center Dr Suite 250, Colorado Springs CO 80920. Your message must contain the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located within the Services, sufficient for ACI Learning to locate the material.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify our Copyright Agent by sending us notice at the address specified above or by e-mail to copyright@acilearning.com.

4. No Endorsement:

4.1 The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Additionally, ACI Learning is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator for those External Sites if you have any concerns regarding such links or External Sites.

4.2 We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

5. Subscriber Qualifications:

5.1 As part of the registration process, you will either be given an access key or a user id and password. If you are given an access key, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide the Service with any updates to that information promptly after such changes occur.

5.2 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.

6. Subscriber Information, Privacy:

6.1 Your participation in the Service is subject to our Privacy Policy, which can be found at https://www.acilearning.com/privacy-policy/.

6.2 ACI Learning utilizes Amazon Web Services (AWS) to securely store and process your data, which includes your first and last name and email address. This information is collected exclusively for the purpose of creating and managing your account. While AWS may have access to your data, it is always encrypted to ensure your privacy. We will only grant AWS access to your data with your written consent.

7. Service and System Availability:

ACI Learning uses reasonable efforts to maximize system availability. ACI Learning shall make a reasonable effort to correct any technical difficulties which may arise with the Service; however, ACI Learning is not responsible for any Service downtime. ACI Learning is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, and computer hardware or software.

8. Refunds, Auto Renewal, Cancellation and Termination of Service

8.1 Refunds — Initial Subscriptions cancelled within three days of purchase are eligible for a full refund. However, if a practice exam has been completed at any time within the initial three-day grace period, no refunds will be issued, regardless of the cancellation timeframe.

8.2 Auto Renewal — All subscriptions, including Platform Licenses, Content Subscription, and Individual Plans, will automatically renew at the end of the contracted or subscription period, for the standard list price, excluding any previous discounts or coupons, unless canceled according to the terms specified below.

8.2 Cancellation:

Platform Licenses/Seats and Content Subscriptions: A 30-day written cancellation notice is required prior to the renewal date for Platform Licenses/Seats and Content Subscriptions. If the cancellation notice is not provided within this time frame, the plan will automatically be renewed for the next contracted period, under the same terms and conditions, excluding any previously applied discounts and the cancellation will apply to the following period. No refunds will be issued for the current subscription period once renewal has occurred.

Individual Subscriptions: Individual subscriptions can be canceled by contacting customer service or through the subscriber’s online account. Any cancellation request from an individual subscription made up to three days after the renewal date is eligible for a full refund. If a cancellation request occurs after three days, the cancellation will take effect for the following subscription period. No refunds will be granted for the current subscription period.

8.3 Termination of Service: ACI Learning reserves the right to suspend or terminate your access to our services immediately, without prior notice if ACI Learning determines in its sole discretion that you have breached this Agreement. Upon termination, your right to use the services will immediately cease.

8.4 Force Majeure: ACI Learning shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including, without limitation, acts of God, power failures, communication failures, internet service provider failures, natural disasters, or any other event that renders performance impossible or impracticable (a "Force Majeure Event"). ACI Learning shall provide prompt written notice to the other party of the occurrence of such Force Majeure Event and shall use reasonable efforts to mitigate the effects of such event. The time for performance of the affected obligation shall be extended for a period equal to the duration of the Force Majeure Event. If the Force Majeure Event continues for a period exceeding 30 days, ACI Learning may terminate Service without liability by providing written notice to the other party.

9. Use of Customer Logos

9.1 By subscribing to ACI Learning’s services, you grant ACI Learning a non-exclusive, royalty-free, worldwide license to use your company’s name, logo, and trademarks (“Customer Marks”) for the purpose of identifying you as a customer on ACI Learning’s website, marketing materials, presentations, and other promotional content.

9.2 ACI Learning will use Customer Marks in accordance with any brand guidelines you provide and will not imply endorsement of any specific product or service. If you wish to revoke this permission, you may submit a written request to support@acilearning.com, and ACI Learning will cease usage within 30 days of receiving the request.

9.3 This provision does not grant ACI Learning any ownership rights over Customer Marks, and all goodwill associated with such usage will inure solely to the customer.

10. Disclaimer of Warrantees; Limitation of Liability:

10.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF ACI LEARNING, THIRD PARTY CONTENT PROVIDERS, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF ACI Learning, NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES ACI LEARNING, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.

10.2 NONE OF ACI LEARNING, ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ACI LEARNING, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Disputes and Governing Law

Please read these provisions carefully:

11.1 Unless otherwise indicated, this Agreement shall be construed in accordance with the laws of the State of Colorado. If a user is a state entity, organization or governmental body, the state laws of such user shall control the interpretation and enforcement of this Agreement.

11.2 In the event of a concern or dispute between us, please send ACI Learning written notice to support@acilearning.com describing the nature of the dispute and the relief sought.

11.2(a) ACI Learning and you agree that any dispute arising out of or relating to any aspect of the relationship between us shall be decided by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA). This includes all legal, equitable, and statutory claims arising out of or related to this Agreement, including claims related to statements about our products and the Service. Alternatively, you may opt out of arbitration as described below. By agreeing to arbitration, you waive the right to litigate your claims before a judge or jury. Arbitration shall take place in Denver, Colorado.

11.2(b)The arbitrator may only resolve suits between you and ACI Learning on an individual basis. The arbitrator cannot award relief on a class wide basis. In other words, you and ACI Learning may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

11.2 (c) If you prefer, you may take your individual dispute to small claims court.

11.2 (d) You may opt out within 30 days after consenting to these Terms and Conditions by e-mailing ACI Learning at support@acilearning.com stating your name and e-mail address and intent to opt out of the arbitration provision. If you do opt out of the arbitration provision, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Denver, CO.

11.2(e) If ACI Learning engages counsel to collect any amount owed to ACI Learning, it shall be entitled to its costs of collection, including reasonable attorney fees, court costs and interest at the rate of eight percent per annum.

12 Miscellaneous:

12.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

12.2 This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default.

12.3 The provisions of sections 3, 10, and 11 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.

12.4 These terms are neither assignable nor transferrable by you, by operation of law or otherwise, without ACI Learning’s prior written consent, which may be withheld in its sole discretion.

12.5 If any term or condition set forth in this Agreement is determined to be unenforceable, the remaining terms and conditions will continue to be binding on the parties.

Last Revised: February 21, 2025