AMS_LOGO.jpg

 

TERMS OF USE

 

Introduction

Academic Management Systems (“AMS”) provides its service to you subject to the following Terms of Use.  Please read these Terms of Use in full before using our website.

In addition, when using particular AMS services (“Services”), you and AMS shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. By accessing and using this domain and all subdomains (the “website”) associated with it, you are agreeing to be legally bound by these Terms of Use and the AMS Privacy Policy. If you do not agree to these Terms of Use, please do not use our website. We reserve the right to modify these Terms of Use from time to time without notice to you, and your continued use of the website binds you to these changes.

Terms of Use

  1. GENERAL.

AMS provides users with access to a wealth of resources and information on-line to assist students, faculty, and administration with the evaluation of opinion. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Use. You understand and agree that the Services provided through the website are provided “AS IS” and that AMS assumes no responsibility for the timeliness, accuracy or reliability of the Services, nor for any deletion, incorrect delivery, or failure to store any user communications or personalization settings.

As a condition of using the website, you are representing to AMS that:

  1. AMS PRIVACY POLICY.

Data you provide and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at AMS Privacy Policy.

  1. AMS PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY.

The technology, ideas, concepts graphics, trademarks, service marks, trade dress, graphical user interfaces and computer software that enables or facilitates the Services, together with the collection of factual data associated with the Services and the website (“Content”) is the property of AMS or its licensors, and is protected by U.S. and international copyright, trademark and other intellectual property laws. Your use of the Services and this website and your access to the Content does not confer any right or license to use any of the Content for any purpose or by any means other than use in connection with the Service. This website and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, distribute, transmit, broadcast, circulate, modify, display, perform, publish, translate, create derivative works based upon, store, frame or link to any Content on the website without the express prior written consent of AMS, with this one exception: You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the website, the original source attribution, and the phrase in 14 point font “Used with permission from AMS.” Under no circumstances are you permitted to post any Content from the website to forums, newsgroups, mail lists, electronic bulletin boards or other websites, without the prior written consent of AMS. To request consent for other matters, you may contact AMS by emailing Customer Support. You further agree not to reverse engineer any aspect of the Service or the Content, nor to use your access of the Content, the Service or the website to build or create a competitive product or service, or to create any product or service using ideas, features or functions similar to any aspect of the Content, website or the Services.

  1. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.

The website includes facts, views, opinions and recommendations of consultants, individuals and organizations not under the direct control of AMS. AMS and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions and recommendations. You should always seek the assistance of a professional for advice on investments, taxes, financial aid, the law or other professional matters.

Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the website.

THE CONTENT, THE SERVICE AND THE WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED AND AMS AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, QUALITY, SUITABILITY, TRUTH, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES OR THE CONTENT AVAILABLE THROUGH THE WEBSITE, OR THE WEBSITE ITSELF.

WITHOUT LIMITING THE FOREGOING, AMS AND ITS AFFILIATES, AGENTS AND LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE SERVICE OR SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, or (E) THAT USE OF THE SERVICES, THE CONTENT OR THE WEBSITE COMPLIES WITH ANY FEDERAL, STATE OR LOCAL LAW RELATING TO PRIVACY OR DATA SECURITY, AND AMS HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATED TO THE FOREGOING. NEITHER AMS NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE, THE SERVICES AND/OR ANY CONTENT ON THE WEBSITE.

IN NO EVENT WILL AMS, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICE, THE CONTENT OR THE WEBSITE. AMS AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

  1. COPYRIGHT INFRINGEMENT - DIGITAL MILLENNIUM COPYRIGHT ACT.

AMS respects the intellectual property of others. AMS may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others. If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:

BY MAIL:

Academic Management Systems
1408 Sweet Home Rd. Suite 12
Amherst, NY 14228

BY TELEPHONE: 1-716-204-0464

Notice of Infringing Material

Please provide a notification containing the following details:

  1. USER CONDUCT

When using the website, you shall not post or send to or from the website:

            (a)        content for which you have not obtained all necessary consents;

(b)        content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the website is being used;

(c)        content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

AMS will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to the website in breach of the this Section.  

You shall not use our website while distracted or preoccupied, such as when operating a motor vehicle.  You should access our website only with due regard for your own safety and the safety of others.

  1. LINKS TO THIRD PARTY SITES.

This website contains hyperlinks to websites operated by persons other than AMS. Such hyperlinks are provided for your reference and convenience only. These third party websites provided through hyperlinks are not under AMS’s control and we disclaim any responsibility for the content of such linked websites or any link(s) contained in such linked website(s) or any changes or updates to any of these website(s). AMS further disclaims any responsibility for any form of transmission received from any linked third party website or advertising. A hyperlink from this website to another website does not imply or mean that AMS endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this website. If you wish to make purchases from a website that is linked to this website, but is operated by a person other than AMS (a “linked website”), you may be asked by the merchant or operator of the linked website or other person from whom you are making the purchase to supply certain information, including credit card, debit card or other payment mechanism information. AMS is not liable for any loss or damage of any sort incurred as a result of any such dealings with any linked website or merchant or operator of the linked website, or other person from whom you are making the purchase.

  1. ADDITIONAL LEGAL TERMS.

AMS makes no representations that the content or the website are appropriate or may be used or downloaded outside of the United States. Access to the website and/or the content may not be legal in certain countries outside of the United States. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website. The website is subject to the United States export control law and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on the website, as may be required.

These Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the Commonwealth of Massachusetts, as if these Terms of Use were a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts. Neither this Agreement, nor your use of AMS Services or of this website creates an agency, partnership or employer/employee relationship between AMS and you. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. All rights not expressly granted herein are hereby reserved.

These Terms of Use are the entire and final agreement regarding this website, its Content and the Services and supersede any prior or contemporaneous communications between AMS and you regarding this website, its Content and the Services.

9.       INDEMNIFICATION

You agree to defend, indemnify, and hold AMS, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any and all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the website or your violation of these Terms of Use or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

  1. TERMINATION.

You agree that AMS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the website and the Service, and remove and discard any content within the website, for any reason, including without limitation, for lack of use or if AMS believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. AMS may also in its sole discretion and at any time discontinue providing Services to you, with or without notice. You agree that any termination of your access to the website and/or the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that AMS may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the services provided in the website. Further, you agree that AMS shall not be liable to you or any third-party for any termination of your access to the Services.

 

OUR CONTACT INFORMATION

Academic Management Systems, Inc.
1408 Sweet Home Rd. Suite 12
Amherst, NY 14228
support@academicmanagement.com
1-716-204-0464