Effective Date: August 2017
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "You" or "User" or with “Your”) AND THE ASSOCIATION FOR TALENT DEVELOPMENT (referenced herein as "ATD") THAT APPLIES EACH TIME YOU USE OR ACCESS ANY WEBSITE AND/OR DIGITAL PROPERTIES OWNED AND OPERATED BY ATD, NAMELY www.td.org (referenced collectively herein as the “Website”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “TOU”) AS THEY GOVERN YOUR ACCESS AND USE OF THE WEBSITE. ATD IS WILLING TO LICENSE THE USE OF THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEBSITE AND ARE INSTRUCTED TO EXIT THIS WEBSITE OR PORTAL IMMEDIATELY.
Postings. The Website may contain blogs, forums, message boards, portals, comment areas, questionnaires and other interactive features and functionality where Users can share and post information and/or photos, video, or audio. To the extent that the Website contains such communication forums and online communities (referenced collectively herein as “Online Communities”), You agree that by using the Website You will not upload, post, display, or transmit any of the following materials on the Website’s Online Communities:
Permission to Use Postings. Forums are the resources and property of ATD and/or its licensors and You will not have any proprietary interest in any Forum. Moreover, by submitting content, information, or a work of authorship of any type ( "Posting") to a Forum or other portion of the Website or by otherwise using the Website to transmit or display a Posting, You automatically grant ATD a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, sublicense (or further license), distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into (or combine with) 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 or information. Without limitation of the foregoing, ATD may require You to agree to a separate license agreement for any Posting. You represent that you have all necessary rights to make the Posting available to ATD and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that ATD has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting Your information, content, and materials to appear on the Website ATD has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, ATD assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information.
GOVERNMENT RIGHTS. The use of the Website including, without limitation, its reproduction and display by the United States of America and/or any other country and its or their respective instrumentalities (including prime contractors or any other contractor at any tier), agencies, or offices, regardless of form (collectively, the "Government"), shall be governed by this TOU. Accordingly, the Website is provided to the Government with LIMITED RIGHTS and/or RESTRICTED RIGHTS (as applicable). Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (g) of the Rights in Data – General clause at 48 C.F.R. § 52.227-14, subparagraphs (b)(1) and (2) of the Commercial Computer Software License clause at 48 C.F.R. § 52.227-19, or subparagraph (b)(1) of Technical Data--Commercial Items clause at D.F.A.R.S. § 252.227-7015, as applicable. Moreover, all ATD products and materials, including the Website, are commercial in nature and were not first produced in the performance of any Government contract. Accordingly, the data, software and documentation available through the Website Data are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or D.F.A.R.S. § 252.227-7014, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to Government end users (a) only as Commercial Items and (b) with only those rights as are granted to other end users pursuant to the terms and conditions herein. For any use of the Website that would require compliance by ATD with a particular Government requirement not identified herein or that would affect ATD's rights, the applicable Government entity, agency, or office must notify ATD of said Government requirement and obtain a waiver or exemption from such requirements for the benefit of ATD before any government access to the Website. Any Government Licensee shall also affix the following “Government Rights Notice” to any copy of any information downloaded or printed from the Website made available to any Government Authorized User:
Government Rights
(a) Data. This data is submitted with limited rights and is subject to the terms of the Association for Talent Development ("ATD’s") current commercial license agreement. This data may be used by the Government with the express limitation that the Government will not, without written permission of the ATD, be used in any manner prohibited by ATD’s current commercial license agreement.
(b) Software. Use, reproduction, or disclosure is subject to restrictions set forth in ATD’s current commercial license agreement.
(c) This notice shall be marked on any reproduction of this data, in whole or in part.
Feedback. ATD welcomes Your feedback and suggestions about ATD's programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to ATD, You represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to ATD and enable ATD to use such Feedback. In addition, any Feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ATD to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
PLEASE READ CAREFULLY THE FOLLOWING.
Electronic editions (PDFs, ebooks) of ATD Press books, issues of TD at Work, and other publication downloads are copyrighted by ATD. They are solely for individual use/viewing and are not meant to be printed or edited. You may download the file to your device(s) for personal use only. You may not email, sell, or otherwise transfer any downloaded file or your download rights to another user.
For most ATD publications, a hard copy/print version is available for purchase. For customers residing outside of the United States who prefer a printed publication and faster delivery, ATD publications are available at popular online retailers around the globe. For information about ATD’s international distribution partners, click here.
Access to ATD virtual content, including conference session recordings, member-only videos, virtual conferences, webcasts, or any other type of recorded or live presentation made available is copyright ATD (unless otherwise noted) and is for individual use and viewing only.
Dates and times are subject to change. If the details of the event change (such as a time change), you will be notified through email.
Virtual content and recordings purchase and access is single use only. Sharing of account or login information is not permitted. Multiple computers accessing a webcast or virtual conference simultaneously from the same account is not permitted. Questions on enterprise access to ATD content or membership can be directed to the ATD Enterprise Solutions team by email: enterprise@td.org.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ATD shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, ATD shall immediately issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order for a product from the ATD Web site, nor does it constitute confirmation of our offer to sell any product from the ATD Web site. ATD reserves the right at any time after receipt of your order to accept or decline your order for a product for any reason. ATD reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our finance department. We may require additional verifications or information before accepting any order.
ATD shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Virginia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
All of ATD's products available for sale through the ATD web site are guaranteed against defects for 30 days from the date of sale/invoice. Except as expressly stated herein, ATD makes no representations or warranties either expressed or implied, of any kind with respect to products sold on the ATD site, including any warranties of merchantability or fitness for a particular purpose. You agree that the sole and exclusive maximum liability to ATD arising from any product sold on the ATD sites shall be the price of the product ordered. In no event shall ATD, its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to product(s) sold.
Code of Conduct for ATD Events (Virtual or In Person)
ATD is committed to providing a professional, friendly, and welcoming learning environment for all participants at its Meetings and Events, regardless of gender, sexual orientation, disability, race, ethnicity, religion, national origin, or other protected classes.
We expect all ATD Meeting and Event participants and speakers (virtual or in person) help ensure a positive learning experience for everyone. Unacceptable behavior will not be tolerated during any portion of a Meeting or Event.
All participants in ATD Meetings or Events must abide by the following policy.
Expected behavior:
Unacceptable behavior includes, but is not limited to:
Report harassment or disruptive behaviors to ATD at virtualconference@td.org.
Consequences of misconduct may include immediate removal from the ATD Meeting or Event without warning and/or restrictions from attending future ATD Meetings or Events.
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More than 10 business days prior to the start of the CPLP preparation program |
Refunds: Please send your cancellation request in writing to customercare@td.org. Your refund or credit will be subject to a $100 cancellation fee plus the cost of the CPLP Learning System which is non-refundable. CPLP Learning System cost for members is $300 and for non-members is $400 for a total cancellation fee of $400/members or $500/non-members. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Credits are minus the cost of the CPLP Learning System as stated above. Transfer to another CPLP preparation program: Participants, or a representative of the organization that paid for the registration, may transfer their registration to another CPLP preparation program of equal or lesser value free of charge. The transfer request must be received in writing to customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
10 business days or less prior to the start of the CPLP preparation program |
Refunds or Credits: No refund or credit will be issued. Participant substitutions: If you find that you cannot attend or transfer to another preparation course, and it is less than ten (10) business days before the start of the CPLP preparation program, you may send a replacement, with written notice to ATD at customercare@td.org. If you are unable to send a replacement, you forfeit your registration fee. Participant substitutions may be made at any time by the registrant or a representative of the organization that paid for the registration with written notification to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. Transfer to another CPLP preparation program: A $50 transfer charge will be applied. |
| ATD-Initiated Cancellations | ATD reserves the right to cancel any training course or event due to insufficient enrollment at least 7 calendar days in advance of the scheduled start date. Notice will be provided with the option to reschedule for a future date or to receive a full refund of registration fees. If a training course or event is canceled, ATD will reimburse the costs of flight change fees solely for the paying customer upon receiving the customer’s change fee receipt. ATD is not responsible for any other expenses incurred by the customer such as non-refundable airfare or hotel. In the unlikely event that a training course or event is canceled due to any unforeseen circumstances such as weather, natural disaster, or other emergency, the customer is entitled to reschedule for a future training course or event; however, ATD will not be responsible for any expenses incurred by the customer. |
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More than 10 business days prior to the start of the APTD preparation program |
Refunds: Please send your cancellation request in writing to customercare@td.org. Your refund or credit will be subject to a $100 cancellation fee plus the cost of the APTD Learning System which is non-refundable. APTD Learning System cost for members is $200 and for non-members is $300 for a total cancellation fee of $300/members or $400/non-members. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Credits are minus the cost of the APTD Learning System as stated above. Transfer to another APTD preparation program: Participants, or a representative of the organization that paid for the registration, may transfer their registration to another APTD preparation program of equal or lesser value free of charge. The transfer request must be received in writing to customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
10 business days or less prior to the start of the APTD preparation program |
Refunds or Credits: No refund or credit will be issued if you cancel less than 10 days prior to the start of the program. Participant substitutions: If you find that you cannot attend or transfer to another preparation course, and it is less than ten (10) business days before the start of the APTD preparation program, you may send a replacement, with written notice to ATD at customercare@td.org. If you are unable to send a replacement, you forfeit your registration fee. Participant substitutions may be made at any time by the registrant or a representative of the organization that paid for the registration with written notification to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. Transfer to another APTD preparation program: You may elect to transfer to another APTD preparation program, but a $50 transfer charge will be applied if you notify ATD less than 10 days prior to the start of the program. |
| ATD-Initiated Cancellations | ATD reserves the right to cancel any training course or event due to insufficient enrollment at least 7 calendar days in advance of the scheduled start date. Notice will be provided with the option to reschedule for a future date or to receive a full refund of registration fees. If a training course or event is canceled, ATD will reimburse the costs of flight change fees solely for the paying customer upon receiving the customer’s change fee receipt. ATD is not responsible for any other expenses incurred by the customer such as non-refundable airfare or hotel. In the unlikely event that a training course or event is canceled due to any unforeseen circumstances such as weather, natural disaster, or other emergency, the customer is entitled to reschedule for a future training course or event; however, ATD will not be responsible for any expenses incurred by the customer. |
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More than 5 business days prior to the start of the program/small conference |
Refunds: Please send your cancellation request in writing to customercare@td.org. Your refund or credit will be subject to a $100 cancellation fee. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Transfer to another education program: Participants or a representative of the organization that paid for the registration may transfer their registration to another education program of equal or lesser value free of charge. The transfer request must be received in writing to customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
5 business days or less prior to the start of the program/small conference |
Refunds or Credits: No refund or credit will be issued. Participant substitutions: If you find that you cannot attend, and it is less than five (5) business days before the start of the education program, you may send a replacement, with written notice to ATD at customercare@td.org. If you are unable to send a replacement, you forfeit your registration fee. Participant substitutions may be made at any time by the registrant or a representative of the organization that paid for the registration with written notification to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. Transfer to another education program: A $50 transfer charge will be applied. |
| ATD-Initiated Cancellations | ATD reserves the right to cancel any training course due to insufficient enrollment at least 7 calendar days in advance of the scheduled start date. Notice will be provided with the option to reschedule for a future date or to receive a full refund of registration fees. If a training course or event is canceled, ATD will reimburse the costs of flight change fees solely for the paying customer upon receiving the customer’s change fee receipt. ATD is not responsible for any other expenses incurred by the customer such as non-refundable airfare or hotel. In the event that a training course is canceled due to any unforeseen circumstances such as weather, natural disaster, or other emergency, the customer is entitled to reschedule for a future training course; however, ATD will not be responsible for any expenses incurred by the customer. |
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December 15, 2020 |
Refunds: Please send your cancellation request in writing to customercare@td.org. Your refund or credit will be subject to a $100 cancellation fee. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Participant substitutions: Participant substitutions may be made up to 5 business days prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
Between December 15, 2020 and January 20, 2021 |
Refunds or Credits: No refund or credit will be issued. Participant substitutions: Participant substitutions may be made up to 5 business days prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
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ATD 2020 Transfers |
Refunds: For registrations transferred from ATD 2020 to ATD 2021, ATD will refund 100% of your paid conference registration through June 30, 2021. Please send your cancellation request in writing to customercare@td.org. Refund requests must be submitted in writing to ATD Customer Care before June 30, 2021. All registrations are non-refundable after June 30, 2021. Credits/Participant Substitutions: Credits will not be provided for ATD 2021 conference registrations that were transferred from ATD 2020. Participant substitutions may be made prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. For new registrations to ATD 2021, the credit and participant substitution policies noted below apply. |
| By Jun 30, 2021 | Refunds: Please send your cancellation request in writing to customercare@td.org. ATD will refund 100% of your paid conference registration through June 30, 2021. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. *Credits will not be provided for conference registrations that were transferred from ATD 2020. Participant substitutions: Participant substitutions may be made prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
| After June 30, 2021 | Refunds: All registrations are non-refundable after June 30, 2021. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. *Credits will not be provided for conference registrations that were transferred from ATD 2020. Participant substitutions: Participant substitutions may be made prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. On-site substitutions must be accompanied with proof of the original registration payment. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. On-site substitutions must be accompanied with proof of the original registration payment and handled directly by ATD staff at onsite registration. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
Networking Night |
Refunds: ATD 2021 Networking Night tickets can be refunded and are not subject to a cancellation fee through June 30, 2021. Please send your cancellation request in writing to customercare@td.org. After June 30, 2021, no refunds will be provided. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Participant substitutions: Participant substitutions may be made prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. On-site substitutions must be accompanied with proof of the original registration payment. |
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Prior to October 5, 2020 |
Refunds: Please send your cancellation request in writing to customercare@td.org. Your refund or credit will be subject to a $50 cancellation fee. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Participant substitutions: If you find that you cannot attend, and it is more than five (5) business days before the start of the program, you may send a replacement, with written notice to ATD at customercare@td.org. Participant substitutions may be made by the registrant or a representative of the organization that paid for the registration with written notification to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
After October 5, 2020 |
Refunds or Credits: No refund or credit will be issued. Participant substitutions: Due to system set-up requirements, we are unable to substitute participants less than five business days prior to the start of the conference. |
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| Prior to Sept. 1, 2020 | Refunds: Please send your cancellation request in writing to customercare@td.org. Your refund or credit will be subject to a $100 cancellation fee. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Participant substitutions: Participant substitutions may be made up to 5 business days prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
| On or after September 1, 2020 | Refunds or Credits: No refund or credit will be issued. Participant substitutions: Participant substitutions may be made up to 5 business days prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
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| Prior to September 28, 2020 | Refunds: Please send your cancellation request in writing to customercare@td.org. Your refund or credit will be subject to a $100 cancellation fee. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Participant substitutions: Participant substitutions may be made up to 5 business days prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
| On or after September 28, 2020 | Refunds or Credits: No refund or credit will be issued. Participant substitutions: Participant substitutions may be made up to 5 business days prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
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| Prior to August 15, 2020 | Refunds: Please send your cancellation request in writing to customercare@td.org. Your refund or credit will be subject to a $100 cancellation fee. Credits: In lieu of a refund, you may elect to keep the credit from the cancellation on your account to use for another program or ATD product, however all credits must be used within one (1) year of the date of issuance. Participant substitutions: Participant substitutions may be made up to 5 business days prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
| After August 15, 2020 | Refunds or Credits: No refund or credit will be issued. Participant substitutions: Participant substitutions may be made up to 5 business days prior to the conference by a person or representative of the organization who paid for the registration by submitting the written request to ATD at customercare@td.org. If an ATD member transfers his or her registration to a nonmember, the nonmember must pay the difference between the ATD member and nonmember rate at the time of the transfer. |
This is an Agreement (“Agreement”) between you (“You,” “the Company,” or the “Authorized User”) and the Association for Talent Development (“ATD”). The terms of service (“TOS”) govern your access to the ATD Resource Center (“ATD Resource Center”).
License Grant. The ATD Resource Center is provided by ATD, and this TOS provides to the Company a corporate, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the ATD Resource Center. You may also load information from the ATD Resource Center into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the ATD Resource Center solely for your business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the ATD Resource Center. You expressly acknowledge and agree that ATD transfers no ownership or intellectual property interest or title in and to the ATD Resource Center to you or anyone else. All content contained on or available through the ATD Resource Center, unless otherwise indicated, is owned, controlled, and / or licensed by ATD and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Any downloadable or printable programs, directories, databases, information, or materials available through the ATD Resource Center and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by ATD. The Association for Talent Development, ATD, the ATD logo, and all other names, logos, and icons identifying ATD and its programs, products, and services are proprietary trademarks of ATD, and any use of such marks, including, without limitation, as domain names, without the express written permission of ATD is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ATD BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ATD RESOURCE CENTER, WITH THE DELAY OR INABILITY TO USE THE ATD RESOURCE CENTER, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE ATD RESOURCE CENTER, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ATD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ATD FOR ANY REASON WHATSOEVER RELATED TO USE OF THE ATD RESOURCE CENTER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ATD IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
INDEMNITY. You agree to defend, indemnify, and hold harmless ATD and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
GOVERNING LAW. The Company acknowledges shall be governed and enforced in accordance with the laws of the Commonwealth of Virginia. The Company acknowledges that the state and federal courts of the Commonwealth of Virginia shall be the exclusive fora for the resolution of any disputes concerning this TOS, and the Company agrees to submit to the jurisdiction of such courts.
TERM AND TERMINATION. The Company’s access to and billing for the ATD Resource Center will be made available upon payment of invoice or receipt of Company Purchase Order. The access will remain enforce for the term of one (1) year. Access will automatically terminate at the end of the Term unless the Company signs a new ATD Resource Center Activation Order for the next Term. In addition, ATD reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the ATD Resource Center or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must destroy all copies of any aspect of the ATD Resource Center in your possession. The provisions concerning ATD's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, admissibility of this TOS, waiver and severability, integration, and governing law will survive the termination of this TOS for any reason.
MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to ATD, such injury would not be quantifiable in monetary damages, and ATD would not have an adequate remedy at law. You therefore agree that ATD shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that ATD post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ATD to enforce any provision of this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as ATD's licensors. Accordingly, you may not assign your rights or obligations to any other person or entity, not identified in the ATD Resource Center Activation Order, without ATD's prior written consent. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and ATD as result of this TOS or your utilization of the ATD Resource Center. Headings herein are for convenience only. This TOS, along with the ATD's Privacy Policy and associated ATD Resource Center Activation Order (and its Terms and Conditions) with ATD for the ATD Resource Center, represents the entire agreement between you and ATD with respect to use of the ATD Resource Center, and it supersedes all prior communications and proposals, whether electronic, oral, or written between you and ATD. In the event of any conflict between this TOS and the ATD Resource Center Activation Order Form, the ATD Resource Center Activation Order shall control. Unless otherwise agreed to by ATD, please note that ATD reserves the right to change the terms and conditions of this TOS and the manner under which the ATD Resource Center (and its functionality) is extended to you by providing you notice or a copy of such revised terms. ATD may also change or modify any aspect of the ATD Resource Center.
The Association for Talent Development (“ATD,” also identified herein as “we” or “us”) respects the intellectual property rights of others and expects others to do the same. Accordingly, it is ATD's policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act, 17 U.S.C. 512 (the “DMCA”). If you (with end users, claimants, or visitors identified herein as “You”) believe that any materials made accessible by ATD have been used or copied in a way that infringes Your copyright, trademark, or other intellectual property rights, You may request removal of those materials from the ATD website or any other digital properties owned and operated by ATD (referred to collectively as the “Website”) by providing written notice to ATD’s designated agent as specified below along with the following information:
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. ATD WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.
Notice And Takedown. If ATD receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. ATD will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as further described below. In addition, ATD may, at its discretion, deny access to its Website by disablement and/or termination of accounts.
Designated Agent. ATD’s designated copyright agent to receive DMCA notices is Association for Talent Development
Director of Production
American Society for Training & Development (ASTD) DBA Association for Talent Development (ATD)
1640 King Street
Alexandria, VA 22314
Phone: 703-683-8100
Email: publications@td.org
Upon receipt of proper notification of claimed infringement, ATD will follow the procedures outlined herein.
Copyright Counter-Notices. If ATD terminates or suspends Your access to or use of the Website, ATD will make a good-faith attempt (as warranted) to contact You so that You may make a counter notification pursuant to applicable laws. It is ATD's policy to document all notices of alleged infringement upon which ATD decides to take action. If content You posted on the Website was removed due to a claim(s) of copyright or intellectual property infringement and You would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
Elements of Counter-Notification. To expedite our ability to process Your counter-notification, please use the following format (including section numbers):
After we receive Your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of Your identifying information set forth in the counter-notification. By submitting a counter-notification, You therefore consent to having such identifying information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material on the Website. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification. If You reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between You and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in Your country and/or the United States of America if You make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if You are not sure whether content You posted on the Website is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend You first contact a lawyer knowledgeable in the laws of the United States. If You do wish to file a counter-notice, You should follow the process set forth above under the heading “Elements of Counter-Notification.”
There are no contests at this time.